The Denver Gazette v. Wheeler

The Denver Gazette is suing the Denver Public Schools for access the disciplinary records of district administrators.

Case Number: 2022CV032315

Court: Denver County District Court

Clients: The Denver Gazette, David Migoya

Complaint Filed: Aug. 11, 2022

Background: In January 2022, David Migoya, a senior investigative reporter at The Denver Gazette, submitted a Colorado Open Records Act request to the Denver Public Schools seeking access to the disciplinary records of district administrators, including principals and vice principals.

After initially indicating that it would produce the records — at a cost of $1,170, which Migoya paid — the district later told the journalist that it would not turn them over, citing a CORA exemption that shields personnel files. Migoya informally appealed with the district, arguing that the personnel files exemption applies only to “personal demographic information” such as an individual’s “home address, home phone number and personal financial data,” which is unrelated to the disciplinary records he requested.

The district denied Migoya’s appeal. In addition to arguing that it was prohibited from disclosing personnel files, the district said it was withholding the records because they contained information concerning sexual harassment complaints and investigations, which it claimed were exempt from disclosure. The district also argued that releasing the records would result in “substantial injury to the public interest.”

On behalf of Migoya and The Denver Gazette, Rachael Johnson, the Reporters Committee’s Local Legal Initiative attorney for Colorado, filed this public records lawsuit against the school district. The lawsuit argues that the records fall outside the scope of the personnel files exemption and that Migoya’s request does not seek disclosure of any “records of sexual harassment complaints and investigations.” Additionally, the lawsuit argues that CORA’s substantial injury to the public interest exemption is inapplicable to the journalist’s request.

Updates:

On Nov. 22, 2022, the district court issued an order finding that the records were not subject to CORA’s “personnel files” exemption and that the requested records — except records for sexual harassment complaints and investigations — were subject to disclosure.

After holding an evidentiary hearing on the school district’s motion to restrict access to the requested records under the public interest exemption, the district court issued an order on April 24, 2023, finding that disclosure of the records “would substantially injure the public.” The court also found that school administrators’ “long-standing belief” that their disciplinary records are confidential was sufficient to meet the high standard of substantial injury to the public interest.