Post by Jeff Leeder on May 6, 2022 5:02:07 GMT -7
Compliance with Colorado State Law and CORA Request For Electronic Records of School Business
This exchange happened May 2, 2022. I accidentally kept the first line below (meant to delete) in my reply.
Begin forwarded message:
From: BLA Parent <cosblaparent@gmail.com>
Subject: Re: Board Compliance with Colorado Law
Date: May 2, 2022 at 6:57:31 PM MDT
To: BLRA Board <boardblra@blracademy.org>
Your reply partially answers my questions.
The Board has not answered any question that I have asked below. The Board has quoted me the law.
This is not surprising given the Board stated earlier that the Board will only answer questions that the Board is legally obligated to answer.
The Board has has, on numerous occasions, used passive aggressive, condescending emails asking the Community to conduct research and ask questions. And when the Community does, the Board hides behind the position of answering what is legally obligated.
The Board has asked Community members on numerous occasions to reflect on their behavior and ask forgiveness for what the Board perceives to be a wrong. In that vein, I ask the Board to reflect on activist and writer Terrance Thomas where he says “Accountability feels like an attack, when you’re not ready to acknowledge how your behavior is harmful.” Once that reflection is complete, perhaps the Board will see, finally, how harmful, damaging, and vindictive the Board is perceived by Community members.
Jeff Leeder
Very Concerned BLA Parent
On May 2, 2022, at 5:55 PM, Heather Zambrano <HZambrano@blracademy.org> wrote:
Good evening,
A personal device that is not in the “custody and control” of a local public body is not subject to CORA.
Thank you,
Heather
From: BLA Parent <cosblaparent@gmail.com>
Sent: Monday, May 2, 2022 4:12:26 PM
To: BLRA Board <boardblra@blracademy.org>
Subject: Board Compliance with Colorado Law
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe
IAW Banning Lewis School Board Communications Policy dated April 2017, "The Board shall maintain a public email address which will be published to the school community and serve as the primary means for the school community to contact the Board outside of public meetings “, the following is submitted:
The Colorado Open Records Act, CRS Title 42 Article 72, Section 24-72-202, (1.2) "Electronic mail" means an electronic message that is transmitted between two or more computers or electronic terminals, whether or not the message is converted to hard copy format after receipt and whether or not the message is viewed upon transmission or stored for later retrieval. "Electronic mail" includes electronic messages that are transmitted through a local, regional, or global computer network. “
Banning Lewis School Board Communications Policy dates April 2017, states “The Board use of email is required to efficiently execute the business of the school. Due to legal restrictions on this type of communication strict guidelines must be adhered to in order to remain compliant with all applicable laws. Under no circumstances shall the Board membership conduct communications though email that violates the Colorado Sunshine Law.
A recent review of a paper published by a Colorado attorney has several key elements I draw the Board’s attention to:
“...charter school board members should assume that email discussions regarding the school’s business are subject to the Open Meetings Law. Unfortunately, while email discussions among board members are not illegal per se, it is unclear how one would “invite” the public to attend such “meetings.” Accordingly, email discussions involving more than two board members should be avoided."
Specific questions to the Board to answer within the context provided above:
1. Does the board, in whole or in part, use any personal device or personal account in the conduct of Board business?
2. Since the “electronic mail” definition provided by statute above includes text messages, does the Board include text message transmitted from personal devices or accounts involving more than two board members in CORA reviews?
3. If “no” why not?
4. If “yes” what is the Board policy and process to capture text messages in to a CORA searchable database?
5. What is the Board’s process for verifying that "Under no circumstances shall the Board membership conduct communications though email that violates the Colorado Sunshine Law”?
The Board’s lack of transparency, apparent efforts to side step Colorado State Law, your willingness to pick and choose which policy’s apply to the Board and therefore follow is staggering. My numerous unanswered questions, if answered truthfully and with full context, would provide a modicum of trust restoration to the community. However, the Board has replied that the Board will "send all of your [my] emails to our attorney for review so that we can understand what we are legally obligated to respond to.”
The Board exists to serve the Community, yet the Board operates in secret and shadow and has stated that the Board will only provide minimally compliant information to the Community.
Jeff Leeder
Very Concerned BLA Parent
This exchange happened May 2, 2022. I accidentally kept the first line below (meant to delete) in my reply.
Begin forwarded message:
From: BLA Parent <cosblaparent@gmail.com>
Subject: Re: Board Compliance with Colorado Law
Date: May 2, 2022 at 6:57:31 PM MDT
To: BLRA Board <boardblra@blracademy.org>
Your reply partially answers my questions.
The Board has not answered any question that I have asked below. The Board has quoted me the law.
This is not surprising given the Board stated earlier that the Board will only answer questions that the Board is legally obligated to answer.
The Board has has, on numerous occasions, used passive aggressive, condescending emails asking the Community to conduct research and ask questions. And when the Community does, the Board hides behind the position of answering what is legally obligated.
The Board has asked Community members on numerous occasions to reflect on their behavior and ask forgiveness for what the Board perceives to be a wrong. In that vein, I ask the Board to reflect on activist and writer Terrance Thomas where he says “Accountability feels like an attack, when you’re not ready to acknowledge how your behavior is harmful.” Once that reflection is complete, perhaps the Board will see, finally, how harmful, damaging, and vindictive the Board is perceived by Community members.
Jeff Leeder
Very Concerned BLA Parent
On May 2, 2022, at 5:55 PM, Heather Zambrano <HZambrano@blracademy.org> wrote:
Good evening,
A personal device that is not in the “custody and control” of a local public body is not subject to CORA.
Thank you,
Heather
From: BLA Parent <cosblaparent@gmail.com>
Sent: Monday, May 2, 2022 4:12:26 PM
To: BLRA Board <boardblra@blracademy.org>
Subject: Board Compliance with Colorado Law
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe
IAW Banning Lewis School Board Communications Policy dated April 2017, "The Board shall maintain a public email address which will be published to the school community and serve as the primary means for the school community to contact the Board outside of public meetings “, the following is submitted:
The Colorado Open Records Act, CRS Title 42 Article 72, Section 24-72-202, (1.2) "Electronic mail" means an electronic message that is transmitted between two or more computers or electronic terminals, whether or not the message is converted to hard copy format after receipt and whether or not the message is viewed upon transmission or stored for later retrieval. "Electronic mail" includes electronic messages that are transmitted through a local, regional, or global computer network. “
Banning Lewis School Board Communications Policy dates April 2017, states “The Board use of email is required to efficiently execute the business of the school. Due to legal restrictions on this type of communication strict guidelines must be adhered to in order to remain compliant with all applicable laws. Under no circumstances shall the Board membership conduct communications though email that violates the Colorado Sunshine Law.
A recent review of a paper published by a Colorado attorney has several key elements I draw the Board’s attention to:
“...charter school board members should assume that email discussions regarding the school’s business are subject to the Open Meetings Law. Unfortunately, while email discussions among board members are not illegal per se, it is unclear how one would “invite” the public to attend such “meetings.” Accordingly, email discussions involving more than two board members should be avoided."
Specific questions to the Board to answer within the context provided above:
1. Does the board, in whole or in part, use any personal device or personal account in the conduct of Board business?
2. Since the “electronic mail” definition provided by statute above includes text messages, does the Board include text message transmitted from personal devices or accounts involving more than two board members in CORA reviews?
3. If “no” why not?
4. If “yes” what is the Board policy and process to capture text messages in to a CORA searchable database?
5. What is the Board’s process for verifying that "Under no circumstances shall the Board membership conduct communications though email that violates the Colorado Sunshine Law”?
The Board’s lack of transparency, apparent efforts to side step Colorado State Law, your willingness to pick and choose which policy’s apply to the Board and therefore follow is staggering. My numerous unanswered questions, if answered truthfully and with full context, would provide a modicum of trust restoration to the community. However, the Board has replied that the Board will "send all of your [my] emails to our attorney for review so that we can understand what we are legally obligated to respond to.”
The Board exists to serve the Community, yet the Board operates in secret and shadow and has stated that the Board will only provide minimally compliant information to the Community.
Jeff Leeder
Very Concerned BLA Parent