Cortez Zoning Administrator Position Held By What Person - Sec 6.24 of city code

To Whom It May Concern:

Pursuant to the Colorado Open Records Act, I hereby request the following records:

Ref to 6.24 "Administrative officials.
(a) Zoning Administrator. There is created an official administrative position known as the zoning administrator. The zoning administrator shall be the city planner and shall be appointed by, directed by, and serve at the pleasure of the city manager, except in such cases as noted in Section 2.02 of this code..."

Please generate a document citing who held the position and between what times / dates for the 6.24 Zoning Administrator from the present going back to 2014, Jan 1. Include full identifiable information and whatever email and business contact information that they had.

If there are any gaps in this timeline, please provide guidance about how this job would have been performed by another staffer, and who / when that was authorized.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.

Sincerely,

Charles Jeter

Hello,

Please find the request form attached. Thank you for your help with this request.

Sincerely,
MuckRock

Thank you for the response. Please amend my request to accommodate these requirements:

Ref to 6.24 "Administrative officials.
(a) Zoning Administrator. There is created an official administrative position known as the zoning administrator. The zoning administrator shall be the city planner and shall be appointed by, directed by, and serve at the pleasure of the city manager, except in such cases as noted in Section 2.02 of this code..."

Please provide copies of organizational charts and other documents citing who held the position and between what times / dates for the 6.24 Zoning Administrator from the present going back to 2014, Jan 1.

If there are emails or other minutes of city staff regarding discussion of who and when they were authorized, please provide those. The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.

Sincerely,

Charles Jeter

Checking up on this request. 12/5

Please give an estimated timeline to responsive documents

Checking up on this request. 12/21/2023

Please give an estimated timeline to responsive documents. It has been over thirty days since the last contact, and over two weeks since the last request for the timeline of the completion on Dec. 5th.

Thank you and Merry Christmas

Citing this statute in full for the benefit of the Human Resources Manager who has not yet responded with a timeline since or before November 30, 2023,

(6.5) (a) "Work product" means and includes all intra- or inter-agency advisory or deliberative materials assembled for the benefit of elected officials, which materials express an opinion or are deliberative in nature and are communicated for the purpose of assisting such elected officials in reaching a decision within the scope of their authority. Such materials include, but are not limited to:

(I) Notes and memoranda that relate to or serve as background information for such decisions;

(II) Preliminary drafts and discussion copies of documents that express a decision by an elected official.

(b) "Work product" also includes:

(I) All documents relating to the drafting of bills or amendments, pursuant to section 2- 3-304 (1) or 2-3-505 (2)(b), C.R.S., but it does not include the final version of documents prepared or assembled pursuant to section 2-3-505 (2)(c), C.R.S.;

(II) All documents prepared or assembled by a member of the general assembly relating to the drafting of bills or amendments;

(III) All documents prepared by or submitted to any legislative staff in connection with assisting a member of the general assembly in responding to the correspondence from a constituent when such correspondence is not a public record of an elected official as provided for in subsection (6) of this section;

(IV) All documents and all research projects conducted by staff of legislative council pursuant to section 2-3-304 (1), C.R.S., if the research is requested by a member of the general assembly and identified by the member as being in connection with pending or proposed legislation or amendments thereto. However, the final product of any such research project shall become a public record unless the member specifically requests that it remain work product. In addition, if such a research project is requested by a member of the general assembly and the project is not identified as being in connection with pending or proposed legislation or amendments thereto, the final product shall become a public record.

I include this as guidance in fulfilling the statutory requirement for the responsive documents which have been assigned to be reviewed and presented for public review.
Ref to 6.24 "Administrative officials.
(a) Zoning Administrator. There is created an official administrative position known as the zoning administrator. The zoning administrator shall be the city planner and shall be appointed by, directed by, and serve at the pleasure of the city manager, except in such cases as noted in Section 2.02 of this code..."

Please provide copies of organizational charts and other documents citing who held the position and between what times / dates for the 6.24 Zoning Administrator from the present going back to 2014, Jan 1.

If there are emails or other minutes of city staff regarding discussion of who and when they were authorized, please provide those. The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.

Sincerely,

Charles Jeter

Please excuse the incomplete email previously sent.

Citing this statute in full for the benefit of the Human Resources Manager who has not yet responded with a timeline since or before November 30, 2023, work products are excluded, but as in section (6.5.c) there are specific items that are included which I am requesting. The statute excludes work products, but organization charts and other decision making tools provided by staff should be included as per the statute. I hope this helps.
--
(6.5) (a) "Work product" means and includes all intra- or inter-agency advisory or deliberative materials assembled for the benefit of elected officials, which materials express an opinion or are deliberative in nature and are communicated for the purpose of assisting such elected officials in reaching a decision within the scope of their authority. Such materials include, but are not limited to:

(I) Notes and memoranda that relate to or serve as background information for such decisions;

(II) Preliminary drafts and discussion copies of documents that express a decision by an elected official.

(b) "Work product" also includes:

(I) All documents relating to the drafting of bills or amendments, pursuant to section 2- 3-304 (1) or 2-3-505 (2)(b), C.R.S., but it does not include the final version of documents prepared or assembled pursuant to section 2-3-505 (2)(c), C.R.S.;

(II) All documents prepared or assembled by a member of the general assembly relating to the drafting of bills or amendments;

(III) All documents prepared by or submitted to any legislative staff in connection with assisting a member of the general assembly in responding to the correspondence from a constituent when such correspondence is not a public record of an elected official as provided for in subsection (6) of this section;

(IV) All documents and all research projects conducted by staff of legislative council pursuant to section 2-3-304 (1), C.R.S., if the research is requested by a member of the general assembly and identified by the member as being in connection with pending or proposed legislation or amendments thereto. However, the final product of any such research project shall become a public record unless the member specifically requests that it remain work product. In addition, if such a research project is requested by a member of the general assembly and the project is not identified as being in connection with pending or proposed legislation or amendments thereto, the final product shall become a public record.

(c) "Work product" does not include:

(I) Any final version of a document that expresses a final decision by an elected official;

(II) Any final version of a fiscal or performance audit report or similar document the
purpose of which is to investigate, track, or account for the operation or management of a public entity or the expenditure of public money, together with the final version of any supporting material attached to such final report or document;

(III) Any final accounting or final financial record or report;

(IV) Any materials that would otherwise constitute work product if such materials are produced and distributed to the members of a public body for their use or consideration in a public meeting or cited and identified in the text of the final version of a document that expresses a decision by an elected official.

(d) (I) In addition, "work product" does not include any final version of a document prepared or assembled for an elected official that consists solely of factual information compiled from public sources. The final version of such a document shall be a public record. These documents include, but are not limited to:

(A) Comparisons of existing laws, ordinances, rules, or regulations with the provisions of any bill, amendment, or proposed law, ordinance, rule, or regulation; comparisons of any bills, amendments, or proposed laws, ordinances, rules, or regulations with other bills, amendments, or proposed laws, ordinances, rules, or regulations; comparisons of different versions of bills, amendments, or proposed laws, ordinances, rules, or regulations; and comparisons of the laws, ordinances, rules, or regulations of the jurisdiction of the elected official with the laws, ordinances, rules, or regulations of other jurisdictions;

(B) Compilations of existing public information, statistics, or data;

(C) Compilations or explanations of general areas or bodies of law, ordinances, rules, or regulations, legislative history, or legislative policy.

(II) This paragraph (d) shall not apply to documents prepared or assembled for members of the general assembly pursuant to paragraph (b) of this subsection (6.5).

(7) "Writings" means and includes all books, papers, maps, photographs, cards, tapes, recordings, or other documentary materials, regardless of physical form or characteristics. "Writings" includes digitally stored data, including without limitation electronic mail messages, but does not include computer software.

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I include this as guidance in fulfilling the statutory requirement for the responsive documents which have been assigned to be reviewed and presented for public review.
Ref to 6.24 "Administrative officials.
(a) Zoning Administrator. There is created an official administrative position known as the zoning administrator. The zoning administrator shall be the city planner and shall be appointed by, directed by, and serve at the pleasure of the city manager, except in such cases as noted in Section 2.02 of this code..."

Please provide copies of organizational charts and other documents citing who held the position and between what times / dates for the 6.24 Zoning Administrator from the present going back to 2014, Jan 1.

If there are emails or other minutes of city staff regarding discussion of who and when they were authorized, please provide those. The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.

Sincerely,

Charles Jeter

Thank you for the repeat of the response

I amended my request in light of this November 15th, 2023, and had several responses since then.

Should we file a completely new request rather than amend?

-- from November 15th--

Thank you for the response. Please amend my request to accommodate these requirements:

Ref to 6.24 "Administrative officials.
(a) Zoning Administrator. There is created an official administrative position known as the zoning administrator. The zoning administrator shall be the city planner and shall be appointed by, directed by, and serve at the pleasure of the city manager, except in such cases as noted in Section 2.02 of this code..."

Please provide copies of organizational charts and other documents citing who held the position and between what times / dates for the 6.24 Zoning Administrator from the present going back to 2014, Jan 1.

If there are emails or other minutes of city staff regarding discussion of who and when they were authorized, please provide those. The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.

Sincerely,

Charles Jeter
-- request which was pending HR or City Attorney as per the January response.

Are we looking at terminating this request rather than amending it?

Charles Jeter

Thank you, I will be resubmitting my request today.

Charles