By Michael Karlik | Colorado Politics
At the same time the Colorado Supreme Court found that two media outlets were properly denied access to records bearing on police officers’ misconduct, it declined to endorse an interpretation of state law that would have enabled non-law enforcement entities to shield their documents by labeling themselves “criminal justice agencies.”
Instead, the justices on Monday concluded that label applies to one particular licensing agency, the Peace Officer Standards and Training (POST) Board. As a result, POST’s records certifying and decertifying law enforcement officers are subject to more stringent disclosure guidelines.
Previously, the state’s Court of Appeals concluded POST met the definition of a criminal justice agency. However, the appellate court reasoned that POST’s collection and storage of criminal records during the decertification process fulfilled the requirement that a criminal justice agency “performs any activity” related to criminal records. Under that logic, many other licensing agencies — including the Dental Board — could be deemed criminal justice agencies.