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Passed by the state legislature in 1968, two years after Congress adopted the federal Freedom of Information Act, the statute now known as the Colorado Open Records Act (CORA), C.R.S. § 24-72-201 to 206, states that all public records shall be open for inspection by any person at reasonable times, except as provided in part 2 or as otherwise specifically provided by law. CORA covers public access to the records of government at the state and local level, except for criminal justice records.
The definition of "public records" found in CORA is extensive and applies to all levels and types of governments in Colorado, except for the federal government and tribal governments. It includes all writings, books, papers, photographs, tape recordings, and electronic mail made, maintained, or kept by the state, any agency, institution, or political subdivision of the state, and any elected or appointed public official for use in the exercise of functions required or authorized by law.
There are some exceptions, including communications that are personal in nature, confidential messages from constituents about a matter relating to that constituent, and work product, including documents relating to the drafting of bills by attorneys. However, any person who may be subject to the open records law should err on the side of considering all communications to be potentially releasable, including records kept on a personally owned, private device.
Public records are open for inspection by “any person,” defined as a natural person as well as any corporation, limited liability company, firm, partnership, or association. Unlike some other states, Colorado does not have a residency requirement for requesting public records. And because non-exempt records are declared to be open for public inspection and copying, a reason is not needed for seeking public records.
Agencies may charge a reasonable fee, not to exceed the actual cost, of transmitting paper copies or generating or manipulating data in a form not used by the agency. Agencies may also charge a research and retrieval fee after the first hour of research, if they have published a written policy covering such fees prior to receiving a request.
This information was extracted from Colorado Revised Statues 24-72-202, and for opinions, additional information or to respond to any CORA requests consult with your County Attorney.
CTSI recommends that the County adopt a written policy for the inspection of public records pursuant to the Colorado Open Records Act, (CORA), 24-72-201, et seq., C.R.S., as amended.
CTSI also suggests that the Board of County Commissioners appoint a certain person as “Custodian” who would have control of the public records in question. Persons to consider for this role are the County Clerk and Recorder, Commissioners Administrative Assistant, or someone in the Attorney’s office. The Custodian should confer with the County Attorney to make sure that the records requested are within the legal parameters of the law.
This update is provided as a public service and for informational purposes only. It is not intended to consist of or to contain any legal advice. Additionally, no statements or interpretation of law contained herein shall be deemed binding to CTSI.
The Fair Labor Standards Act (FLSA) has been a cornerstone of labor law in the United States since its inception in 1938. Designed to protect workers and establish a minimum standard of living, the FLSA has undergone several amendments to address evolving labor practices. In 2010, significant changes were made to strengthen the Act's provisions, particularly concerning the restriction on the use of child labor.
The federal child labor provisions of the FLSA were enacted to ensure that young people's work is safe and does not jeopardize their health, well-being, or educational opportunities. These provisions also expanded and clarified the types of activities and occupations forbidden to youth under the age of 18. Review the various restrictions to ensure that your county complies. Remember that even where the rules do not apply to volunteers, allowing a minor to engage in an activity regulated or considered hazardous can increase potential liability in the event of an injury.
In 2024, the U.S. Department of Labor concluded 736 investigations that found child labor violations, a 23% decrease from 2023. These investigations uncovered 4,030 children employed in violation of the law, a 31% increase since 2019. The Department assessed more than $15.1 million in penalties, an 89% increase from the previous year. Despite a decrease in investigations, the significant rise in penalties reflects the Department's intensified efforts to combat violations.
Generally, hazardous occupations involve using or being exposed to various hazardous tools, power-driven equipment, and dangerous conditions such as heat, pressure, fire, chemical hazards, explosive substances, etc. Below are some examples:
This would include all restricted activities for the older age group, plus the following:
These provisions may be viewed on the Electronic Code of Federal Regulations (e-CFR) website. Child labor regulations are covered in Title 29, Subtitle B, Chapter V, Subchapter A, Part 570 -Child Labor Regulations, Orders and Statements of Interpretation.
The FLSA's restriction on the use of child labor is a crucial component of the legislation, which is aimed at protecting the rights and well-being of children in the workforce. CTSI recommends an annual review of county youth employee occupational assignments to address any needed changes. For more information, contact CTSI at (303) 861-0507.
With the increase in telecommuting and remote work since the pandemic, employers are receiving more employee requests to work remotely outside of Colorado. While out-of-state work arrangements can help with employee recruitment and retention, employers should be mindful of their legal obligations with respect to such arrangements.
Compensation Laws: Employers generally must comply with the workers' compensation laws of the state where their employees are physically working. While laws vary by state, most states require employers to register and obtain workers' compensation insurance in the state where the employee is working.
The workers' compensation division in the applicable state can provide information on the state's specific requirements. CWCP's workers' compensation policy covers only employees working in Colorado, but we may be able to assist you in obtaining a policy endorsement for other states. Please reach out to CTSI if you have any questions about this.
Local Employment Laws: Remote workers may also be subject to the employment laws of the city and state where they are working. Laws that may apply to remote workers include those addressing overtime, rest breaks, minimum wage, job postings, and workplace discrimination.
Unemployment Insurance: Employers who have employees working out-of-state on more than a temporary basis may need to register and pay unemployment insurance premiums for the employee through the state unemployment insurance program where the employee is working.
Income Tax: Employers may also need to withhold state income tax in the state where the remote employee is working.
While allowing employees to perform remote work outside of Colorado may be an option for some counties, it is important to understand that doing so may implicate laws and obligations in the state where the employee is located. Failure to understand and comply with these obligations may expose the county to liability, including penalties for noncompliance with the state’s workers’ compensation, unemployment insurance and tax laws.
As county employees and officials, you may interact with the media more frequently than ever. Whether it’s local newspapers, television networks, social media influencers, or digital news platforms, journalists rely on information from public officials as authoritative sources. In today’s fast-paced media landscape, where news spreads instantly, it is crucial to have a consistent and well-prepared approach when engaging with the media.
Below are key strategies adapted for 2025 to help government officials navigate media engagement effectively:
Be Prepared.
Before speaking with the media, identify the reporter’s objectives and gather key facts, figures, and messaging points. With the rise of live-streamed interviews and real-time social media reporting, preparation is more critical than ever. If you need time to verify information, use a holding statement such as: “I want to ensure I provide accurate information. Let me gather the facts and follow up with you within the hour.” Always follow through within the promised timeframe.
Be Concise.
Journalists seek clear and impactful quotes. Keep statements brief, relevant, and easy to understand. Avoid technical jargon, acronyms, or bureaucratic language. Social media clips and digital news bites now often distill interviews into 5–10 second soundbites, so ensure your message is clear and to the point.
Be Accurate.
With misinformation and fact-checking at an all-time high, accuracy is paramount. Double-check all statistics and details before sharing them publicly. If unsure, do not speculate. Instead, offer to follow up with verified information before the reporter’s deadline.
Be Cautious with Social Media.
In 2025, social media can be both an asset and a risk. Assume that anything you say—even in casual or private conversations—can be shared publicly. Do not engage in online debates with reporters or the public. Stick to official county channels for responses and avoid making statements that could be misinterpreted.
Understand What’s ‘On the Record.’
Assume all conversations with journalists are public, even if they state otherwise. Avoid saying anything you wouldn’t want to see in print or on television. Going “off the record” is risky and not always honored in today’s fast-paced media environment.
Crisis Communication Matters.
If a crisis arises, counties should have a designated spokesperson to ensure a clear, unified message. Misinformation spreads rapidly, and conflicting messages can damage credibility. Ensure that responses remain factual, empathetic, and solution-oriented. Regularly update the public as new information becomes available.
Know Your Audience.
Media outlets vary widely in their audience and tone. Tailor your message accordingly, whether addressing a national news network, a local radio station, or a community-focused podcast. Understanding the platform will help frame your message to resonate with the intended audience.
A positive relationship with the media can help counties share important information with the public. However, it is vital to manage communications carefully, particularly in sensitive or crisis situations that could expose the county to liability. To maintain consistency:
For further guidance on media engagement or training resources, please contact CTSI at 303-861-0507.
CTSI is much more than insurance. We are county-owned and operated, assisting most Colorado counties and other government agencies. As a membership organization, CTSI is committed to providing high-quality risk management and loss control services as well as employee training and education, human resources, and other value-added services, such as management and regulatory consulting. At the core of CTSI is our mission statement, which guides our team’s every endeavor and underscores our shared vision.
To provide counties with alternative risk management and other technical services that are progressive, competitive, and cost-effective.
At CTSI we pride ourselves on our customer service and being available in-person to meet the needs of our membership. Below is a list of who to contact in each department.
Indemnification clauses allocate financial responsibility for losses in contracts, shifting liability from one party to another. For example, if a county leases a park shelter, the lessee may be required to cover injuries during the event, protecting the county from lawsuits. This clause mitigates risk and provides financial protection.
Indemnification clauses protect public entities such as counties, municipalities, and other governmental bodies. Common in contracts for construction projects, service agreements, leases, and permits, these clauses shift liability to the other party, safeguarding public assets and employees. When public entities hold bargaining power, they can require indemnification to cover damages from negligence or improper actions, ensuring permit holders or contractors assume responsibility for associated risks.
Public entities may also find themselves asked to indemnify private or governmental entities. This is common in intergovernmental agreements, state grants, or utility easements. Before agreeing, public officials must carefully weigh the potential benefits of the contract against the risks associated with indemnification. For example, mutual indemnification clauses may be appropriate for agreements that benefit both parties, such as shared emergency services or infrastructure projects.
Negotiation is key in these scenarios. While indemnification clauses may seem non-negotiable, most contract terms can be revised through careful negotiation. Public officials should evaluate "what-if" scenarios to understand the practical implications of indemnification. Whenever possible, include provisions to limit liability, such as capping financial exposure or excluding gross negligence or willful misconduct.
Article XI, Sections 1 and 2 of the Colorado Constitution limit public entities' ability to indemnify private parties. These provisions prohibit counties, cities, and other public entities from lending or pledging credit to private entities. However, exceptions exist when the agreement serves a clear public purpose. For instance, indemnifying a cell tower provider may be permissible if the tower supports emergency communication services that benefit the public.
Counties must exercise caution when entering contracts that involve indemnification. Legal review is essential to ensure compliance with constitutional requirements and to mitigate risks. Engaging a county attorney early in the contract negotiation process is critical for identifying potential pitfalls and crafting language that protects the public entity’s interests.
Best Practices for Managing Indemnification
Indemnification is a powerful tool for managing contract risk but must be approached thoughtfully and strategically. By understanding the nuances of indemnification clauses and adhering to legal and practical guidelines, counties can protect their interests while fostering beneficial agreements. For further assistance or specific questions about indemnification clauses, contact CTSI at (303) 861-0507.
A contract is a written or spoken agreement, especially concerning employment, sales, or tenancy, intended to be enforceable by law. For counties, contracts are essential for conducting business with vendors, construction firms, or service providers. Consider a contract as a roadmap for any project or service, outlining expectations, responsibilities, timelines, payments, and goals. When used effectively, a contract becomes a powerful planning, accountability, and measurement tool.
The Scope of Work is a critical component of any contract, detailing the tasks, deliverables, and timelines required to complete the project. The SOW ensures clarity and alignment between all parties, reducing misunderstandings and disputes. A well-drafted SOW should include:
The contract duration defines the time frame for the agreement, either in calendar days or working days. It outlines project-specific contracts' start and end dates, such as construction. For ongoing services, like office supply deliveries, the period during which the services will be provided is specified.
Key elements to consider in contract duration include:
Verify that contracts are signed by legally authorized individuals to maintain validity. For counties, this is typically the Board of County Commissioners or a designated representative (C.R.S. 30-11-103 and 30-11-101(d)). Confirm the accurate names and titles of both parties, and allow internal reviews by legal and financial staff to address issues before finalizing. These steps safeguard all parties and promote proper execution.
Including a dispute resolution clause in contracts helps avoid costly litigation. Such clauses often require mediation, where a neutral party facilitates an agreement, or arbitration, where a neutral arbitrator makes a binding decision. While arbitration can expedite resolution, its limited appeal options may be challenging for public entities. Organizations should clearly define their preferred dispute resolution process in the contract to avoid misunderstandings.
To further streamline contract execution and management:
Contracts are a fundamental aspect of conducting business at all levels of government, providing a clear roadmap for expectations, timelines, and costs. For counties, focusing on key elements such as scope of work, duration, authorized signatories, dispute resolution, and effective communication ensures confidence in navigating the complexities of contracting. A well-crafted and thoroughly reviewed contract is vital for achieving successful outcomes in projects and services. Counties should carefully review agreements and consult their county attorney to safeguard all interests. For further assistance, contact CTSI at (303) 861-0507.
