From: Melody Mirbaba [mailto:melody.mirbaba@state.co.us]
Sent: Wednesday, November 14, 2007 10:05 AM
To: Al Kolwicz
Subject: RE: 9/20/07 CORA request
Mr. Kolwicz,
I understand you are eager to review records, however, your comments suggest that the Secretary has caused unnecessary delay in providing you with access to records. However, the Secretary's first correspondence responding to your CORA request was dated September 24, 2007, less than three business days from the date of your CORA request. There was clearly no delay in that response. Second, I have now offered to make records available on two separate occasions, but you have apparently declined this offer. The first offer was on October 5, 2007 and the second on October 16, 2007. Clearly, there was no delay in making these offers to you once we received clarification of your request. In addition, you delayed responding to my October 16, 2007 letter for nearly a month (you responded on November 12, 2007 with the current request to meet). I believe these objective facts show very clearly that there has been no effort whatsoever by the Secretary to delay providing you with records. In fact, the Secretary has made more than reasonable efforts and invested a great deal of time resources to accommodate your requests. Nonetheless, you have voluntarily caused significant delay in these matters, as you are well aware, and yet now it appears that you would like to shift the cause of that delay onto the Secretary, and I quote "There are limits to the amount of delay permitted."
At this point, the Secretary is interpreting your recent correspondence as indicating that you do not wish to review the records that have been offered for your inspection. In particular, you have neglected to schedule any time to review the records, and your other correspondence indicates you believe that there is a difference of understanding in terms of the records sought. Because we have responded to the first CORA request and you have apparently refused to review those records, yet you still seek some records, it seems the best course of action would be for you to provide us with a new CORA request This is not to say that a meeting is not helpful or will not take place, but having a written statement showing what you are seeking will greatly assist the progress of any such meeting. I say this because I do not have personal knowledge of the Secretary's records, so if you want to ask me questions about those records, I won't be able to give you answers until I meet with the Secretary's staff. Thus, perhaps you can send me a new CORA request that I can research, then we can meet (so long as the Secretary approves the expenditure of additional resources for such a meeting)?
Please consider this request and let me know your position. Meanwhile, I will continue to seek approval to set up a meeting with you as soon as possible.
Regards,
Melody Mirbaba
Assistant Attorney General I
Public Officials Unit
1525 Sherman Street
Denver, Colorado 80203
Direct Phone: (303)866-4224
Fax: (303)866-5671