24-72.4-103. Web-based system - enhancements - procedure for challenging exclusions. (1) The department of personnel shall modify the web-based system to meet the following requirements:
(a) Except as set forth in paragraphs (g) and (i) of this subsection (1), the state expenditures and revenues data included in the web-based system shall be the expenditure and revenue data included in the state's official book of record;
(b) The web-based system shall be accessible from the website maintained by the state, and each state agency with a website shall provide a link on the website home page to the system;
(c) The information on the web-based system shall be updated every five business days to include new expenditure and revenue data;
(d) The web-based system reports shall be available for download in a structured data format, such as extensible markup language;
(e) The web-based system shall include a method for users to provide feedback about the system;
(f) The web-based system shall include archived revenue and expenditure data for the ten prior state fiscal years; except that no data shall be required for any state fiscal year prior to July 1, 2009, and, for the 2009-10 state fiscal year only, no state revenue data shall be required to be archived;
(g) The web-based system shall not include the following information:
(I) Any information that is not a public record or that is exempt from disclosure pursuant to the "Colorado Open Records Act", part 2 of article 72 of this title, or pursuant to part 3 of article 72 of this title;
(II) Any information that is confidential pursuant to state or federal law;
(III) Any information contained in an unstructured data field; or
(IV) Any information that the chief financial officer of a state agency or the director or head of a state agency requests to not be disclosed because the potential injury to the public interest arising from the disclosure of such information on the web-based system outweighs the public interest in having such information publicly available on the web-based system. For purposes of this subparagraph (IV), the public interest arising from the disclosure of information shall include the protection of the privacy, safety, and security of individuals.
(h) For any information excluded from the web-based system pursuant to paragraph (g) of this subsection (1), the web-based system shall include:
(I) A description of the information excluded;
(II) The basis for exclusion; and
(III) The state agency that requested the exclusion;
(i) Regardless of the form of the data in the state's official book of record, the web-based system may provide access to aggregated information where:
(I) Access to each individual transaction is likely to hinder, rather than foster, the goal of accountability and transparency;
(II) An individual transaction includes information that is only partially excludable pursuant to paragraph (g) of this subsection (1); or
(III) An accounting code contained in the state's official book of record includes both includable and excludable transactions pursuant to paragraph (g) of this subsection (1);
(j) The web-based system shall include a link to the online database; and
(k) Repealed.
n individual transaction includes information that is only partially excludable pursuant to paragraph (g) of this subsection (1); or
(III) An accounting code contained in the state's official book of record includes both includable and excludable transactions pursuant to paragraph (g) of this subsection (1);
(j) The web-based system shall include a link to the online database; and
(k) Repealed.
(l) The web-based system must include, for any expenditure made to pay a vendor, the legal name of the vendor paid; except that the web-based system is not required to include the legal name of the vendor if the state agency has determined that the public interest is best served by excluding the legal name of the vendor or that including the legal name of the vendor is otherwise prohibited by law. When included in the web-based system, the legal name of the vendor must be included without redaction.
(2) (a) An individual may challenge the exclusion of information from the web-based system pursuant to paragraph (g) of subsection (1) of this section by sending written notice to the state agency that requested the exclusion. The notice shall set forth the basis for challenging the exclusion and shall cite this section.
(b) Within thirty calendar days of receiving a challenge to an exclusion pursuant to paragraph (a) of this subsection (2), the state agency receiving the challenge shall respond in writing to the challenger. In the response, the state agency may:
(I) Agree to withdraw the exclusion;
(II) Deny the challenge; or
(III) Agree to withdraw the exclusion, in part, and deny the challenge, in part.
(c) If, in response to the challenge, the state agency agrees to withdraw the exclusion, in whole or in part, then the state agency shall inform the state controller in writing within two working days of the date the response is sent to a challenger pursuant to paragraph (b) of this subsection (2), and the state controller shall make the appropriate information available on the web-based system promptly, which in no case shall be later than ten working days of receipt.
(d) If the state agency denies a challenge brought pursuant to paragraph (a) of this subsection (2), in whole or in part, or fails to respond to a challenge in writing within thirty calendar days, then a challenger may apply to the district court for the city and county of Denver for an order directing the state agency denying the challenge to show cause why the challenged exclusion is proper; except that an action may not be initiated pursuant to this paragraph (d) if a state agency has first initiated an action pursuant to paragraph (e) of this subsection (2) with respect to the same exclusion. Upon a finding that information was improperly excluded from the web-based system, the court shall order the state agency to withdraw the exclusion and the state controller to make the excluded information available on the web-based system. In order to prevail in an application brought under this paragraph (d), a challenger shall bear the burden of proving by a preponderance of the evidence that the office or agency improperly excluded information from the web-based system.
tem, the court shall order the state agency to withdraw the exclusion and the state controller to make the excluded information available on the web-based system. In order to prevail in an application brought under this paragraph (d), a challenger shall bear the burden of proving by a preponderance of the evidence that the office or agency improperly excluded information from the web-based system.
(e) If the state agency, acting in good faith and after receiving notice of a challenge pursuant to paragraph (a) of this subsection (2), is unable to determine whether exclusion of information on the web-based system is proper pursuant to paragraph (g) of subsection (1) of this section, the state agency may apply to the district court for an order permitting the state agency to exclude information from the web-based system or for the court to determine that the exclusion is prohibited. In an action brought pursuant to this paragraph (e), the burden of proof shall be upon the state agency asserting the exclusion to prove by a preponderance of the evidence that the information may be properly excluded from the web-based system. A challenger shall have notice of the action served upon him or her in the manner provided for service of process by the Colorado rules of civil procedure and shall have the right to appear and be heard.
(f) (I) Except as set forth in subparagraph (II) of this paragraph (f), if a court determines that a state agency improperly excluded information from the web-based system, the court shall award reasonable attorney fees and costs to a challenger who appears in the court proceeding.
(II) The attorney fees provision of subparagraph (I) of this paragraph (f) shall not apply in cases brought pursuant to paragraph (e) of this subsection (2) if the court finds that the state agency acted in good faith and, after exercising reasonable diligence and making reasonable inquiry, was unable to determine if exclusion from the web-based system was proper without a ruling by the court.
