Signed Policy, Compelling Interest Permits Colorado County Employee’s Sexually Explicit Email's Disclosure
Baker was accused of various misconduct by a former chief deputy clerk and recorder in 2002. A private investigator's report included the emails. The Arapahoe County Board of Commissioners, after receiving media requests for the report, requested judicial production determination. The report's disclosure was ordered in it's entirety which spurred the appeal by Baker and Sale.
The Division Five Court of Appeals of Colorado held that signed county policy by Baker and Sale precluded privacy entitlement, but agreed that they had no warning that any person could acquire a copy. Remand was ordered to determine further production due to the State's compelling interest and in consideration of a limited privacy expectation. See: In re Board of County Commissioners. 95 P.3d 593 (Colo. App. 2003).
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Related legal case
In re Board of County Commissioners
|Cite||95 P.3d 593 (Colo. App. 2003)|
|Level||State Court of Appeals|