Election Records

To Whom It May Concern:

Pursuant to the Colorado Open Records Act, we hereby request the following records:

Copies of any and all public election and communications records for Colorado Special District "Prairie View Ranch Water District, LLC" Colorado DOLA ID# 65978 ("the District") ( https://dola.colorado.gov/dlg_portal/filings.jsf?id=65978 ) that are subject to Colorado Open Records Act (CORA). These documents and records shall be collectively referred to as "Materials". The subject matter of the Materials shall include but not be limited to emails, text messages, documents that must be submitted to government entities such as DOLA and Office of the State Auditor, self-nomination and acceptance forms, oaths of office, bonds, liability insurance, DEO, designated election official, Colorado Public Deposit Act, voter registration and Eligible Elector statuses of all the District board members, deputies and designees. Voter registration status shall include these matching details from CO Secretary Of State database : Full name, Colorado voter registration status, date of registration, and the County in which registered.

This request shall also include any and all Materials in custody of the business entity "Prairie View Ranch Water District LLC" having CO Secretary Of State business entity ID# 20041352078.

This request shall also include any and all Materials in custody of the entity(ies) "G&P Enterprises" referred to in the document "RULES and REGULATIONS FOR WATER SERVICE" with heading "Prairie View Ranch Water District LLC 2015-2016".

The Produced materials shall be Transmitted in electronic format whenever possible. If Materials which have been deleted can be un-deleted or otherwise recovered or restored, such as from an internet backup, court order, or subpoena, the Materials shall also be IN-scope of this request.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

As of the date of this request, the District does not have a written and published CORA Policy on file viewable to the Public in order to notify the Public in advance of the fees, therefore the District cannot charge fees for production or transmission of the requested Materials.
In the unlikely case that there is a valid CORA Policy published and viewable to the Public prior to this request, we would be grateful if you would provide a total cost for the records retrieval. We would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. We look forward to receiving your response to this request within 3 working days.

Sincerely,

Parties concerned with CO Public Water System ID# CO0144621

To Whom It May Concern:

Due to the complexity of Public Records requests, the two (2) attached PDF documents which may assist the District's records custodian in determining which records are covered by CORA and for how long. Some District records must be kept permanently, while others only for 6 months. The Manuals attached will clarify which types of Public Record the District must provide in order to satisfy this request. This request is for any and all Election records that the District has on file.

Sincerely,
Parties concerned with CO Public Water System ID# CO0144621

Dear Records Custodian,
As per CORA, your 3-day time limit for producing the Elections records requested is past-due. We kindly ask that your Local Government Agency expedite the transmission of all public Election records your Agency has on file.
We further ask that you expedite the following information:

The Colorado Voter Registration status of all current Board members.
Notarized copies of each Director's current "Oath Of Office" that must be filed with .
Copies of each Director's current "Fidelity Bond" (elected public servants' liability insurance).

We have been attempting to retrieve your Agency's current Oaths and Bonds from the Morgan County Clerk, and from the CO Department of Local Government, but the only Oaths we can find in the Public Record are from the year 2006, which are long expired.
According to CO election law, all persons who take Public Office must file an Oath and a Bond with the Clerk and with the Colorado DLG within 30 days of taking office. Oaths and Bonds are a mandatory part of public service.

We look forward to receiving proof of current Oaths and Bonds for all five of the current Directors of your Agency as soon as humanly possible.
Thank you.

To Whom It May Concern:

The Records Custodian for Special District "Prairie View Ranch Water District, LLC" DOLA ID# 65978 has referred a CORA request to your email address.
Our original CORA request was made on July 7, then several follow-up messages were sent, and the request was eventually acknowledged on July 19. Our July 19 follow-up message was a request for a subset of the original records being requested.

The subset request is for:
The Colorado Voter Registration status of all current Board members.
Notarized copies of each Director's current Oath Of Office.
Copies of each Director's current Bond.

The response from the Agency was "please send inquires to Jchmil@lyonsgaddis.com"

The original CORA request text was:

To Whom It May Concern:

Pursuant to the Colorado Open Records Act, we hereby request the following records:

Copies of any and all public election and communications records for Colorado Special District "Prairie View Ranch Water District, LLC" Colorado DOLA ID# 65978 ("the District") ( https://dola.colorado.gov/dlg_portal/filings.jsf?id=65978 ) that are subject to Colorado Open Records Act (CORA). These documents and records shall be collectively referred to as "Materials". The subject matter of the Materials shall include but not be limited to emails, text messages, documents that must be submitted to government entities such as DOLA and Office of the State Auditor, self-nomination and acceptance forms, oaths of office, bonds, liability insurance, DEO, designated election official, Colorado Public Deposit Act, voter registration and Eligible Elector statuses of all the District board members, deputies and designees. Voter registration status shall include these matching details from CO Secretary Of State database : Full name, Colorado voter registration status, date of registration, and the County in which registered.

This request shall also include any and all Materials in custody of the business entity "Prairie View Ranch Water District LLC" having CO Secretary Of State business entity ID# 20041352078.

This request shall also include any and all Materials in custody of the entity(ies) "G&P Enterprises" referred to in the document "RULES and REGULATIONS FOR WATER SERVICE" with heading "Prairie View Ranch Water District LLC 2015-2016".

The Produced materials shall be Transmitted in electronic format whenever possible. If Materials which have been deleted can be un-deleted or otherwise recovered or restored, such as from an internet backup, court order, or subpoena, the Materials shall also be IN-scope of this request.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

As of the date of this request, the District does not have a written and published CORA Policy on file viewable to the Public in order to notify the Public in advance of the fees, therefore the District cannot charge fees for production or transmission of the requested Materials.
In the unlikely case that there is a valid CORA Policy published and viewable to the Public prior to this request, we would be grateful if you would provide a total cost for the records retrieval. We would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. We look forward to receiving your response to this request within 3 working days.

Sincerely,

Parties concerned with CO Public Water System ID# CO0144621

Dear Records Custodian,
Through a CORA request to the Division of Local Government, we were able to obtain the following records:

A 2020 Oath of Office for Daniel Harrison. However the CO Secretary of State, Morgan County Clerk, and Department of Local Govt. do not have responsive records for voter registration status, or bond/fidelity/crime insurance records.

A 2020 "Certification of Ballot" signed by Doryea L. Gibbs. However a copy of the certified Ballot was not included in the data submitted to CO Department of Local Affairs.
A 2020 price quote for General Liability and Errors & Omissions insurance. However, there are no records Oath or bond/fidelity/crime insurance beyond the year 2006.

We kindly ask that your Agency provide proof of all Directors' status as an "Eligible Elector" of the political subdivision of which they hold Public Office.

Thank you.

Dear Records Custodian,
The alternate email contact that you provided has not acknowledged receipt of our inquiry after 3 working days.

The Local Government agency "Prairie View Ranch Water District, LLC" is not exempt from the Colorado Open Records Act.
https://leg.colorado.gov/sites/default/files/colorado-open-records-act-cora.pdf
"If a court determines that a custodian of a public record has improperly denied the right of inspection of a public record under CORA, the court must award court costs and reasonable attorney fees to the prevailing party. If a person willfully and knowingly violates CORA, the person commits a misdemeanor punishable by a fine of not more than $100, imprisonment in county jail for not more than 90 days, or both."

We ask that you please provide the requested records as soon as possible.
Thank you.

We are in receipt of your acknowledgement of this request. Thank you for your assistance.

While we understand the request is extensive. We would like to expedite the following information at your earliest convenience:

Voter Registration status of all current Directors.
Copies of notarized Oaths of Office for all current Directors.
Insurance/Bond information for all current Directors.

This information should be readily available with very little retrieval effort, the Oath and insurance records are meant to be on file with Morgan Clerk and Department of Local Govt (DOLA). . The information was partially uploaded to DOLA's online records portal by the District, but the Agent did not upload a complete set of Oaths/Bonds and never clicked the "Submit" button on the website to complete the official process. DOLA's Records Custodian was able to recover the partial upload, but the information sent by the Water District is not satisfactory or complete.

Thank you for your continued assistance with this important matter.

Good morning,
Pursuant to C.R.S. Section 24-72-203(3)(a), we kindly ask that the Records Custodian provide a date & hour upon which the requested information and documents will become available.

The most crucial portion of this request is for the following information:
Voter Registration status of all current Directors.
Copies of notarized Oaths of Office for all current Directors.
Proof of Insurance/Bonds for all current Directors.

Thank you.

Thank you.

Good morning,
Pursuant to C.R.S. Section 24-72-203(3)(a), we once more ask that the Records Custodian provide a date & hour upon which the requested Materials will be made available to the Public.

Thank you.

To whom it may concern,

On August 5, we requested a date/time for the Materials to be made available. The reply from your Agency's legal counsel was:

"I no longer represent the Prairie View Ranch Water District."

The Agency acknowledged the CORA requests on July 6. Colorado law requires records be produced no later than 10 working days after a valid request is submitted.
Pursuant to C.R.S. Section 24-72-203(3)(a), we once more ask that the Records Custodian provide a date & hour upon which the requested Materials will be made available to the Public.

Thank you.

Dear Records Custodian,

We would like to reduce our Elections request to a single record, a copy of the following Directors' proof of crime insurance, Fidelity bond, or similar liability coverage.
Doryea Gibbs - CO registered voter = YES. Liability insurance = ???
Daniel Harrison - CO registered voter = NO. Liability insurance = ???
John Pearson - CO registered voter = NO. Liability insurance = ???
JoAnn Pearson - CO registered voter = NO. Liability insurance = ???

Colorado law requires records be produced no later than 10 working days after a valid request is submitted. Pursuant to C.R.S. Section 24-72-203(3)(a), we ask one final time that the Records Custodian provide a date & hour upon which the requested Materials will be made available to the Public.

Thank you.

Thank you for the records response. We are able to view, but only temporary, due to the Google password-protected PDF files.

We ask that you please re-attach these files as standard email attachments so that the records do not 'expire' and do not require special temporary passwords to retrieve.

Good morning,
We appreciate the Elections Materials. However, we are unable to download, print, or copy the Materials because they were transmitted in a proprietary password-protected format. The password has expired and we are no longer able to access the Materials.

The Materials are public property and must not be concealed or destroyed. We ask that you please re-send the PDF files as standard email attachments.

Thank you.

Good morning,
We appreciate the Elections Materials. However, we are unable to download, print, or copy the Materials because they were transmitted in a proprietary password-protected format. The password has expired and we are no longer able to access the Materials.

The Materials are public property and must not be concealed or destroyed. We ask that you please re-send the PDF files as standard email attachments at your earliest convenience.

Thank you.

Thank you for the Elections records in standard PDF format. They were attached by Mr. Morehead, but to the "Electronic Communications" records request, but we notified him of the situation and have re-attached the PDF files to this request.

We appreciate your time and effort to retrieve the documents. We look forward to the other three outstanding requests being completed soon as well.
This request has been completed successfully.

We acknowledge that you have produced satisfactory Elections records. But there are still other "sets" of documents being requested. For example, all District financial transactions and bank balances are public knowledge, but as of today, the Public is not currently aware of which account/depository most of the District's financial transactions are taking place. The District continues to operate, yet there are no financial record to explain the day-to-day operations of the District. A public water system cannot operate on $2100, especially when paying an outside contractor for Certified Operator services.

This CORA request (for elections records) is closed. The Financial Records CORA request is still open and overdue.