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2015 Op. Colo. Att'y Gen. 1 (2015)

handle is hein.sag/sagco2015 and id is 1 raw text is: JOHN W. SUTHERS Attorney General CYNTHIA H. COFFMAN Chief Deputy Attorney General DANIEL D. DOMENICO Solicitor General STATE OF COLORADO DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL RALPH L. CARR COLORADO JUDICIAL CENTER 1300 Broadway, 10th Floor Denver, Colorado 80203 Phone (720) 508-6000 FORMAL ) OPINION ) ) No. 15-01 OF ) ) January 8, 2015 JOHN W. SUTHERS ) Attorney General ) This opinion, requested by the Independent Ethics Commission (the IEC), concerns whether the IEC may release to the Colorado Office of the State Auditor (OSA) complaints the IEC has deemed frivolous, which the IEC must maintain as confidential under the Colorado Constitution. QUESTION PRESENTED AND SHORT ANSWER Question: May the IEC release to the OSA, in connection with the OSA's performance-audit duties, complaints the IEC has deemed frivolous while maintaining the confidentiality of those complaints under Article XXIX, section 3(b) of the Colorado Constitution? Answer: Yes, in connection with the OSA's performance-audit duties, the may release frivolous complaints to the OSA without violating confidentiality requirement of Article XXIX, section 5(3)(b). IEC the The OSA is evaluating whether to initiate a performance audit of the IEC. As part of its evaluation, the OSA has asked whether the IEC may disclose complaints that the IEC has found frivolous. Under the Colorado Constitution, these complaints must be maintained as confidential by the IEC. The IEC has requested this formal opinion to clarify its ability to disclose frivolous complaints in connection with the OSA's performance-audit duties.

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