Cherry Creek’s transparency pledge is facing questions as the district charges more than $1,200 to release travel records sought after issues involving former Superintendent Chris Smith led the board to impose a temporary ban on most travel.

In the wake of a shakeup that included placing two top officials on administrative following Smith’s abrupt resignation, the board of education also has implemented a string of corrective actions. These include an independent audit, imposing stricter contract approval rules and placing a freeze on certain travel.

Officials have remained tight-lipped about what prompted the interventions.

In February, The Denver Gazette requested travel expense records for the district’s top administrators through Colorado’s Open Records Act (CORA).

The district invoked a two-week extension citing a backlog of requests and an office move before issuing an invoice for $1,241, saying staff spent about 30 hours gathering the records.

State law allows agencies three working days to respond, with one seven-day extension under certain circumstances. Extenuating circumstances include records located off site, the request was voluminous or requires legal consultation.

Phone calls to board members went unreturned. Board President Anne Egan referred questions to the district, which issued a statement on the board’s behalf.

“The Board continues to investigate decisions and actions by Chris and Brenda Smith as it relates to travel and contracts,” the statement said. “Based on review thus far, travel by other district leadership and administrators does not appear to be problematic.”

Denver Gazette Editor Luige Del Puerto requested a fee waiver “given the heightened public interest in district transparency.”

The district declined to do so.

Caitlin Holzfaster, Cherry Creek’s CORA officer, explained that since the district’s leadership upheaval, they have received a large number of requests requiring staff to take time “away from their normal duties.”

“Further, if we waive the fee for one entity, then all other media outlets and all other requesters will seek an in-kind waiver, which is not feasible,” Holzfaster said in an email.

“Given this decision, please tender the amount of $1,241.10 to the district to receive the requested records.”

A media attorney notes that the statutory fee does not have to be levied.

“What public agencies routinely fail to recognize is that they are authorized, but are not obligated, to charge for researching and retrieving the public’s records,” Steve Zansberg, a First Amendment attorney who represents The Denver Gazette and several other media organizations, said in an email.

All statutory fees can be waived, Zansberg said, particularly the media for public purposes “in clear recognition of the press’ vital role in informing the public of the conduct of their public servants. 

“At a time when news outlets are facing existential financial pressures — and communities across the state are become ‘news deserts’ without any local newspaper — it is irresponsible for a public school district to impose such exorbitant fees on any member of the press,” Zansberg said.

Since Smith’s resignation, the public has been raising questions, clamoring for greater transparency and urging real change, not “a superficial reorganization.”

In the weeks following, the district has placed his wife, Chief Human Resource Officer Brenda Smith, and Assistant Superintendent Tony Poole on administrative leave.

The Smiths have been accused of creating a toxic work environment that left employees with no recourse.

Poole and his wife, Rebecca López, the director of Neurodiverse Student Services, were embroiled in federal civil rights investigations four years ago tied sex- and race-based discrimination allegations as well as discipline and harassment complaints.

Directors have asked for patience as they try to rebuild trust.

“I understand the frustration,” Director Mike Hamrick has said. “We are listening. We are taking action.”

Hamrick declined to comment.

“Our community expects transparency and strong stewardship of public resources, and we are taking clear, decisive steps to deliver both,” Board President Anne Egan has said.

“We are strengthening oversight, reinforcing our financial safeguards and ensuring thoughtful leadership in service to students.”

Releasing public information is better for democracy — said Anna Perkins, a doctoral candidate in the School of Education at the University of Colorado Boulder.

“I have no idea why they would want to keep this quiet,” Perkins said.

Perkins added: “I would imagine that individual board members need this information.”

A former high school teacher, Perkins has sat behind the dais, having served as a school board member in Montana. Charging for public records, Perkins said, is almost always employed as a deterrent.

Referring board oversight questions back to the district, Perkins said, is “definitely a bad look.”

Molly Lamar, a Cherry Creek parent, agreed.

“I think that they need to stop the lip service and actually deliver on the promises they keep making,” Lamar said.

Lamar added: “I think transparency is the only way that this is going to bring back trust.”