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Cherry Creek investigation tops $46,000 as district withholds invoices

After refusing to release the cost of the investigation into the former Cherry Creek School District superintendent and his wife, the district’s former human resources chief, officials said they have spent more than $45,000.

As of June 1, Kaplan and Earnest had invoiced the district $46,031.85 for the investigation, records show.

The district hired the law firm to investigate district contracts and the travel records of former Superintendent Chris Smith and his wife, Brenda Smith.

The investigation was capped at $250,000.

Abbe Smith, a district spokesperson, has said that the district does not expect the cost to be “anywhere near” the threshold.

Caitlin Holzfaster, the district’s records custodian, denied a May 15 Colorado Open Records Act (CORA) request by The Denver Gazette for the investigation’s invoices and billing records, arguing that descriptions could reveal attorney-client privileged information, legal advice or litigation strategy.

District officials did not disclose what had been spent at the time.

Holzfaster still has not released the invoices.

But Smith, the district spokesperson, said in an email Friday that The Denver Gazette could “CORA request any additional invoices that came in since your last request.”

Jeff Roberts, a CORA expert, has called the denial “existential to accessing records in Colorado,” noting that invoices for public spending are generally considered public records and that any privileged information can typically be redacted.

Roberts is the executive director of the Colorado Freedom of Information Coalition, which promotes freedom of the press and open access to government.

Whether a custodian may withhold an entire document because a portion of a public record contains confidential information is before the Colorado Court of Appeals.

Roberts’ organization has asked the appellate court to overturn a lower-court decision finding that CORA “does not contain a duty to redact.”

The 35-page Kaplan and Earnest report concluded that the Smiths likely violated district policies by charging the district for travel that was not entirely related to district business and by encouraging subordinates to do the same.

The district’s CORA denial comes as officials grapple with months of upheaval that has claimed the resignations and terminations several top officials.

These include the Smiths (Chris Smith resigned and Brenda Smith was terminated); Assistant Superintendent Tony Poole, who retired after being placed on leave; and former board Director Terry Bates, who resigned amid allegations he had made “racialized remarks.”

To address concerns arising from the former administration, the district has implemented a number of reforms to strengthen oversight, including tighter procurement and spending rules, mandatory legal review of contracts, new travel guidelines and a temporary freeze on certain travel and contracts.

The board appointed Jennifer Perry as interim superintendent while they conduct a national search.

Cherry Creek is the fourth-largest school district in Colorado with nearly 52,000 students who consistently rank among the best in the state, state data shows.



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