The Cherry Creek School District hired an outside law firm to investigate former Superintendent Chris Smith and former Human Resources Chief Brenda Smith, but officials are withholding records that would reveal how much taxpayers spent on the investigation.

Chris and Brenda Smith are married.

On May 15, The Denver Gazette requested under the Colorado Open Records Act the investigation into Brenda Smith — who was placed on paid administrative leave before being terminated earlier this month — as well as any “invoices, billing records, or payment records related to the investigation.”

Caitlin Holzfaster, the district’s records custodian, requested a seven-day extension on the day the records were due but did not identify the statutory basis for the extension.

Holzfaster provided a copy of the investigation Friday to The Denver Gazette.

The 35-page report concluded that Chris Smith and Brenda Smith 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 investigation also examined vendor contracts and allegations involving district vendors.

But Holzfaster denied the request for invoices and billing records, arguing that descriptions contained in the bills could reveal attorney-client privileged information, legal advice or litigation strategy.

Jeff Roberts, a CORA expert, called the denial problematic.

“It’s almost existential to accessing records in Colorado,” said Roberts, executive director of the Colorado Freedom of Information Coalition.

Formed in 1987, the coalition promotes freedom of the press and open access to government.

What Holzfaster did provide is a copy of the legal services retention agreement with Caplan & Earnest, a Boulder-based law firm.

The Caplan & Earnest letter discussed the scope of the investigation and the firm’s hourly rates, which ranged from $175 for a paralegal to $325 for a partner’s work.

“The District agrees that it is responsible for the payment of invoices under this Agreement and agrees to be billed directly for this work,” the Feb. 9, agreement stated.

In a separate request Friday morning, The Denver Gazette asked district officials to provide the total cost of the investigation.

Abbe Smith, a district spokesperson, declined to comment, saying the district hasn’t received the final bill.

Public agencies routinely approve contracts with a ceiling, a purchase order amount or a budget authority.

It’s unclear whether Cherry Creek has adopted such parameters. Smith said she did not know.

The threshold for board approval is $250,000.

A Denver Gazette review of board agendas from Jan. 12 through Feb. 24 found no item approving the Caplan & Earnest engagement.

Molly Lamar, a Cherry Creek parent concerned about transparency issues, said she was troubled by the district not disclosing the cost of the investigation.

“This is insanity,” Lamar said. “This isn’t the district’s money. This is taxpayer dollars.”

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.

It stems from a case involving a public health system and The Estes Valley Voice, which sought public records about payments made to a law firm.

Larimer County District Court Judge Gregory Lammons sided with Estes Park Health.

Roberts’ organization has asked the appellate court to overturn the decision.

The ruling, Roberts said, is contrary to CORA, which grants the right to inspect public records “or any portion thereof.”

“This undermines the entire open records law,” Roberts said.

The district’s denial comes as officials have been grappling with months of upheaval that has claimed the resignations and terminations multiple top officials.

In January, Chris Smith abruptly resigned during his annual review in the wake of allegations that he and his wife had created a toxic work environment.  That was followed by two administrators being placed on leave, Brenda Smith and Assistant Superintendent Tony Poole.

And then Board Director Terry Bates resigned last month — just four months into his term — amid allegations that he had made “racialized remarks.”