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Colorado Senate Bill Would Bar Nondisclosure Agreements for State and Local Government Employees

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  • Colorado Freedom of Information Coalition

    The Colorado Freedom of Information Coalition is a nonpartisan alliance of groups, news organizations and individuals dedicated to ensuring the transparency of state and local governments in Colorado by promoting freedom of the press, open courts and open access to government records and meetings.

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A state lawmaker is trying again to bar the use of nondisclosure agreements to silence public employees in Colorado, this time applying the prohibition to local governments as well as the state.

“Nondisclosure agreements imposed on government employees or prospective employees that effectively prohibit government employees from disclosing details about their government service obstruct … fundamental principles of government transparency and public accountability,” says Senate Bill 23-053, introduced by Republican Sen. Barbara Kirkmeyer of Brighton.

“The details of public business should not be hidden from public view by means of nondisclosure agreements imposed on government employees as a condition of their employment or in connection with their leaving government service.”

The bill comes two months after The Denver Gazette’s David Migoya reported that Colorado is increasingly requiring employees to sign nondisclosure clauses in financial settlements they make with the state. Migoya found more than 80 settlement agreements with state employees totaling more than $4 million, “each with a non-disclosure clause preventing them from discussing it with anyone.”