A judge will decide whether disciplinary records about the former police chief of Elizabeth are “personnel files” exempt from disclosure under the Colorado Open Records Act.

Lawyers for the town and 9NEWS investigative producer Aaron Adelson filed competing civil actions in Elbert County District Court last fall after Adelson tried to obtain a memorandum and related documents concerning the December 2022 resignation of Melvin Berghahn as chief.

The town clerk denied Adelson’s request for the records but then asserted in court that she is “unable, in good faith, after exercising reasonable diligence, and after reasonable inquiry” to determine whether CORA indeed prohibits disclosure of the records. Adelson, represented by attorney Rachael Johnson of the Reporters Committee for Freedom of the Press, filed a separate complaint, alleging that the clerk wrongly withheld the records and “improperly” filed a petition for a judicial clarification.