M. Personnel records.

Closed.

Personnel files, except applications for employment, employment contracts, and performance ratings, are expressly exempted from inspection by Colo. Rev. Stat. § 24-72-204(3)(a)(II).

"Personnel files," as defined by Colo. Rev. Stat. § 24-72-202(4.5), means and includes home addresses, telephone numbers, financial information, and other information maintained because of the employer-employee relationship, including other documents specifically exempt from disclosure by law. Only information that is similar in nature to an employee's home address, telephone number and personal financial information is properly classified as "personnel file." Daniels v. City of Commerce City, 988 P.2d 648, 651 (Colo. App. 1999).

"Personnel files" as defined by Colo. Rev. Stat. § 24-72-202(4.5) does not include applications of past or current employees, employment agreements, any amount paid or benefit provided incident to termination of employment, performance ratings, final sabbatical reports required under Colo. Rev. Stat. § 23-5-123, or any compensation, including expense allowances and benefits, paid to employees by the state, its agencies, institutions, or political subdivisions. See Freedom Newspapers Inc. v. Tollefson, 961 P.2d 1150 (Colo. App. 1998).

This exemption applies only to documents actually present in an employee's personnel file. Denver Post v. University of Colorado, 739 P.2d 874, 878 (Colo. App. 1987). A public employer cannot restrict access to documents which are otherwise public records merely by placing them in an employee's personnel file. Denver Publishing Co. v. University of Colorado, 812 P.2d 682 (Colo. App. 1990).

Personnel records that are not present in an employee's file but which involve privacy rights may be withheld from inspection only upon a showing in court that disclosure would do substantial injury to the public interest by invading the employee's constitutional privacy rights. Denver Post v. University of Colorado, 739 P.2d 874 (Colo. App. 1987).