Supreme Court of Colorado

Civil Service Commission, the City and County of Denver, Petitioner v. John E. Pinder, Respondent

June 10, 199115 Brief Times Rptr. 796

Summary

The court held that the statutory right of a person in interest to inspect a promotional examination does not prevent a district court from restricting access when disclosure would cause substantial injury to the public interest. Because the Commission presented undisputed evidence that releasing the examination would impair its required reuse and undermine the fairness and effectiveness of the promotional process, it was entitled to summary judgment. The court reversed the court of appeals and remanded for further proceedings.

Holding

  • Interaction between the person-in-interest inspection right and the substantial-injury restriction. A court may restrict access to a promotional examination under the substantial-injury provision even when the examination would otherwise be available for inspection by a person in interest. The inspection right does not categorically supersede the court's authority to prevent disclosure that would substantially injure the public interest.
  • Summary judgment on substantial injury to the public interest. The Commission was entitled to summary judgment because its affidavits established the material facts supporting substantial injury from disclosure, and Pinder offered no factual evidence creating a genuine issue for trial.

Docket 90SC226

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