Judge: Memorial contracts public

Memorial Health System officials improperly tried to keep secret business records they should have released as public documents, a judge ruled Friday.

Fourth Judicial District Judge David Prince ruled that copies of contracts showing how much city-owned Memorial Hospital pays two of its doctors and a contract with Pikes Peak Cardiology, which leases space at Memorial’s recently expanded Boulder Street campus, are public documents. Prince also ruled hospital officials were wrong to deny The Gazette access to those documents and ordered it to pay The Gazette’s attorney’s fees.

“This is an important ruling for the public,” said Steven Zansberg, The Gazette’s attorney. “The (Colorado) Legislature has declared records show how government entities do public business and they’re open to any member of the public to inspect.

“These are not Memorial Hospital’s records. They’re the public’s records.”

The Gazette sued Memorial in January after hospital officials refused to provide copies of contracts between Dr. Bryan Mahan and Dr. Burt Fowler and Memorial. Hospital officials also denied access to copies of lease contracts with Pikes Peak Cardiology.

“We’re disappointed by the decision,” said Rita Burns, Memorial’s vice president of communications and marketing. “We believe this ruling will compromise our ability to recruit and retain physicians and enter into lease agreements in a competitive environment.”

Memorial’s attorneys argued to Prince that since it receives no taxpayer money, it should not have to allow public access to documents such as contracts.

Prince disagreed.

“That doesn’t relate to the documents at issue,” Prince said. “Memorial Health System is wholly owned by the city of Colorado Springs, as are its funds and assets. . . . The leases are for real property owned by Colorado Springs. By city charter, the city is liable on those contracts and taxpayer monies are at risk.”

The documents at issue are subject to the Colorado Open Records Act, Prince ruled. He was not convinced that releasing the documents would harm the hospital’s ability to provide services.

Burns could not say if hospital officials will appeal Prince’s ruling or when the documents will be made available.