Colorado State University refuses to release the performance evaluations of former president Larry Penley, who resigned suddenly in November.

The Rocky Mountain News has made three requests for the evaluations, conducted by the CSU Board of Governors, in an effort to understand Penley's departure.

The school, through legal counsel Amy Parsons, has refused to release the documents, claiming that personnel files are an exception to the Colorado open records law.

In fact, the open records law says that parts of personnel files are not public but that performance ratings are public.

CSU's refusal came in several exchanges of letters between CSU and the Rocky in November and earlier this month.

Penley resigned Nov. 5.

In a settlement with the school, he received $389,000 - 11 months of salary, plus a month of unused vacation. He continues to receive his $3,333- a-month housing allowance through February.

Exactly why Penley left - and why he received the settlement - remains unexplained. The settlement limits comment by the parties involved.

Doug Jones, the chairman of the CSU governing board, has said the decision to leave was Penley's.

Jones said shortly after Penley's departure that it was "better for everybody" to let him go with $389,000.

Penley has not returned phone calls.

Tom Kelley, the attorney for the Colorado Press Association, said performance evaluations, which might explain Penley's decision to leave, are clearly public under the state's open records law.

Kelley cited a 1999 state appeals court decision backing a woman who requested documents about sexual harassment by a city of Commerce City employee.

The city claimed the documents were part of the employee's personnel file and therefore were not public.

The appeals court ruled that the only part of the file to be kept secret were the employee's personal data, such as home address, telephone numbers or financial information.

The appeals court did not refer to performance evaluations, which were not at issue in the Commerce City dispute.

The issue of performance ratings has never gone before the Colorado Supreme Court, Kelley said.