Colorado Sunshine Law for open meetings

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Contents 1 Relevant legal cases 2 Proposed open meetings legislation 2.1 2010 3 Which government meetings are open to the public? 4 What government bodies are subject to the laws? 4.1 Legislature 5 Notice requirements 6 Meeting process 7 Executive sessions 8 If violated 9 See Also 10 External links 11 References

The Colorado Sunshine Law for open meetings legislates the methods by which public meetings are conducted. The Colorado sunshine law, first passed in 1973, was finally modified to include the current open meetings laws in 1996. Statute 24-6-402 of the Colorado code define the law.

Relevant legal cases

See also: Court cases with an impact on state FOIA

Here is a list of open meetings lawsuits in Colorado. For more information go the the page or go to Colorado sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)

Proposed open meetings legislation

2010

See also Proposed transparency legislation, Open meetings legislation

Here is a list of open meetings legislation for the Colorado in 2010:

Rating	Bill	Current Status	Progress	Information
b	House Bill 1098	Current Status:p(Effective date 8/11/2010)	k	House Bill 1098 is a bill introduced to the Colorado House of Representatives by Rep. Claire Levy and Sen. Mary Hodge which would expand the open meetings requirements for cooperative electric associations. The bill would require time during open meetings for public comment as well as the recording and posting of meeting minutes on the association's board's website. The act would also require meeting agendas to be posted on the organizations website 10-days prior to regular meetings.[1]
b	House Bill 1260	Current Status:p(Effective 6/10/2010)	k	House Bill 1260 is a bill introduced to the Colorado House of Representatives by Rep. James Riesberg and Rep. Betty Boyd which would create a medical licensing panel to conduct hearings on unlicensed medical practices. The hearings and the documents collected would fall under the Colorado Open Records Act and the Colorado Sunshine Law and would be subject to public scrutiny. The act also protects any medical records submitted for these hearings and for any other hearing or license application.[2]
a	House Bill 1284	Current Status:p(Effective 6/7/2010)	k	House Bill 1284, also known as the Colorado Medical Marijuana Code was introduced to the Arizona House of Representatives by Rep. Thomas Massey and Sen. Chris Romer in 2010. The law contains in it a provision which exempts the applications for and location of any "optional premises cultivation operation" which are additional marijuana fields granted to license holders. The law does stipulate that the information can be released to law enforcement officers. The bill also insures that information concerning the financial or sale records of medical marijuana distributors are exempt under current exemptions for trade secrets. The act also requires appeals of license denial and complaints concerning licensees to be heard at public hearings. In addition, hearings for applications of medical marijuana licenses require a public hearing with at least ten days notice being given prior to the hearing. Notice must take the form of both a sign on the site of the facility applying for a license and an add in the local newspaper. [3]
b	House Bill 1293	Current Status:p(Signed 6/7/2010)	k	House Bill 1293 is a bill introduced into the Colorado House of Representatives by Rep. Thomas Massey and Sen. Bruce Whitehead which would create the Land Assessment and Classification Task Force, whose meetings would be open to the public.[4]
b	House Bill 1328	Current Status:p(Effective 6/11/2010)	k	House Bill 1328 is a bill introduced to the Colorado House of Representatives by Rep. Joe Miklosi and Sen. Gail Schwartz which would create the Colorado New Energy Improvement District and would subject it to the Colorado Open Records Act and the Colorado Sunshine Law.[5]
b	Senate Resolution 1	Current Status:f(5/11/2010, 22-Yes, 12-No, 1 Excused, required 2/3 vote)		Senate Concurrent Resolution 1 is a resolution proposed to the Colorado State Senate by Sen. Rollie Heath and Rep. Mark Ferrandino which would create the Constitutional Review Commission, which would be required to hold open meetings.[6]

Which government meetings are open to the public?

The law states that all meetings of two or more members of any state public body where any public business is discussed must be open to the public. This definition includes in person, telephone, or electronic communications. The law states that a gathering of a quorum or three or more individuals of a local body constitutes a meeting. The law also explicitly states that emailed messages discussing pending actions constitutes meetings and are subject to the law. ^[7]

Notable exemptions to this definition include:

• The act excludes private meetings where the discussion of public business is not the central topic

What government bodies are subject to the laws?

The act defines government body as all branches of state and local government including all boards, commissions, etc.. It also includes non-profit and private corporations who receive state funding and any bodies who have been granted decision-making authority.^[7]

Notable exemptions to the definition of public body include:

• administrative staff for the state

Legislature

Ambiguous

The Colorado Sunshine Law for open meetings is ambiguous as to whether or not the law applies to the legislature. While the broad definition of public body found in the law explicitly includes the general assembly at Colorado statute 24-6-402(d) the constitution permits the legislature to meet in secret when the legislature feels it is appropriate. ^[8]

Notice requirements

Meeting notice must be posted in a designated public place within the boundaries of the local public body no less than twenty-four hours prior to the holding of the meeting. The designated place for posting notice is identified each year at the first regular meeting of each calendar year. Agenda information should be included when possible.^[7]

Meeting process

Minutes of all public meetings must be taken and open to public inspection. Executive session minutes must reflect the discussion topics of the executive session. Executive sessions, except for sessions involving materially that would fall under the attorney-client privilege, must be recorded using audio or video recording methods. Records of executive sessions can be requested for an in camera review if there is probable cause that the executive session discussed topics that were not privilege to closed meetings. Records of executive sessions must be maintained for 90 days. ^[7]

Executive sessions

Common Executive Session Exemptions
Personal Privacy(Including Employees)
Attoreny-Client Priviledge/Litigation	p
Security/Police Information	p
Purchase or Sale of Property	p
Union Negotiations	p
Licensing Exams/Decisions
Exempt under other laws	p

The act allows for executive sessions to be called by a 2/3 vote within an open meeting to consider the following topics:

• the purchase of sale or property
• anything subject to the attorney-client privilege exemption
• matters that are subject to state or federal statutes requiring concealment
• labor negotiations
• Discussions of employee dismissal, discipline, promotion, demotion, or compensation are open unless the employee specifically requests an executive session and is still subject to a vote by the board in question
• security details
• Discussions of any records exempted under the Colorado Open Records Act

The following exemptions only apply to state level public bodies:

• University or hospital meetings that would jeopardize competition with other agencies
• non-profit trade secrets discussions
• University decisions to award honorary degrees and other awards

• This exemption does not apply to elected or appointed officials

• Parole board discussions^[7]

If violated

State courts have jurisdiction to enforce the Colorado Sunshine Law for open meetings. In cases where the court finds a violation occurred, the court can award the plaintiff costs and reasonable attorney fees. If the court does not find a violation occurred, it can award costs and reasonable attorney fees to the prevailing party if the court finds that the action was frivolous, vexatious, or groundless. The state determined that the court may also invalidate decisions at illegal meetings, stating "No resolution, rule, regulation, ordinance, or formal action of a state or local public body shall be valid unless taken or made at a meeting that meets the requirements" ^[7].

See Also

• Colorado Open Records Act

External links

References

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