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Colorado Sunshine Laws
LEGISLATIVE POLICY: It is declared to be a
matter of statewide concern and the policy of this state that
the formation of public policy is public business and may not
be conducted in secret.
WHO IS COVERED? All boards, committees,
commissions, authorities or other advisory, policy-making,
rule-making or other formally constituted bodies and any public
or private entity which has been delegated a governmental
decision-making function by a body or official are included
under the law. Administrative meetings (staff, faculty) are not
open.
TWO-TIERED LAW: The Sunshine Law treats
state government and local government differently in some
areas. The statutes use the following definitions:
State Public Body includes General
Assembly, governing boards of institutions of higher education
including the CU Regents, state agencies, boards, commissions,
etc.
Local Public Body includes all political
subdivisions of the state, such as counties, cities, home rule
cities, school districts, special districts, metropolitan
districts, and RTD.
WHAT IS A MEETING? Any kind of gathering
convened to discuss public business, in person, by telephone,
electronically or other means of communication.
State Public Body: All meetings of two or
more members at which public business is to be discussed or at
which formal action may be taken are open.
Local Public Body: All meetings of a
quorum or three or more members, whichever is fewer, at which
public business is discussed or formal action might be taken
are open.
SOCIAL GATHERINGS and chance meetings are
exempt from open meetings regulations if discussion of public
business is not the central purpose.
E-MAIL exchanged between elected officials
on subjects other than public business is not a
"meeting."
PUBLIC NOTICE is to be given prior to all
meetings where the adoption of any proposed policy, position,
resolution, rule, regulation or formal action occurs or at
which a majority or quorum is expected to be in
attendance. Notice must be "full and
timely." No publication is required.
Local Public Bodies may comply with
"full and timely" by posting a notice in a formally
designated public place at least 24 hours before a meeting.
Posted
notices must include a specific agenda if
at all possible.
State and Local Public Bodies must also
maintain a list of persons who request to be notified of
meetings or discussions on specific topics and provide
reasonable advance notice.A request covers a two-year
period.
County Notice Exemption: Commissioners do
not have to give 24-hour notice or personal notification if two
or more meet to discuss "day-to-day oversight of property
or supervision of employees." Hiring or firing, building a
new courthouse or buying major equipment are not
"oversight."
MINUTES are to be taken of all meetings
and "promptly recorded" but minutes of an executive
session must include only the topic of discussion.
Minutes (including tape recordings) are
open.
Local Public Bodies must keep minutes of
meetings where formal action does or could occur. Workshops or
committee meetings do not necessarily
require minutes.
EXECUTIVE SESSIONS: An executive session
is permitted only during a regular or special meeting and must
follow this formula – Topic for executive
session, with as much specificity as can
be provided without compromising the reason for the executive
session, must be announced to the public. Also cite the legal
basis for the executive session. A vote to go into executive
session must then be taken.
State Public Body can go into an executive
session only after two-thirds of the entire body vote in favor.
Local Public Body can go into executive
session only after two-thirds of the quorum present vote in
favor.
EXECUTIVE SESSIONS ARE LIMITED TO:
• Matters which state or federal law
require be kept confidential, including confidential records.
Local public body must give specific citation of the
statute or rules which apply.
• Security arrangements.
• Property matters:
State Public Body: To discuss purchase of
property or sale at competitive bidding if premature disclosure
would give an unfair competitive or bargaining
advantage. A donor of property to a
university or college may request that the gift be discussed in
executive session.
Local Public Body: To purchase, acquire,
lease, transfer or sell any real, personal or other property
interest. A closed door session cannot be held to
conceal the fact that a member has a
personal interest in the transaction.
• Attorney conference:
State Public Body: To receive legal advice
from an attorney on pending or imminent court actions. College
and university boards can also meet with an attorney to discuss
specific legal questions.
Local Public Body: To receive legal advice
from an attorney on specific legal questions. An attorney being
present does not by itself justify an
executive session nor does "legal
questions" as a topic if the body's attorney is not
present.
• Negotiations:
State Public Body: To determine positions
in negotiations with employees or employee organizations,
develop strategy or receive reports and instruct negotiators.
Local Public Body: To determine positions
on matters that may be subject to negotiations, to develop
strategy and instruct negotiators.
• Personnel:
State Public Body: Meeting open unless
individual requests closure.
Higher education boards are allowed to
discuss personnel and student matters in executive session
unless the individual requests an open
meeting.
Local Public Body: Meeting may be closed
except if the individuals ask that it be open.
Under the Teacher Employment, Compensation
and Dismissal Act, a school board must hold teacher's hearing
in public unless executive session is
requested.
• Additional State Public Body:
University Hospital may hold a closed
session to talk about patient care programs.
Parole Board can meet in executive session
to discuss individuals but has to vote in public.
• Additional Local Public Body:
To discuss individual students (in the
case of school boards, etc.) if disclosure would adversely
affect the person or persons involved. No adoption of any rule,
regulation, policy, position, or formal action shall occur at
any meeting closed to the public.
EXECUTIVE SEARCH (CEO):
• Initial meeting must be open to
establish job search goals, including writing of job
description, deadline for applications, requirements, selection
of
procedures, and time frame for selection
of local or state chief executive officer.
• List of finalists must be made
public at least 14 days prior to appointment. No prior offer of
employment can be made.
• Executive sessions may be held by
the search
committee.
HONORARY DEGREES AND NAMING OF BUILDINGS:
Higher Education governing boards may go
into executive session to discuss issuance of honorary degrees
and naming of buildings. Any decision to
actually issue honorary degrees or name
buildings must take place in a public meeting.
OPENING THE DOORS:
Any citizen can ask the court to issue an
injunction to enforce the law. If the citizen wins, the court
is required to award the citizen costs and reasonable
attorney's fees; however, if the public body wins, the court
can award costs and fees to the public body if the suit was
perceived as frivolous or groundless.
REMEDIES:
A record of all executive sessions must be
kept either by tape recording or by the method used to record
regular meetings. If a person believes that
topics other than those allowed to be
discussed in executive session were discussed, he or she may
ask a judge to review the record. If the judge determines
inappropriate topics were discussed, he or she will
make such records public.
A reporter does not have to disclose a
source or disclose any information received in the pursuit of a
story, unless the media person personally observed the crime or
the information is essential to the case and
cannot reasonably be obtained by any other
means.
LEGISLATIVE POLICY: It is declared to be
the public policy of this state that all public records shall
be open for inspection by any person at
reasonable times.
