Arvada council violated Sunshine Law in filling vacancy, lawsuit contends

From The Complete Colorado: The selection of Gerald “Jerry” Marks to replace Arvada City Council member Rachel Zenzinger earlier this month has prompted a lawsuit, according to court filings.

Zenzinger resigned her seat to fill the vacancy left by the resignation of State Sen. Evie Hudak in November. Hudak faced a recall following controversial comments offered during the 2013 legislative session.

Zenzinger, tapped by a Democratic vacancy committee on December 10, left Arvada’s City Council to determine a replacement for the City Council District 1 seat.

The lawsuit alleges that Arvada’s remaining council members “failed to comply with the Colorado Sunshine Act of 1972″ and, in particular, refers to Colorado’s “Open Meetings Law” and the Council’s use of “secret ballots” to determine Zenzinger’s replacement. Marks was selected after multiple rounds of secret balloting, according to the lawsuit and council documents.

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