The Gazette (Colorado Springs): All Colorado Springs and Utilities properties – from Garden of the Gods to the Martin Drake Power Plant – were being garnisheed by a local lawyer Thursday after the City Council rejected a mediated settlement during an executive session Tuesday.

The settlement had been reached after an excavating company won its federal case against the city and Utilities, an enterprise of the city.

The Colorado Sunshine Law, which governs open meetings, strictly forbids governmental bodies from making any decision during executive sessions. It says “no adoption of any proposed policy, position, resolution, rule, regulation, or formal action” except on meeting minutes “shall occur at any executive session that is not open to the public.”

City Attorney Wynetta Massey, who attended the more than hourlong session Tuesday, did not reply to a Gazette email seeking explanation.

Council President Merv Bennett said that he could not comment on anything that occurs in an executive session.

But Council President Pro Tem Jill Gaebler denied that any decision was made in the closed session.

“I do not believe we did that,” Gaebler said. “We can’t make decisions in executive session. I do believe some direction was given, but there was no decision.”

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