Colorado Politics: Some members of the Colorado Supreme Court appeared hesitant on Wednesday to release a recording of an Aurora City Council closed-door session, even though the state’s second-highest court found — and the city admitted — its notice to the public failed to comply with the open meetings law.

Although prior Court of Appeals decisions have ruled that a public entity’s failure to properly convene an executive session means its contents are open for public inspection, the March 14, 2022 session of Aurora’s council introduced a complicating factor. That day, the council received legal advice relating to the censure of one of its members, Councilwoman Danielle Jurinsky.

The Court of Appeals found that distinction did not matter in Aurora’s case, as the council subsequently disclosed it had directed its counsel in the executive session to prepare a settlement, to be voted upon at the next public meeting. To the appeals court, that disclosure surrendered the council’s attorney-client confidentiality.

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