Colorado Times Recorder: The five-member Elizabeth school board is facing its second lawsuit in less than six months for allegedly flouting Colorado’s open meetings laws (COML) by adding last-minute agenda items and failing to properly disclose its reasons for adjourning in executive session. 

According to attorney Matt Roane who represents Jessica Capsel in the most recent filing, the board members’ decision to adopt a resolution refusing to close schools or require children to wear masks in light of a future COVID-19 surge came without advance notice. The lawsuit claims the last-minute agenda addition violates the part of COML that states a public body must “post a full and timely notice for all meetings at which any formal action occurs.”

Capsel said she reviewed the board meeting agenda around 2 p.m. on the meeting day and didn’t see any reference to the resolution to keep Elizabeth schools open and education unrestricted. Rather, the item showed up at or before 6 p.m.

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