Wet Mountain Tribune: For months now, the Custer County School Board has been spinning a narrative that they have been working transparently with the public regarding its dealings with Superintendent Thom Peck. During a special meeting on February 13, School Board President Reggie Foster went so far as to say to the crowd, “We are the only ones with all of the information, and we are sharing what we are allowed to share.” However, this statement is being challenged in a lawsuit filed last week by Jordan Hedberg (this author), alleging that the School Board, in fact, used an executive session during the February 11 School Board meeting to pressure Superintendent Thom Peck to resign but hid that fact from the public.

Executive sessions are meetings for elected officials that Colorado state law allows to be held outside of public view. Broadly speaking, Colorado voters have repeatedly stated in ballot elections that public business should be held in public. Known as the Colorado Sunshine Act, the Colorado Open Meeting Law was passed by ballot in 1972 and has been strengthened since that time. However, while the Colorado Open Meeting Law directs most public business to be discussed in public, the law makes three broad exceptions. The first is for an employee matter, as employees have certain rights to privacy regarding what is made public. The second is for receiving legal advice, as client-attorney privileges are protected communications. Lastly, a negotiation strategy for actions such as buying real estate or working on a contract. The Colorado Open Meeting Law makes clear that in executive sessions, a decision cannot be made by the elected officials to be rubberstamped in the public meeting.

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