Legality of Berthoud trustee email in question

Berthoud Weekly Surveyor: A recent email sent out by a Berthoud trustee apparently violated Colorado Open Meetings Law by discussing public business prior to a scheduled board meeting.

The email in question, obtained by the Surveyor through a Colorado Open Records Act request, was sent from Trustee Paul Alaback on Friday, Aug. 1, and was addressed to the other six trustees and Town Administrator Mike Hart, which under the state’s Sunshine Law technically constitutes a public meeting.

Colorado Sunshine Law stipulates that a “meeting” means “any kind of gathering convened to discuss public business, in person, by telephone, electronically, or by other means of communication. Any meetings” … “at which a majority or quorum of the body is in attendance, or is expected to be in attendance, shall be held only after full and timely notice to the public.If elected officials use electronic mail to discuss pending legislation or other public business among themselves, the electronic mail shall be subject to the requirements of this section.”

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