From the Daily Camera (Boulder):  The Boulder County Chapter of the American Civil Liberties Union of Colorado has decided not to oppose (or endorse) the proposed amendment to the Boulder City Charter to allow executive sessions of the City Council to discuss legal advice as the city negotiates with and litigates against Xcel to establish its own electric utility.

The ACLU strongly favors open government as the foundation of the First Amendment right to petition the government for redress of grievances, and the local ACLU opposed the broader charter amendment to allow executive sessions that was rejected by the voters in 2008. Boulderites are justly proud that their charter requires all council meetings to be public, eschewing even the few exceptions allowed by the Colorado Open Meetings (Sunshine) Law.

In dealing with Xcel on the muni, the city will be at a disadvantage if its tactical positions have to be disclosed publicly in advance. The ACLU decided not to oppose the proposed charter amendment because of this demonstrated need and the narrow scope of the measure.

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