Lakewood City Attorney Tim Cox called it “almost a chicken and egg situation.” For city council members to legally conduct electronic meetings – like the one they were conducting via Zoom when Cox spoke to them Monday evening – they had to pass an emergency ordinance to allow electronic meetings.
Colorado Open Meetings Law
In an extraordinary decision which can only be described as a public flailing, the Board of Regents of the University of Colorado – the governing board for the entire CU system – overwhelmingly lost a Colorado Open Records Act (CORA) lawsuit in which the Daily Camera newspaper sought to force the university to disclose the six candidates who actually were finalists in last year’s search for a new system-wide president.
The Colorado Freedom of Information Coalition joined 131 other transparency-minded organizations in urging state, local and tribal governments across the United States “to recommit to, and not retrench from, their duty to include the public in the policy-making process, including policies relating to COVID-19 as well as the routine ongoing functions of governance.”
As the COVID-19 pandemic forces everybody to consider limiting their exposure to other people, local elected officials are starting to think about how they can do the public’s business virtually without violating the Colorado Open Meetings Law.
An unnamed physician is trying to stop the Colorado Medical Board from initiating public disciplinary proceedings against her for allegedly providing substandard care to three patients.
The ruling in the Boulder Daily Camera’s lawsuit over the University of Colorado’s presidential search will hinge on whether words such as “list” and “group” in Colorado’s sunshine laws mean that the CU Board of Regents should have announced more than one finalist – or whether such words can be interpreted as either singular or plural, a judge indicated.
A split screen might be the best way to think about government transparency in Colorado in 2019. On one side is the ground-breaking new state law that opens records on completed police internal affairs investigations. On the other is the trend among law enforcement agencies in our state to encrypt 100 percent of their scanner transmissions.
A Colorado Springs school board circumvented the state’s transparency laws in hiring its superintendent, a parent alleges in a lawsuit that raises issues like those in another recent legal challenge that seeks the names and records of all finalists for the job of University of Colorado president.
Actual malice. Autopsy reports. The Columbine killers’ “basement tapes.” Stapleton Development Corp. records. The governor’s cellphone bills. The meetings and records of a county retirement board. Tom Kelley waged court battles over these issues and many more as an attorney for The Denver Post, other news organizations and the Colorado Press Association, steadfastly and expertly defending the public’s right to know and the journalist’s right to report.
A case before the Colorado Court of Appeals focuses on what city councils and other government boards must tell the public before they meet in private.