Open Meetings Law Refresh

In recent years, we have seen a significant increase in Open Meetings Law litigation targeted at school districts, charter schools, and other local public bodies. In some instances, lawsuits are being filed for something as simple as a typo on a board agenda. With that in mind, here are a few Open Meetings highlights to keep you out of trouble and out of court.

Executive Session Notices: It is not enough to simply cite to the correct subsection of C.R.S. 24-6-402(4) and the corresponding statutory language (i.e., conferences with an attorney to receive legal advice). The Open Meetings Law additionally requires the agenda to include sufficient detail regarding the topic of discussion without compromising the purpose of the meeting. If you have questions about a particular agenda, please reach out to us.

Decisions in Executive Session: While there are numerous justifications for holding an executive session, local public bodies cannot make decisions or take formal action in executive session. So stay on topic, and do not head toward decision-making.

Board Agenda Items: Agenda items need to include sufficient detail regarding the topic of discussion such that an ordinary member of the community would understand the issue being discussed. For example, an agenda item listed as "Board News" would likely not provide enough detail for an ordinary member of the community to understand what the Board will be discussing. If you have further questions regarding how much detail is enough, please reach out to us.

Agenda Notice: Make sure that all meetings are posted no less than 24 hours prior to the meeting.

If you would benefit from a Board Training on this topic, we would be happy to explore these issues and others in more detail.