June 26, 2019

Colorado Court of Appeals: Day-to-Day Oversight of Personnel Exempted from Disclosure Under Open Meetings Law

The Colorado Court of Appeals issued its opinion in Arkansas Valley Publishing Co. v. Lake County Board of County Commissioners on Thursday, July 16, 2015.

Executive Session—Colorado Open Meetings Law—Personnel Discussions.

On February 19, 2013, the Lake County Board of County Commissioners (Board) convened an executive session to discuss a disciplinary matter involving the director of the Lake County Building and Land Use Department. An employee in the department had accused the director of criminal conduct. Plaintiff sought an order from the trial court for the Board to disclose the audio recording of its executive session after the Board had denied its request. The trial court granted the order.

On appeal, the Board contended that the district court erred by ordering the executive session recordings to be disclosed. The executive session was a meeting subject to the Colorado Open Meetings Law (OML). However, meetings involving the “day-to-day oversight of property or supervision of employees by county commissioners” are exempt from the notice requirement. Because the executive session here falls within this exception, the Board was not required to provide full and timely notice before convening the executive session to discuss the director’s employment status and record of that meeting was not subject to disclosure under the OML. Accordingly, the district court erred by granting plaintiff’s request for the Board to disclose the records of the executive session. The order was reversed and the case was remanded with directions for the district court to address plaintiff’s alternative grounds for disclosure under the Colorado Open Records Act.

Summary and full case available here, courtesy of The Colorado Lawyer.

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