June 16, 2019

Colorado Court of Appeals: Open Meetings Law Allows Voiding of Actions Taken Without Meeting

The Colorado Court of Appeals issued its opinion in Wisdom Works Counseling Services, P.C. v. Colorado Department of Corrections on Thursday, August 27, 2015.

Sex Offender Treatment—Application—Denial—Colorado’s Open Meeting Law.

The Approved Treatment Provider Review Board (Board) denied two applications by plaintiff for certification as an approved provider of sex offender treatment for Colorado Department of Corrections (DOC) parolees. The Board denied both applications based on independent reviews by two of its members but without a meeting among the members of the entire Board. The trial court concluded that the Board had violated former DOC Regulation 250-23 (2011) by denying the applications without meeting. The DOC appealed.

The Board is a “state public body” and subject to the Colorado’s Open Meetings Law (OML). OML prohibits public businesses from being conducted “in secret.” Although OML does not require public bodies to meet, the remedy of voiding certain actions taken without meeting applies to a public body, even if its regulations or practices do not require a meeting. Because the Board denied the applications without meeting, the denials must be set aside. On remand, the district court shall return the proceeding to the Board for further action consistent with this opinion.

On cross-appeal, plaintiff contended that the trial court erred in holding that the Administrative Procedure Act (APA) did not apply to the Board’s actions and in denying CRCP 106 relief. Because CRS § 17-1-111 exempts the denials from the APA, the portion of the trial court’s order rejecting plaintiff’s APA claim was affirmed.

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

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