§ 23-71-119 — Regular meetings

(1) The local district college board of trustees
shall hold regular meetings as the board decides; except that the board shall hold
no fewer than four regular meetings each year. The board may hold additional or
special meetings upon call of the president or a majority of the board. The secretary
of the board shall notify the members of all meetings. The board shall hold all
special and regular meetings of the board at locations that are within the
boundaries of the district or that are within the boundaries of a county in which the
district is located, in whole or in part, or in any county so long as the meeting
location is not farther than twenty miles from the district boundaries. The board
may waive the provisions of this section governing the location of meetings only if
the proposed change of location of a meeting of the board appears on the agenda
of a regular or special meeting of the board and if the board adopts a resolution
stating the reason for which a meeting of the board is to be held in a location other
than under the provisions of this section and further stating the date, time, and
place of the meeting.

(2) (a) The board of trustees of Colorado mountain college, without holding a
meeting, may take an action that is otherwise required or permitted to be taken at a
board meeting if:

(I) The secretary of the board transmits in writing to each member of the
board notice of the proposed action to be taken without a meeting;

(II) A board member does not demand in writing that the action described in
the notice be discussed in a regular or special board meeting;

(III) After the board receives notice of the proposed action, the board
secretary provides full and timely notice of the proposed action to the public by
posting notice of the proposed action in the designated public place for posting
notice of meetings described in section 24-6-402 (2)(c), C.R.S., and a member of the
public does not request that the proposed action be discussed in a regular or
special board meeting; and

(IV) Every member of the board, by the date stated in the notice, delivers a
written vote in favor of taking the action.

(b) The notice required by this subsection (2) must, at a minimum, state:

(I) The action to be taken;

(II) The date by which each board member must respond; and

(III) That failure to respond by the date stated in the notice has the same
effect as voting against the action stated in the notice.

(c) The board of trustees of Colorado mountain college may take an action
without a meeting as provided in this subsection (2) only if, by the date stated in the
notice transmitted pursuant to this subsection (2), the board president receives an
affirmative vote in favor of the action in writing from each member of the board and
does not receive a written demand by a board member that the action not be taken
without a meeting. Unless the notice transmitted pursuant to this subsection (2)
states a different effective date, an action taken pursuant to this subsection (2) is
effective on the date for response stated in the notice transmitted pursuant to this
subsection (2).

(d) A writing by a board member under this subsection (2) must, at a
minimum, specify the identity of the board member; the vote, abstention, demand,
or revocation of the board member; and the proposed action to which the vote,
abstention, demand, or revocation relates. Unless otherwise provided by an action
of the board, all communications under this subsection (2) may be transmitted or
received by electronically transmitted facsimile, electronic mail, or other form of
wire or wireless communication. For purposes of this subsection (2),
communications are not effective until received.

(e) An action taken pursuant to this subsection (2) has the same effect as an
action taken at a regular or special meeting of the board and may be described as
such in any document. Electronic mail or other written communications used to
provide notice or to discuss the proposed action are subject to the open meeting
requirements specified in part 4 of article 6 of title 24, C.R.S.

(f) The board secretary shall ensure that all writings made pursuant to this
section are filed with the minutes of the board meetings.

(g) In addition to the list described in section 24-6-402 (7), C.R.S., the board
secretary shall maintain a list of persons who ask for notice of a proposed action to
be taken pursuant to this subsection (2). The board secretary shall notify each
person on the list of a proposed action and shall specify in the notice that a member
of the public may request that the board discuss the proposed action in a regular or
special board meeting.

Legislative History

Source: L. 75: Entire article added, p. 755, � 1, effective July 1. L. 86: Entire section amended, p. 851, � 21, effective July 1. L. 90: Entire section amended, p. 1496, � 2, effective July 1. L. 2016: Entire section amended, (HB 16-1259), ch. 123, p. 349, � 5, effective April 21.