§ 24-6-402 — Meetings - open to public - legislative declaration - definitions

Colorado § 24-6-402

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Colorado Sunshine Law

Text

(1) For the purposes of this section:

(a) (I) Local public body means any board, committee, commission,
authority, or other advisory, policy-making, rule-making, or formally constituted
body of any political subdivision of the state and any public or private entity to
which a political subdivision, or an official thereof, has delegated a governmental
decision-making function but does not include persons on the administrative staff
of the local public body.

(II) Notwithstanding subsection (1)(a)(I) of this section, in order to assure
school board transparency local public body shall include members of a board of
education, school administration personnel, or a combination thereof who are
involved in a meeting with a representative of employees at which a collective
bargaining agreement is discussed.

(III) Notwithstanding subsection (1)(a)(I) of this section, local public body
includes the governing board of an institute charter school that is authorized
pursuant to part 5 of article 30.5 of title 22.

(IV) Notwithstanding subsection (1)(a)(I) of this section, local public body
includes the board of trustees, created in section 24-51-202, of the public
employees' retirement association, created in section 24-51-201.

(b) Meeting means any kind of gathering, convened to discuss public
business, in person, by telephone, electronically, or by other means of
communication.

(c) Political subdivision of the state includes, but is not limited to, any
county, city, city and county, town, home rule city, home rule county, home rule city
and county, school district, special district, local improvement district, special
improvement district, or service district.

(d) (I) State public body means any board, committee, commission, or other
advisory, policy-making, rule-making, decision-making, or formally constituted body
of any state agency, state authority, governing board of a state institution of higher
education including the regents of the university of Colorado, a nonprofit
corporation incorporated pursuant to section 23-5-121 (2), C.R.S., or the general
assembly, and any public or private entity to which the state, or an official thereof,
has delegated a governmental decision-making function but does not include
persons on the administrative staff of the state public body.

(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (d),
state public body does not include the governing board of an institute charter
school that is authorized pursuant to part 5 of article 30.5 of title 22, C.R.S.

(2) (a) All meetings of two or more members of any state public body at
which any public business is discussed or at which any formal action may be taken
are declared to be public meetings open to the public at all times.

(b) All meetings of a quorum or three or more members of any local public
body, whichever is fewer, at which any public business is discussed or at which any
formal action may be taken are declared to be public meetings open to the public at
all times.

(c) (I) Any meetings at which the adoption of any proposed policy, position,
resolution, rule, regulation, or formal action occurs or at which a majority or quorum
of the body is in attendance, or is expected to be in attendance, shall be held only
after full and timely notice to the public. In addition to any other means of full and
timely notice, a local public body shall be deemed to have given full and timely
notice if the notice of the meeting is posted in a designated public place within the
boundaries of the local public body no less than twenty-four hours prior to the
holding of the meeting. The public place or places for posting such notice shall be
designated annually at the local public body's first regular meeting of each
calendar year. The posting shall include specific agenda information where
possible.

(II) The general assembly hereby finds and declares that:

(A) It is the intent of the general assembly that local governments transition
from posting physical notices of public meetings in physical locations to posting
notices on a website, social media account, or other official online presence of the
local government to the greatest extent practicable;

(B) It is the intent of the general assembly to relieve a local government of
the requirement to physically post meeting notices, with certain exceptions, if the
local government complies with the requirements of online posted notices of
meetings;

(C) A number of factors may affect the ability of some local governments to
easily establish a website, post meeting notices online, and otherwise benefit from
having an online presence, including the availability of broadband or reliable
broadband, the lack of cellular telephone and data services, and fiscal or staffing
constraints of the local government;

(D) Local governments are encouraged to avail themselves of existing free
resources for creating a website and receiving content management assistance
from the Colorado statewide internet portal authority and statewide associations
representing local governmental entities; and

(E) It is the intent of the general assembly to closely monitor the transition to
providing notices of public meetings online over the next two years and, if
significant progress is not made, to bring legislation mandating in statute that all
notices be posted online except in very narrow circumstances that are beyond the
control of a local government.

(III) On and after July 1, 2019, a local public body shall be deemed to have
given full and timely notice of a public meeting if the local public body posts the
notice, with specific agenda information if available, no less than twenty-four hours
prior to the holding of the meeting on a public website of the local public body. The
notice must be accessible at no charge to the public. The local public body shall, to
the extent feasible, make the notices searchable by type of meeting, date of
meeting, time of meeting, agenda contents, and any other category deemed
appropriate by the local public body and shall consider linking the notices to any
appropriate social media accounts of the local public body. A local public body that
provides notice on a website pursuant to this subsection (2)(c)(III) shall provide the
address of the website to the department of local affairs for inclusion in the
inventory maintained pursuant to section 24-32-116. A local public body that posts
a notice of a public meeting on a public website pursuant to this subsection
(2)(c)(III) may in its discretion also post a notice by any other means including in a
designated public place pursuant to subsection (2)(c)(I) of this section; except that
nothing in this section shall be construed to require such other posting. A local
public body that posts notices of public meetings on a public website pursuant to
this subsection (2)(c)(III) shall designate a public place within the boundaries of the
local public body at which it may post a notice no less than twenty-four hours prior
to a meeting if it is unable to post a notice online in exigent or emergency
circumstances such as a power outage or an interruption in internet service that
prevents the public from accessing the notice online.

(IV) For purposes of this section, local public body includes municipalities,
counties, school districts, and special districts.

(d) (I) Minutes of any meeting of a state public body shall be taken and
promptly recorded, and such records shall be open to public inspection. The
minutes of a meeting during which an executive session authorized under
subsection (3) of this section is held shall reflect the topic of the discussion at the
executive session.

(II) Minutes of any meeting of a local public body at which the adoption of
any proposed policy, position, resolution, rule, regulation, or formal action occurs or
could occur shall be taken and promptly recorded, and such records shall be open
to public inspection. The minutes of a meeting during which an executive session
authorized under subsection (4) of this section is held shall reflect the topic of the
discussion at the executive session.

(III) If elected officials exchange electronic mail to discuss pending
legislation or other public business among themselves, the electronic mail is
subject to the requirements of this section. Electronic mail communication between
elected officials that does not relate to the merits or substance of pending
legislation or other public business, including electronic mail communication
regarding scheduling and availability or electronic mail communication that is sent
by an elected official for the purpose of forwarding information, responding to an
inquiry from an individual who is not a member of the state or local public body, or
posing a question for later discussion by the public body, shall not be considered a
meeting within the meaning of this section. For purposes of this subsection
(2)(d)(III), merits or substance means any discussion, debate, or exchange of ideas,
either generally or specifically, related to the essence of any public policy
proposition, specific proposal, or any other matter being considered by the
governing entity.

(IV) Neither a state nor a local public body may adopt any proposed policy,
position, resolution, rule, or regulation or take formal action by secret ballot unless
otherwise authorized in accordance with the provisions of this subparagraph (IV).
Notwithstanding any other provision of this section, a vote to elect leadership of a
state or local public body by that same public body may be taken by secret ballot,
and a secret ballot may be used in connection with the election by a state or local
public body of members of a search committee, which committee is otherwise
subject to the requirements of this section, but the outcome of the vote shall be
recorded contemporaneously in the minutes of the body in accordance with the
requirements of this section. Nothing in this subparagraph (IV) shall be construed to
affect the authority of a board of education to use a secret ballot in accordance
with the requirements of section 22-32-108 (6), C.R.S. For purposes of this
subparagraph (IV), secret ballot means a vote cast in such a way that the identity
of the person voting or the position taken in such vote is withheld from the public.

(d.5) (I) (A) Discussions that occur in an executive session of a state public
body shall be electronically recorded. If a state public body electronically recorded
the minutes of its open meetings on or after August 8, 2001, the state public body
shall continue to electronically record the minutes of its open meetings that occur
on or after August 8, 2001; except that electronic recording shall not be required
for two successive meetings of the state public body while the regularly used
electronic equipment is inoperable. A state public body may satisfy the electronic
recording requirements of this sub-subparagraph (A) by making any form of
electronic recording of the discussions in an executive session of the state public
body. Except as provided in sub-subparagraph (B) of this subparagraph (I), the
electronic recording of an executive session shall reflect the specific citation to the
provision in subsection (3) of this section that authorizes the state public body to
meet in an executive session and the actual contents of the discussion during the
session. The provisions of this sub-subparagraph (A) shall not apply to discussions
of individual students by a state public body pursuant to paragraph (b) of
subsection (3) of this section.

(B) If, in the opinion of the attorney who is representing a governing board of
a state institution of higher education, including the regents of the university of
Colorado, and is in attendance at an executive session that has been properly
announced pursuant to paragraph (a) of subsection (3) of this section, all or a
portion of the discussion during the executive session constitutes a privileged
attorney-client communication, no record or electronic recording shall be required
to be kept of the part of the discussion that constitutes a privileged attorney-client
communication. The electronic recording of said executive session discussion shall
reflect that no further record or electronic recording was kept of the discussion
based on the opinion of the attorney representing the governing board of a state
institution of higher education, including the regents of the university of Colorado,
as stated for the record during the executive session, that the discussion
constituted a privileged attorney-client communication, or the attorney
representing the governing board of a state institution of higher education,
including the regents of the university of Colorado, may provide a signed statement
attesting that the portion of the executive session that was not recorded
constituted a privileged attorney-client communication in the opinion of the
attorney.

(C) If a court finds, upon application of a person seeking access to the record
of the executive session of a state public body in accordance with section 24-72-204 (5.5) and after an in camera review of the record of the executive session, that
the state public body engaged in substantial discussion of any matters not
enumerated in subsection (3) of this section or that the body adopted a proposed
policy, position, resolution, rule, regulation, or formal action in the executive session
in contravention of paragraph (a) of subsection (3) of this section, the portion of the
record of the executive session that reflects the substantial discussion of matters
not enumerated in subsection (3) of this section or the adoption of a proposed
policy, position, resolution, rule, regulation, or formal action shall be open to public
inspection pursuant to section 24-72-204 (5.5).

(D) No portion of the record of an executive session of a state public body
shall be open for public inspection or subject to discovery in any administrative or
judicial proceeding, except upon the consent of the state public body or as provided
in sub-subparagraph (C) of this subparagraph (I) and section 24-72-204 (5.5).

(E) The record of an executive session of a state public body recorded
pursuant to sub-subparagraph (A) of this subparagraph (I) shall be retained for at
least ninety days after the date of the executive session.

(II) (A) Discussions that occur in an executive session of a local public body
shall be electronically recorded. If a local public body electronically recorded the
minutes of its open meetings on or after August 8, 2001, the local public body shall
continue to electronically record the minutes of its open meetings that occur on or
after August 8, 2001; except that electronic recording shall not be required for two
successive meetings of the local public body while the regularly used electronic
equipment is inoperable. A local public body may satisfy the electronic recording
requirements of this sub-subparagraph (A) by making any form of electronic
recording of the discussions in an executive session of the local public body. Except
as provided in sub-subparagraph (B) of this subparagraph (II), the electronic
recording of an executive session shall reflect the specific citation to the provision
in subsection (4) of this section that authorizes the local public body to meet in an
executive session and the actual contents of the discussion during the session. The
provisions of this sub-subparagraph (A) shall not apply to discussions of individual
students by a local public body pursuant to paragraph (h) of subsection (4) of this
section.

(B) If, in the opinion of the attorney who is representing the local public body
and who is in attendance at an executive session that has been properly announced
pursuant to subsection (4) of this section, all or a portion of the discussion during
the executive session constitutes a privileged attorney-client communication, no
record or electronic recording shall be required to be kept of the part of the
discussion that constitutes a privileged attorney-client communication. The
electronic recording of said executive session discussion shall reflect that no
further record or electronic recording was kept of the discussion based on the
opinion of the attorney representing the local public body, as stated for the record
during the executive session, that the discussion constituted a privileged attorney-client communication, or the attorney representing the local public body may
provide a signed statement attesting that the portion of the executive session that
was not recorded constituted a privileged attorney-client communication in the
opinion of the attorney.

(C) If a court finds, upon application of a person seeking access to the record
of the executive session of a local public body in accordance with section 24-72-204 (5.5) and after an in camera review of the record of the executive session, that
the local public body engaged in substantial discussion of any matters not
enumerated in subsection (4) of this section or that the body adopted a proposed
policy, position, resolution, rule, regulation, or formal action in the executive session
in contravention of subsection (4) of this section, the portion of the record of the
executive session that reflects the substantial discussion of matters not
enumerated in subsection (4) of this section or the adoption of a proposed policy,
position, resolution, rule, regulation, or formal action shall be open to public
inspection pursuant to section 24-72-204 (5.5).

(D) No portion of the record of an executive session of a local public body
shall be open for public inspection or subject to discovery in any administrative or
judicial proceeding, except upon the consent of the local public body or as provided
in sub-subparagraph (C) of this subparagraph (II) and section 24-72-204 (5.5).

(E) Except as otherwise required by section 22-32-108 (5)(e), C.R.S., the
record of an executive session of a local public body recorded pursuant to sub-subparagraph (A) of this subparagraph (II) shall be retained for at least ninety days
after the date of the executive session.

(e) This part 4 does not apply to any chance meeting or social gathering at
which discussion of public business is not the central purpose.

(f) The provisions of paragraph (c) of this subsection (2) shall not be
construed to apply to the day-to-day oversight of property or supervision of
employees by county commissioners. Except as set forth in this paragraph (f), the
provisions of this paragraph (f) shall not be interpreted to alter any requirements of
paragraph (c) of this subsection (2).

(2.5) (a) For purposes of applying subsections (2)(c)(I) and (2)(d)(I) of this
section to a meeting of a state public body of the general assembly, a quorum must
be contemporaneous.

(b) Notwithstanding subsections (1)(b) and (2)(d)(III) of this section, any form
of written communication, electronic or otherwise, exchanged by two or more
members of the general assembly is not subject to this part 4, but any records of
the communication are subject to disclosure to the extent required by the
Colorado Open Records Act, part 2 of article 72 of title 24.

(c) For purposes of the application of this part 4 to the general assembly,
public business:

(I) Means:

(A) Introduced legislation, including bills, resolutions, and memorials;

(B) Proposed legislation, which includes a bill, resolution, or memorial, if a
draft of the proposed legislation prepared by the office of legislative legal services
is being discussed by a quorum of a statutory committee or a committee of
reference during a regular or special legislative session of the general assembly or
by a quorum of any type of interim committee; or

(C) Other matters before a statutory committee, any type of interim
committee, or a committee of reference; and

(II) Does not include matters that are by nature interpersonal, administrative,
or logistical or that concern personnel, planning, process, training, or operations, if
the merits or substance of matters set forth in subsection (2.5)(c)(I) of this section
are not discussed. As used in this subsection (2.5)(c)(II), merits or substance has
the same meaning as set forth in subsection (2)(d)(III) of this section.

(3) (a) The members of a state public body subject to this part 4, upon the
announcement by the state public body to the public of the topic for discussion in
the executive session, including specific citation to the provision of this subsection
(3) authorizing the body to meet in an executive session and identification of the
particular matter to be discussed in as much detail as possible without
compromising the purpose for which the executive session is authorized, and the
affirmative vote of two-thirds of the entire membership of the body after such
announcement, may hold an executive session only at a regular or special meeting
and for the sole purpose of considering any of the matters enumerated in
subsection (3)(b) of this section or the following matters; except that no adoption of
any proposed policy, position, resolution, rule, regulation, or formal action, except
the review, approval, and amendment of the minutes of an executive session
recorded pursuant to subsection (2)(d.5)(I) of this section, shall occur at any
executive session that is not open to the public:

(I) The purchase of property for public purposes, or the sale of property at
competitive bidding, if premature disclosure of information would give an unfair
competitive or bargaining advantage to a person whose personal, private interest is
adverse to the general public interest. No member of the state public body shall
use this paragraph (a) as a subterfuge for providing covert information to
prospective buyers or sellers. Governing boards of state institutions of higher
education including the regents of the university of Colorado may also consider the
acquisition of property as a gift in an executive session, only if such executive
session is requested by the donor.

(II) Conferences with an attorney representing the state public body
concerning disputes involving the public body that are the subject of pending or
imminent court action, concerning specific claims or grievances, or for purposes of
receiving legal advice on specific legal questions. Mere presence or participation of
an attorney at an executive session of a state public body is not sufficient to satisfy
the requirements of this subsection (3).

(III) Matters required to be kept confidential:

(A) By federal law or rules;

(B) By state statutes;

(C) In accordance with the requirements of any joint rule of the senate and
house of representatives pertaining to lobbying practices, the workplace
harassment policy, or the workplace expectations policy; or

(D) In accordance with the requirements of the workplace harassment policy;

(IV) Specialized details of security arrangements or investigations, including
defenses against terrorism, both domestic and foreign, and including where
disclosure of the matters discussed might reveal information that could be used for
the purpose of committing, or avoiding prosecution for, a violation of the law;

(V) Determining positions relative to matters that may be subject to
negotiations with employees or employee organizations; developing strategy for
and receiving reports on the progress of such negotiations; and instructing
negotiators;

(VI) With respect to the board of regents of the university of Colorado and
the board of directors of the university of Colorado hospital authority created
pursuant to article 21 of title 23, C.R.S., matters concerning the modification,
initiation, or cessation of patient care programs at the university hospital operated
by the university of Colorado hospital authority pursuant to part 5 of article 21 of
title 23, C.R.S., (including the university of Colorado psychiatric hospital), and
receiving reports with regard to any of the above, if premature disclosure of
information would give an unfair competitive or bargaining advantage to any person
or entity;

(VII) With respect to nonprofit corporations incorporated pursuant to section
23-5-121 (2), C.R.S., matters concerning trade secrets, privileged information, and
confidential commercial, financial, geological, or geophysical data furnished by or
obtained from any person;

(VIII) With respect to the governing board of a state institution of higher
education and any committee thereof, consideration of nominations for the
awarding of honorary degrees, medals, and other honorary awards by the institution
and consideration of proposals for the naming of a building or a portion of a
building for a person or persons.

(b) (I) All meetings held by members of a state public body subject to this
part 4 to consider the appointment or employment of a public official or employee
or the dismissal, discipline, promotion, demotion, or compensation of, or the
investigation of charges or complaints against, a public official or employee shall
be open to the public unless said applicant, official, or employee requests an
executive session. Governing boards of institutions of higher education including
the regents of the university of Colorado may, upon their own affirmative vote, hold
executive sessions to consider the matters listed in this paragraph (b). Executive
sessions may be held to review administrative actions regarding investigation of
charges or complaints and attendant investigative reports against students where
public disclosure could adversely affect the person or persons involved, unless the
students have specifically consented to or requested the disclosure of such
matters. An executive session may be held only at a regular or special meeting of
the state public body and only upon the announcement by the public body to the
public of the topic for discussion in the executive session and the affirmative vote
of two-thirds of the entire membership of the body after such announcement.

(II) The provisions of subparagraph (I) of this paragraph (b) shall not apply to
discussions concerning any member of the state public body, any elected official, or
the appointment of a person to fill the office of a member of the state public body
or an elected official or to discussions of personnel policies that do not require the
discussion of matters personal to particular employees.

(c) Notwithstanding the provisions of paragraphs (a) and (b) of this
subsection (3), the state board of parole created in part 2 of article 2 of title 17,
C.R.S., may proceed in executive session to consider matters connected with any
parole proceedings under the jurisdiction of said board; except that no final parole
decisions shall be made by said board while in executive session. Such executive
session may be held only at a regular or special meeting of the state board of
parole and only upon the affirmative vote of two-thirds of the membership of the
board present at such meeting.

(d) Notwithstanding any provision of paragraph (a) or (b) of this subsection
(3) to the contrary, upon the affirmative vote of two-thirds of the members of the
governing board of an institution of higher education who are authorized to vote,
the governing board may hold an executive session in accordance with the
provisions of this subsection (3).

(3.5) A search committee of a state public body or local public body shall
establish job search goals, including the writing of the job description, deadlines for
applications, requirements for applicants, selection procedures, and the time frame
for appointing or employing a chief executive officer of an agency, authority,
institution, or other entity at an open meeting. The state or local public body shall
name one or more candidates as finalists for the position of chief executive officer.
The state or local public body shall make public the finalist or finalists under
consideration for the position of chief executive officer no later than fourteen days
prior to appointing or employing a finalist to fill the position. No offer of
appointment or employment shall be made prior to this public notice. Records
submitted by or on behalf of a finalist for such position shall be subject to section
24-72-204 (3)(a)(XI). Nothing in this subsection (3.5) shall be construed to prohibit a
search committee from holding an executive session to consider appointment or
employment matters not described in this subsection (3.5) and otherwise
authorized by this section.

(4) The members of a local public body subject to this part 4, upon the
announcement by the local public body to the public of the topic for discussion in
the executive session, including specific citation to this subsection (4) authorizing
the body to meet in an executive session and identification of the particular matter
to be discussed in as much detail as possible without compromising the purpose for
which the executive session is authorized, and the affirmative vote of two-thirds of
the quorum present, after such announcement, may hold an executive session only
at a regular or special meeting and for the sole purpose of considering any of the
following matters; except that no adoption of any proposed policy, position,
resolution, rule, regulation, or formal action, except the review, approval, and
amendment of the minutes of an executive session recorded pursuant to subsection
(2)(d.5)(II) of this section, shall occur at any executive session that is not open to the
public:

(a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or
other property interest; except that no executive session shall be held for the
purpose of concealing the fact that a member of the local public body has a
personal interest in such purchase, acquisition, lease, transfer, or sale;

(b) Conferences with an attorney for the local public body for the purposes
of receiving legal advice on specific legal questions. Mere presence or participation
of an attorney at an executive session of the local public body is not sufficient to
satisfy the requirements of this subsection (4).

(c) Matters required to be kept confidential by federal or state law or rules
and regulations. The local public body shall announce the specific citation of the
statutes or rules that are the basis for such confidentiality before holding the
executive session.

(d) Specialized details of security arrangements or investigations, including
defenses against terrorism, both domestic and foreign, and including where
disclosure of the matters discussed might reveal information that could be used for
the purpose of committing, or avoiding prosecution for, a violation of the law;

(e) (I) Determining positions relative to matters that may be subject to
negotiations; developing strategy for negotiations; and instructing negotiators.

(II) Subsection (4)(e)(I) of this section shall not apply to a meeting of the
members of a board of education of a school district:

(A) During which negotiations relating to collective bargaining, as defined in
section 8-3-104 (3), are discussed; or

(B) During which negotiations for employment contracts, other than
negotiations for an individual employee's contract, are discussed.

(III) Notwithstanding subsection (4)(e)(II) of this section, the members of a
board of education of a school district may hold an executive session in accordance
with the requirements of this subsection (4)(e) for the purpose of developing the
strategy of the school district for negotiations relating to collective bargaining or
employment contracts.

(f) (I) Personnel matters except if the employee who is the subject of the
session has requested an open meeting, or if the personnel matter involves more
than one employee, all of the employees have requested an open meeting. With
respect to hearings held pursuant to the Teacher Employment, Compensation, and
Dismissal Act of 1990, article 63 of title 22, C.R.S., the provisions of section 22-63-302 (7)(a), C.R.S., shall govern in lieu of the provisions of this subsection (4).

(II) The provisions of subparagraph (I) of this paragraph (f) shall not apply to
discussions concerning any member of the local public body, any elected official, or
the appointment of a person to fill the office of a member of the local public body
or an elected official or to discussions of personnel policies that do not require the
discussion of matters personal to particular employees.

(g) Consideration of any documents protected by the mandatory
nondisclosure provisions of the Colorado Open Records Act, part 2 of article 72 of
this title; except that all consideration of documents or records that are work
product as defined in section 24-72-202 (6.5) or that are subject to the
governmental or deliberative process privilege shall occur in a public meeting
unless an executive session is otherwise allowed pursuant to this subsection (4);

(h) Discussion of individual students where public disclosure would
adversely affect the person or persons involved.

(i) (I) If the local public body is the board of education of a school district, the
governing body of a district charter school that is authorized pursuant to part 1 of
article 30.5 of title 22, or the governing board of an institute charter school that is
authorized pursuant to part 5 of article 30.5 of title 22, negotiations concerning the
terms of an employment contract with one or more finalists for the position of chief
executive officer if:

(A) The board or governing body has named more than one candidate as a
finalist for the position of chief executive officer pursuant to subsection (3.5) of this
section; and

(B) The board or governing body holds a forum open to the public to conduct
interviews with each of the finalists.

(II) The board or governing body may, in addition to interviewing finalists in a
public forum, interview finalists in executive session.

(III) The board or governing body may instruct personnel and representatives
to begin contract negotiations with one or more candidates in executive session,
including the necessary process to prioritize, for the purposes of negotiation, one or
more finalists after public forums have been completed.

(IV) Prioritizing among the finalists and beginning negotiations with one or
more of the finalists shall not constitute formal action or adoption by the board or
governing body. Such formal action occurs only when the board or governing body
comes into public session and casts votes on their preferred next chief executive
officer. No formal adoption is deemed to have taken place until a public vote has
occurred.

(V) As used in this subsection (4)(i), chief executive officer means a
superintendent of a school district or a chief executive officer of a charter school.

(5) (Deleted by amendment, L. 96, p. 691, �1, effective July 1, 1996.)

(6) The limitations imposed by subsections (3), (4), and (5) of this section do
not apply to matters which are covered by section 14 of article V of the state
constitution.

(7) The secretary or clerk of each state public body or local public body shall
maintain a list of persons who, within the previous two years, have requested
notification of all meetings or of meetings when certain specified policies will be
discussed and shall provide reasonable advance notification of such meetings,
provided, however, that unintentional failure to provide such advance notice will not
nullify actions taken at an otherwise properly published meeting. The provisions of
this subsection (7) shall not apply to the day-to-day oversight of property or
supervision of employees by county commissioners, as provided in paragraph (f) of
subsection (2) of this section.

(8) No resolution, rule, regulation, ordinance, or formal action of a state or
local public body shall be valid unless taken or made at a meeting that meets the
requirements of subsection (2) of this section.

(9) (a) Any person denied or threatened with denial of any of the rights that
are conferred on the public by this part 4 has suffered an injury in fact and,
therefore, has standing to challenge the violation of this part 4.

(b) The courts of record of this state shall have jurisdiction to issue
injunctions to enforce the purposes of this section upon application by any citizen
of this state. In any action in which the court finds a violation of this section, the
court shall award the citizen prevailing in such action costs and reasonable
attorney fees. In the event the court does not find a violation of this section, it shall
award costs and reasonable attorney fees to the prevailing party if the court finds
that the action was frivolous, vexatious, or groundless.

(10) Any provision of this section declared to be unconstitutional or
otherwise invalid shall not impair the remaining provisions of this section, and, to
this end, the provisions of this section are declared to be severable.

Legislative History

Source: Initiated 72. L. 73: p. 1666, � 1. C.R.S. 1963: � 3-37-402. L. 77: (1) and (2) amended and (3) added, pp. 1155, 1157, �� 1, 1, effective June 19. L. 85: (2.6) added, p. 644, � 6, effective June 19. L. 87: (1), (2.3)(a), (2.3)(b), and (2.5) amended and (2.3)(f) added, p. 926, � 1, effective March 27. L. 89: (2.3)(f) amended, p. 1004, � 4, effective October 1. L. 91: Entire section amended, p. 815, � 2, effective June 1; (3)(a)(VI) amended, p. 586, � 6, effective October 1. L. 92: (2)(f) added, p. 972, � 1, effective April 23. L. 96: (2)(d)(III) added, p. 1480, � 2, effective June 1; (1)(b), (1)(d), (2)(d), IP(3)(a), (3)(a)(II), (3)(a)(V), (3)(b), IP(4), (4)(c), (5), and (7) amended and (3.5) added, p. 691, � 1, effective July 1. L. 97: (3.5) amended, p. 320, � 1, effective April 14. L. 99: (4)(g) amended, p. 205, � 1, effective March 31. L. 2000: (1)(d) amended and (3)(a)(VII) added, pp. 414, 415, �� 4, 5, effective April 13. L. 2001: (3)(a)(III) amended, p. 150, � 5, effective March 27; (2)(d.5) added and IP(3)(a), (3)(b), IP(4), and (4)(f) amended, pp. 1069, 1072, �� 1, 2, effective August 8. L. 2002: (3)(a)(IV) and (4)(d) amended, p. 238, � 7, effective April 12; (2)(d.5)(I)(A) and (2)(d.5)(II)(A) amended, p. 643, � 3, effective May 24; (3)(a)(VIII) added, p. 85, � 1, effective August 7. L. 2006: (2)(d.5)(I)(A), (2)(d.5)(I)(B), (2)(d.5)(II)(A), and (2)(d.5)(II)(B) amended, p. 9, � 1, effective August 7. L. 2009: (2)(d.5)(I)(B) and (3)(a)(II) amended, (HB 09-1124), ch. 94, p. 359, � 1, effective August 5; (4)(g) amended, (SB 09-292), ch. 369, p. 1967, � 74, effective August 5. L. 2010: (3)(d) added, (SB 10-003), ch. 391, p. 1859, � 40, effective June 9. L. 2012: (2)(d)(IV) added, (HB 12-1169), ch. 64, p. 227, � 1, effective March 24. L. 2014: (2)(d.5)(II)(E) amended, (SB 14-182), ch. 393, p. 1986, � 2, effective June 6; (9) amended, (HB 14-1390), ch. 380, p. 1859, � 1, effective June 6. Initiated 2014: (1)(a) and (4)(e) amended, L. 2015, p. 2203, � 1, effective upon proclamation of the governor, December 17, 2014. L. 2016: (1)(a)(III) added and (1)(d) amended, (HB 16-1422), ch. 351, p. 1436, � 15, effective June 10. L. 2019: IP(3)(a) and (3)(a)(III) amended, (SB 19-244), ch. 243, p. 2377, � 2, effective May 20; (2)(c) amended, (HB 19-1087), ch. 134, p. 608, � 1, effective August 2; IP(4) and (4)(e) amended, (HB 19-1201), ch. 98, p. 359, � 1, effective September 1. L. 2021: (2)(c)(IV) amended, (SB 21-268), ch. 222, p. 1185, � 23, effective June 11; (3.5) amended, (HB 21-1051), ch. 183, p. 986, � 2, effective September 7; (2)(d)(III) amended, (HB 21-1025), ch. 24, p. 110, � 1, effective September 7. L. 2022: (4)(i) added, (HB 22-1110), ch. 66, p. 327, � 1, effective April 4. L. 2024: (2.5) added, (SB 24-157), ch. 23, p. 65, � 2, effective March 12; (3)(a)(III) amended, (SB 24-160), ch. 445, p. 3115, � 2, effective August 7. L. 2025: (1)(a)(II) and (1)(a)(III) amended and (1)(a)(IV) added, (SB 25-147), ch. 369, p. 1992, � 1, effective June 3.