HomeMy WebLinkAboutagenda.council.worksession.20240318AGENDA
CITY COUNCIL WORK SESSION
March 18, 2024
4:00 PM, City Council Chambers
427 Rio Grande Place, Aspen
I.Work Session
I.A Open Meetings and Open Records / Council Emails
I.B Boards and Commissions Expectations
I.C City Manager Board Reports - CAST, Airport Advisory Board
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Council Memo - Open Meetings and Open Records.docx
Aspen 3-18-24 Final.pdf
Council Memo - Boards and Commissions.docx
CML handbook-boards (002).pdf
2024a_House Bill 1168_01.pdf
Boards and Commission Spreadsheet.pdf
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MEMORANDUM
TO:Mayor and City Council
FROM:Jenn Ooton, Senior Project Manager
THROUGH:Sara Ott, City Manager
MEMO DATE:March 6, 2024
MEETING DATE:March 18, 2024
RE:Open Meetings and Open Records Laws
Email Transparency
REQUEST OF COUNCIL: This work session will cover a range of topics related to open meetings, open
records, and the expectations that Council has for its advisory boards.
SUMMARY AND BACKGROUND:
This work session will cover three major topic areas: A presentation regarding open meetings and open
records laws by CIRSA, information about email transparency, and a conversation regarding Boards and
Commissions. This staff memo provides information related to the first two topics. A second memo provides
additional information related to boards and commissions.
CIRSA presentation
The first part of the work session will focus on open meetings and open records laws. Sam Light, general
counsel for CIRSA (Colorado Intergovernmental Risk Sharing Agency), will provide a training and
opportunity for Council to ask questions about requirements for local government transparency, individual
liability as an elected official, social media, public meetings/accessibility bill and law enforcement liability.
Council Email Transparency
The second topic for the work session is a discussion around Council email transparency.
The Colorado Open Records Act (CORA) ensures that emails sent to and from public officials are public
documents that are open to inspection, with only limited exceptions. According to the City Attorney’s
office, the city receives an average of five CORA’s a year where staff have had to reach out to Council
and ask for forwarded communications in response to a CORA request. Often these are related to topics
of wide community interest. To provide some examples:
Question 2A in fall 2022
STR Tax question in fall 2022
Comments about the Aspen Times 2022
Communications concerning the lease to Aspen Mountain Tots and Playgroup Aspen - 2021
West End Traffic issues – fall 2021
Moratorium in Dec. of 2021 (ordinance 27)
Adam Frisch information 2023
Lumberyard – 2023
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Several elected community boards in Colorado provide a platform to display email messages that are
considered public records with user-friendly interfaces that make accessing these records much easier for
the public. These systems increase transparency and allow for people to access information without
needing to file a CORA request. Providing a public portal for Council emails could also ensure that the
public is able to access to all emails that would be responsive to a specific request.
City staff have researched an email transparency and archiving system that would allow for public posting
of Council emails for the City of Aspen through a public portal. The system utilizes an initial screening of
emails through a set of rules, automatically flagging emails that meet certain criteria and excluding them
from being displayed on the public portal.
For example, emails to or from the city attorney would be screened out to ensure confidentiality. In Fort
Collins, the City Attorney’s office reviews three to four days of recent emails stored in the system at a time
and then another team member does a “quality control” check. The attorney’s office scans the subject
lines of all the emails that were not already automatically restricted, looking for any that should be kept
out of the public folder because they contain information of a sensitive or confidential nature that was
perhaps not intended to be released. These are flagged as restricted, and a notation is made for each as
to why it was restricted. All the unrestricted messages are then placed in a folder where the public can
access them. This process on average takes about one hour of staff time per week.
Information and access to the portal for Fort Collins is available at this weblink:
https://www.fcgov.com/council/email-transparency.php
FINANCIAL IMPACTS:
The city received a proposal from the vendor that provides this software solution to other jurisdictions for
approximately $5,000 annually. The final cost for these services would be based on all of the elements of
the service.
Staff anticipates a cost savings through streamlining the review and publishing process.
CITY MANAGER COMMENTS:
ATTACHMENTS
CIRSA/Sam Light Slides
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Presented by: Sam Light, CIRSA Deputy Executive
Director/General Counsel
Elected Official Presentation
City of Aspen • March 18, 2024
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Introduction
•Suggestions for best practices that will enhance your effectiveness and success as
municipal officials – which in turn will reduce risk for the City and you individually. Topics
we will touch on include:
•The role of public official
•Transparency topics
•Organizational structure & liability
•Concluding thoughts – Q & A
•Presentation is a training resource only; is not intended to address or provide legal advice
on any specific, pending issues.
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Commit to the Role of Public Official
•Being a local elected official means your role has changed:
•Citizen → government official (24/7!)
•Outsider → insider
•Critic/proponent → representative-ambassador-steward-fiduciary of the City
as an entity and of the City Council as an institution.
•In the eyes of the community, you are always a public official!
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The Role of Public Official
•As local government officials, part of your role is delivering good governance
which, at root, is based both practically and legally on a few core concepts:
•Openness & Transparency (open meetings/records laws);
•Fundamental Fairness (due process);
•Predictability & Evenhandedness (equal protection, certiorari claims, etc.); and
•Civility & Mutuality of Respect
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Commit to Transparency
•Honor the “openness” requirement of the Open Meetings Law (OML). Applies when 3
or more members of governing body “meet” to discuss “public business”.
•A “meeting” is any kind of gathering convened to discuss public business, in
person, by phone, electronically, or by other means of communication.
•The “openness” rule is a “rule of three”, so what about one-on-one meetings?
•Using email, etc.? Be cognizant of OML and Open Records Act (CORA) requirements.
•Using social media? Be cognizant of risks and impacts; see https://www.cirsa.org/wp-
content/uploads/2019/06/Social-Media-Use-by-Elected-Officials.pdf.
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Transparency – Meeting Best Practices
•Great meetings don’t happen by happenstance. Individually and collectively, commit to
meeting best practices that build faith and trust in the governing body as an institution.
•Have consistent procedures for handling common meeting items, such as public
comment periods, procedures for Council deliberations, and the process for identifying
future agenda items.
•Use and embrace civility and mutuality of respect, no matter how difficult the
circumstances. Recognize that tone and temperament matter, particularly for public
officials in public settings.
•Adopt and use simple rules of procedure—for example, Bob’s Rules as an alternative to
Robert’s Rules—that will help facilitate, rather than debilitate, getting work done.
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Organizational Structure & Liability
•Another important risk management principle for everyone within the organization is to
recognize and honor their role—it is important that everyone “swim in their lane” to
avoid risks of liability, including the risk of personal liability!
•You have protection from personal liability under Colorado Governmental Immunity
Act (CGIA) if you are “within the scope of employment” and not acting “willfully and
wantonly.”
•Means everyone needs to know and respect their “job description.”
•Conduct that is “outside the scope” or “willful and wanton” can result in a loss of
governmental immunity and create liability, including the potential of personal
liability for you.
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Organizational Structure & Liability
•Can also result in potential loss of insurance coverage. Public official liability (POL)
policies follow “course and scope” and “willful and wanton” concepts. That is, they
extend coverage to elected officials “in their capacity as such” (or similar) and have
provisions excluding coverage where liability is based on willful & wanton conduct, etc.
•The CGIA provides a form of qualified immunity, but it is not an absolute shield.
Similarly, a federal form of qualified immunity protects government officials from liability
for civil damages “insofar as their conduct does not violate clearly established statutory
or constitutional rights of which a reasonable person would have known.”
•Recognize that certain liability risks—in particular civil rights claims—can be exacerbated
by “bad facts” that suggest (or are perceived to be based upon) retaliatory or reactive
conduct.
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Organizational Structure & Liability
•Tips to support the structure and avoid concerns around “role discipline” and “scope”:
•Respect the delegations of authority already made via your charter, ordinances and
organizational structure. Those allocations work to serve and protect the City and
the Council and its members, if honored.
•Your role is a group role; if you are thinking of acting individually, ask whether you
have authority to act (and if you don’t, don’t do it).
•Recognize elected officials—”the legislative and governing body”—act primarily as a
group and exercise responsibilities mainly by voting in a public meeting.
•Therefore, think “We” ... not “I”! If you find yourself about to act in terms of “I”
rather than “we” ...that’s a red flag.
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Organizational Structure & Liability
Where Does the City Council Focus its
Efforts?
Ownership
|
Governance
|
Management
|
Supervision
|
Front Line Employment
Legislative and Corporate Governance is:
•Policy-setting, big picture, and forward-looking, rather
than dealing with day-to-day, and rather than making
reactive, case-by-case decisions as issues arise, or after-
the-fact.
•Examples: General ordinances, annual budget, decisions
regarding corporate assets, appointment of Council
reports, corporate and quasi-judicial matters reserved to
the Council.
•The governing body should:
•Have longest time horizon—looks down the road.
•Have broad interests in mind.
•Work together in their fiduciary role to protect the
City as an entity and the Council as an institution.
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Organizational Structure & Liability
•From a risk management perspective, role discipline is particularly important in the areas
of employee relations and administrative matters assigned to staff. Except for the Council’s
direct reports, elected and appointed officials are not employee supervisors. Thus,
•Don’t get individually and improperly involved in personnel issues, or in administrative
matters, that have been assigned to staff. (Remember your Charter: Section 6.5 -
Relationship of Council to Administrative Service.).
•Such activities undermine your organizational structure, weaken the Council as an
institution, impact morale, and can create risks for the City and for you individually.
•Use your City Manager as your resource and point of contact. Support good
“information flow” and as a Council commit to speak with one voice to your manager
and other Council direct reports.
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Organizational Structure & Liability
•Commit to personnel conduct that strengths the WE - the governing body as an
institution. This sometimes requires personal sacrifices, such as:
•Setting aside a personal interest or agenda when there is lack of support.
•Accepting “the Council has spoken” though one preferred a different outcome.
•Accepting when “Our work is done”; i.e., the hand-off from Council → staff.
•Recognizing that individual efforts—e.g., liaison and representative roles—are in
service of the entity and governing body (the WE).
•Avoiding perceptions (internal or external) of “getting ahead” of or “speaking for”
the voice of Council where Council has not yet spoken.
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Elected Official & Governing Body Liability Risks
•Where do liability risks lie for elected officials and elected governing bodies?
•Civil rights claims (e.g., First Amendment, Due Process, Equal Protection)
•Employment practices – e.g. harassment, discrimination, retaliation
•Alleged “willful & wanton” conduct (state law intentional torts)
•Breach of ethics and/or fiduciary duty
•Open meetings/open records laws
•C.R.C.P. 106(a)(4) challenges to a “quasi-judicial” action of Council
•Declaratory or injunctive relief claims arising from Council action; e.g.,
challenging an ordinance or some other action
•Contract and quasi-contract claims
•Takings and regulatory takings claims
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Concluding Thoughts
•While there are many aspects of risk management that municipalities and their elected officials
cannot fully control—e.g., public perceptions, the actions of claimants, the inclinations of judges,
the enactments of federal and state legislatures, etc.—embracing wise leadership in the areas we
can control will support your success and reduce your risks. Some examples:
•Committing to a “no surprises” approach.
•Dealing honestly and effectively with discord.
•Committing always to civility & mutuality of respect and to avoiding and/or effectively
addressing “high conflict.”
•Touting your governing body’s, your organization’s, and your staff’s successes—builds faith
and trust that your government is getting good things done!
•Committing to service of the City as an entity and the governing body as an institution, and
embracing the fiduciary, stewardship, and “We” responsibilities of Council membership.
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Resources
CIRSA Elected Officials Handbook:
https://www.cirsa.org/wp-
content/uploads/2019/06/EthicsLiabilityBestPra
cticesHandbookForElectedOfficials.pdf
CIRSA Executive Director Tami Tanoue’s Webinar
on Ethics, Liability, and Best Practices for Elected
Officials:
https://www.cirsa.org/wp-
content/uploads/2020/05/Ethics-Liability-and-
Best-Practices-Webinar-2020.mp4
CIRSA “Law of Civility” Presentation:
https://www.cirsa.org/wp-
content/uploads/2022/06/The-Law-of-Civility-
Sam-Light.pdf.
Other CIRSA elected and appointed officials’
resources: https://www.cirsa.org/safety-
training/elected-officials/.
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About the Colorado Intergovernmental Risk Sharing Agency (CIRSA)
•Public entity self-insurance pool for property, liability, and workers’ compensation coverages.
•Formed by in 1982 by 18 municipalities pursuant to CML study committee recommendations.
•Not an insurance company, but an entity created by intergovernmental agreement of our
members.
•Total membership today stands at 287 member municipalities and affiliated legal entities
•Member-owned, member-governed organization.
•No profit motive – sole motive is to serve our members effectively and responsibly.
•CIRSA Board made up entirely of municipal officials.
•Seek to be continually responsive to the liability-related needs of our membership –
coverages and associated risk management services, sample publications, training, and
consultation services, as well as specialty services such as home rule charter review.
•We have the largest concentration of liability-related experience and knowledge directly
applicable to Colorado municipalities.
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Speaker Bio
Sam Light is Deputy Executive Director / General Counsel for the Colorado
Intergovernmental Risk Sharing Agency (CIRSA). Previously, Mr. Light was a partner
with the Denver law firm of Light | Kelly, P.C., specializing in municipal and other
public entity law, insurance law and defense of public entities and elected officials.
Sam is a frequent speaker on public entity risk issues and municipal law and has
practiced in Colorado since 1993.
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MEMORANDUM
TO:Mayor and City Council
FROM:Jenn Ooton, Senior Project Manager
THROUGH:Sara Ott, City Manager
MEMO DATE:March 5, 2024
MEETING DATE:March 18, 2024
RE:Boards and Commissions Expectations
REQUEST OF COUNCIL: The March 18 work session will cover a range of topics related to open meetings,
open records, and the expectations that Council has for its boards.
SUMMARY AND BACKGROUND:
This work session will cover three major topic areas: A presentation regarding Open Meetings and Open
Records Laws by CIRSA, information about email transparency, and a conversation regarding Boards and
Commissions.
Boards and Commissions Expectations
The third topic is a review of Council’s expectations for its advisory boards and commissions.
City Council appoints local boards, commissions, task forces, and committees to advise on a wide range
of policy issues. Boards and commissions provide in-depth examination of issues and a communication
channel between elected officials and the community, bringing a broad range of ideas and expertise to
public decision-making, assisting in the resolution of conflicts, and providing training for new leaders.
Aspen's charter requires permanent boards and commissions, including advisory and appeal boards, to
be created by ordinance, which also creates the policies and duties delegated to those boards and
commissions. Temporary, ad hoc committees may be created by resolution. The Charter says that no
member of the City Council, the mayor, any city employee, nor any appointed city official shall serve on
any permanent board or commission heretofore established or hereafter established by council during his
or her tenure as councilman, mayor, city employee, or appointed official. The city charter also specifies
that a permanent board or commission member be a resident of the city for at least one year and be a
qualified elector. It also provides a different term of residency — 2 years in Aspen or Pitkin County —
for the board of appeals.
The Aspen City Council creates new boards and commissions, fills vacancies, reappoints board and
commission members, eliminates boards and commissions, and removes members of any board or
commissions.
There are currently 15 boards and commissions that are appointed by the Aspen City Council or with
seats appointed by City Council. Of those, the majority are wholly appointed by Council.
Considerations for Council:
This work session is intended to gather direction from Council related to the ongoing work of boards and
commissions, including on the topic of hybrid meetings, communication with and from these boards, and
general best practices in governance for boards and commissions.
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Governance
There is not a single document that provides guidance for boards and commissions or their staff liaisons
that addresses best practices for operating these boards. There are requirements for boards and
commissions in their enacting ordinances, the municipal code, the city charter, and state Sunshine Law
requirements. Quasi-judicial boards and commissions are governed by language in the Municipal Code
and others are governed by ordinances, which do not appear in the code. These ordinances identify
scope, number of board members, terms, membership criteria, requirements for a quorum, etc. A few of
the boards and commissions also have bylaws or an operating charter that provide guidance for the way
in which business is conducted.
Staff believes that it is important to streamline information regarding board and commission guidance and
to have a uniform set of guidance for the operation of these public bodies. Additionally, the city has
created boards outside the governance of the city charter – by making boards non-permanent to allow for
different rules for individual boards/commissions.
Potential options for streamlining these procedures include:
Creating an additional section of the municipal code that provides information regarding boards
and commissions regarding the following:
o Record keeping, noticing and other open meeting requirements – making it clear that
Section 2.04.030 of the Municipal Code applies to these boards/public bodies regarding
open meetings, notes and minutes;
o Organization (including board duties, elections and terms of office); and,
o Membership requirements (including residency requirements)
This would allow for one-stop information for people looking for information about boards and
commissions. Currently, only those boards that have a quasi-judicial function have this
information codified.
Staff has added the enacting ordinances for these boards and commissions onto the Aspen.gov
website pages for the majority of the boards to make accessing information easier for the public.
Establishing a uniform set of bylaws that would address order of business, clarify parliamentary
procedures, election expectations for board officer positions, and public comment procedures.
In addition, staff would recommend that bylaws address guidance for hybrid meetings if Council
wants to provide specific direction on this topic. Currently this decision is at the discretion of the
board chair in consultation with the staff liaison.
Staff recommends that these bylaws provide guidance on whether there should be limits for the
number of times per year any one board member may appear via online attendance and whether
in-person attendance is expected for the chair of the meeting. Staff strongly recommends that the
chair of the board be in person for quasi-judicial proceedings.
Posing a city charter cleanup question to voters to modernize the governing document to
represent the ways in which the city operates today. For example, the charter does not allow
board members to sit on multiple boards, which is one reason that some boards have been
established as “non-permanent”. Additional changes could be made, including allowing term
limits, not requiring board members to be qualified electors or be residents of Aspen, and allowing
staff to sit on boards. (For a time, members of staff were seated on the non-permanent grants
steering committee). The Clerk’s Office reviewed its records and show that the following
committees have members who live outside of Aspen:
Grants Steering – 1
CCLC – 1
Kids First – 2
Wheeler – 6
ARC – 1
Communication and General Expectations
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Council has not established direction regarding consistency in communication from boards and
commissions, especially those that do not have specific decision-making authority and procedures
outlined in the Municipal Code or the board is not appointed wholly by the Council. Council members at a
recent Council work session indicated their deep appreciation for the many volunteers who serve on
boards and commissions. During that discussion, it was also noted that feedback from these boards and
commissions might not be making its way to Council members.
Staff sent a questionnaire to board chairs for the city’s boards and commissions asking about
communications, trainings and resources that the boards are lacking. Regarding ideas for better
communication with Council, staff received the following comments:
I think a regular cadence of info memos, with the option of council calling something up for a work
session if they'd like to provide alternatives or formal direction.
Perhaps having a Council member sit in on one of our meetings.
Staff does an excellent job. It is also valuable to have committee members at council meetings
when our business is discussed.
Regular newsletter or email.
They would benefit from understanding how to communicate with council and proper protocol
Joint meetings
I think our communication is good as is.
The current arrangement works well. Having an occasional check in with the City Council might
be beneficial.
It's not always clear what information or recommendations are needed by Council. Similarly, it's
not always clear what information is being brought back to council. If my board could have a
better understanding of when Council is going to be discussing issues pertinent to [the specific
board], we could provide more timely feedback.
Regarding the question about resources or support that would enhance the effectiveness of boards and
commissions, comments included a request for a clearer defined path for two-way communication with
Council, additional training on Robert’s Rules of Order, and a general discussion of ethics.
In January, Council started a new practice of having the Council members who represent the City of
Aspen on the Aspen Pitkin County Housing Authority lead a discussion at the Council table to share what
is happening at APCHA. This practice is expected to be ongoing.
The Wheeler Board also presented to Council during a work session in early February.
During this March 18 work session, staff would like to hear from Council what expectations it has
regarding communication to and from these boards.
Council could choose to have more meetings like these two examples above.
Other options include holding a single meeting each year to hear from each board or commission
chair about the work they are doing and to go over the work plan for the following year or for
boards to provide regular written communication about their work to Council on an established
basis.
Additionally, there might be a mismatch of the work that some boards and commissions are focused on
relative to the expressed written duties or expectations of Council.
At the January 22, 2024, work session Council gave direction to decommission the Next Generation
Advisory Commission. Are there other boards that Council would like to evaluate for decommissioning?
Hybrid Meetings
At the end of 2023, Council requested that staff provide information regarding hybrid meetings. Currently,
only a few a few boards and commissions offer hybrid meetings, including the Kids First Advisory Board
and the Wheeler Opera House Board.
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Notably, there have been requests for a virtual option for the Planning & Zoning Commission (P&Z) and
the Historic Preservation Commission (HPC). Pursuant to the City’s Land Use Code, both P&Z and HPC
have the power to review and approve a number of development applications, including relocation of
historic buildings, variances to design standards, and dimensional variances. Unlike advisory boards,
these two boards in particular have decision-making authority. Consequently, projects before these
boards often garner public attention, and, in some circumstances, generate both oral and written
comments from members of the public. Requests for hybrid meetings have come from both members of
the boards and members of the public wishing to provide public comment during meetings virtually.
Because HPC and P&Z have final decision-making powers, in some instances an appeal of the decision
may be filed directly with district court. If an appeal is taken, the City is required to produce a record of
the proceedings, including a transcript of the proceedings if available.
During COVID-19, many boards and commissions held all meetings virtually, and IT staff were present
during those meetings to troubleshoot technical problems for both commissioners and public attendees.
IT staff ensured that meetings were not disrupted, muting attendees speaking out of turn or who had
background noise. IT staff also assisted with identifying members of the public calling in from a phone,
ensuring staff were aware of who they were for purposes of providing public comment, and maintaining
an accurate record of the names of those providing comments.
Coming out of the pandemic both P&Z and HPC were given the option to continue with virtual meetings or
return to in-person meetings. Hybrid meetings were not an option because IT staff was no longer
available to provide assistance, and planning staff could not facilitate the meeting and provide IT
assistance, manage background noise and disruption online, and assure that the Commissioners were
visible on camera when speaking. Staff found that a dedicated and IT trained staff member was needed
to monitor the Zoom room, troubleshoot technological issues with the physical meeting room and virtual
platform, and ensure that all individuals and Commissioners were heard. Because an open Zoom meeting
is vulnerable to “zoom bombing” where someone takes over the meeting picture and sound to disturb the
proceedings, Zoom meetings for public meetings need to be held as webinars with only some of the
virtual participants being allowed to share their screen and camera. This also requires a staff member to
assist in moderation of the meeting, including allowing public comment for attendees who are not
panelists.
Accessibility
New House Bill 24-1168 would require any public meetings of local public bodies to be accessible in real
time through live streaming video or audio. It would also require the posting of any documents that would
be distributed or discussed 24 hours before the meeting or as soon as practicable before the meeting. If
the documents are not available to the public until distributed, they would need to be posted in real time
during the public meeting.
The legislation also requires that a public body provide any auxiliary aids to access the meeting for those
who request them. Auxiliary aids or services are an aid or service that is used to provide information to an
individual with cognitive, development, intellectual, neurological, or physical disability.
This bill is expected to be heard in committee at the Legislature on March 20.
Considerations for Hybrid Meetings
For City Council meetings, an IT staff member arrives early to ensure that staff members who need to
present their screen are in the meeting as panelists and staff throughout the meeting to ensure continuity
of the meeting.
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Staff recommends that additional staff be hired to support hybrid meetings. Specifically, P&Z and HPC
meet an average of 4 hours a month with each meeting being two hours. In the case of these land use
related meetings, additional support would be needed to conduct the meetings.
Hiring for the mid-point of the salary range with benefits for an additional IT Support Technician would
add $108,360 to the city’s budget.
Staff would not recommend that Grassroots broadcast other boards and commission meetings due to the
expense. Grassroots broadcasts City Council meetings and switches the cameras in the room to ensure
that at home viewers are able to see who is speaking. The contract for Grassroots is $70,270 and is based
upon 24 regular meetings and 72 work sessions – up to 4 hours each, gavel to gavel. Additional meetings
are charged based on a fee schedule.
DISCUSSION:
This work session is intended to hear from Council related to priorities for boards and commissions.
Staff recommends the following:
As a first step, directing staff to develop consistent bylaws for all boards and commissions.
That Council establish the expectations of boards and commissions communication with Council
based on the options presented.
Council determine whether all boards and commissions hold hybrid meetings. (Note: If the
legislature passes HB 24-1168 as introduced, local governments would be required to ensure that
the accessibility requirements are implemented by July 1, 2025.)
FINANCIAL IMPACTS:
The specific financial impacts will depend on additional staff members are needed to provide hybrid
meetings and any needed software and hardware changes to allow for the hosting of hybrid meetings.
Additionally, if Council chose to broadcast meetings through Grassroots, there would be additional costs
associated with that support.
CITY MANAGER COMMENTS:
ATTACHMENTS
CML Boards and Commissions Handbook
HB 24-1168
Boards and Commissions information
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BOARDS & COMMISSIONS
HANDBOOK
September 2018
Sara Ott / City of Aspen
Order # 62231 / Order Date: 1/9/2024
Copyright by CML
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Sara Ott / City of Aspen
Order # 62231 / Order Date: 1/9/2024
Copyright by CML
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TABLE OF CONTENTS
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Scope of this handbook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Municipal Government Structure: An Overview . . . . . . . . . . . . . . . . . . . . . .3
The democratic heritage of municipal government . . . . . . . . . . . . . . .3
The role of the governing body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
The role of the manager or administrator . . . . . . . . . . . . . . . . . . . . . . .3
The role of boards and commissions . . . . . . . . . . . . . . . . . . . . . . . . . .3
The role of the staff liaison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Meeting Procedure Basics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
General and legal requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Rules of procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Agenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
Conducting the meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
Involving the public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
Colorado’s Open Meetings Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
Scope of the Open Meetings Law - “Local public bodies” and
“meetings” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
Providing notice of the meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
Executive sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14
Penalties for violation of Open Meetings Law . . . . . . . . . . . . . . . . . .15
Ethics and Local Officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
Overview of state laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
Amendment 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18
Other issues and considerations regarding ethics . . . . . . . . . . . . . . .19
Sticky situations - Questions to ask . . . . . . . . . . . . . . . . . . . . . . . . . .20
Quisi-Judicial Decisions and Ex Parte Contact . . . . . . . . . . . . . . . . . . . . .22
What is an ex parte contact? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
Some Final Guideposts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24
Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24
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COLORADO MUNICIPAL LEAGUE 1
INTRODUCTION
Congratulations! Your appointment to a board or commission in your city or
town provides you with a valuable opportunity for public service, and your
time and effort are appreciated. Although the specific duties assigned to the
board or commission you serve on may vary, the information contained in
this handbook will serve as a general guide to
your new role .
Scope of this handbook
This handbook cannot address every subject that appointed board and
commission members may face . Nor does this handbook claim there is any
one best way for appointed board and commission members to perform
their jobs . Instead, it is a compilation of the ideas and experiences of a large
number of municipal officials from Colorado and other states, assembled
here with the hope that it may offer both veteran and newly appointed
officials the benefit of this perspective and experience.
State statutes provide considerable detail on what municipalities can and
cannot do . While this book does more than merely outline legal matters,
much of the content is based on pertinent provisions of the state statute .
This text is not intended as a substitute for study of the statutes or for
competent legal counsel .
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MUNICIPAL GOVERNMENT STRUCTURE: AN OVERVIEW
The democratic heritage of municipal government
Municipal officials, unlike their counterparts in federal and state offices, are
in direct contact with the citizens they serve on a continuing basis . Citizens
hold their local officials responsible for everything from the state of the
local economy to whether the potholes in the streets need repairing . This is
municipal government in action: a living demonstration that people who live
together in a community can and want to solve their own problems .
Colorado is home to 272 separate municipalities that range in population
from fewer than 20 residents to more than 600,000 .
Colorado cities and towns operate under provisions of Colorado state
statutes (and are referred to as “statutory” cities and towns) unless voters
adopt a municipal charter to become a “home rule” city or town . Home rule
is based on the concept that the citizens of a municipality have the right to
decide how their local government should be organized and how their local
problems should be solved . Municipal home rule derives its authority directly
from the Colorado Constitution . Home rule governance affords residents
freedom from the need for state-enabling legislation and protection from
state interference in both local and municipal matters .
The role of the governing body
Local governing bodies in Colorado may be in the form of an elected city
council or board of trustees. Elected officials become caretakers of their
community’s public life . The job of the municipal governing body is often
stated simply: set public policy .
The governing body sets the vision that reflects what they believe
best represents their constituency’s interests and sets priorities for the
municipality in order to develop this vision . One of the most important ways
the governing body does this is through the adoption of an annual budget .
The role of manager or administrator
The city (or town) manager is the chief administrative officer of the city and
is responsible directly to the city council for the performance of his or her
duties .1 The manager directs the work of staff in implementing the vision set
by the governing body .
The role of boards and commissions
Boards, commissions, and citizen committees provide the governing
body with a great deal of assistance by recommending public policy and
transforming policy decisions into action . Some boards or commissions are
required or permitted by statute, while others are created by ordinance,
resolution, or motion . Some are empowered to make administrative
1 C .R .S . § 31-4-211 .
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4 BOARDS & COMMISSIONS
decisions, others can only make recommendations to the governing
body, and still others are primarily fact-finding bodies. Some boards and
commissions are permanently established, while others are established for
a limited time to accomplish a single purpose and cease to exist once their
functions are completed .
Boards and commissions give the municipality an opportunity to leverage
the talents of local specialists in certain fields and permit community
members with special interests to serve the community in an area of
personal concern .
The first step to understanding a board or commission’s role in its
municipality is to look at the original authority for the creation of the board
or commission . This is found in a variety of places, such as the home rule
charter or in ordinances or resolutions . In some cases (such as planning
commissions), the authority is derived from state statute .
The second step to understanding the role of a board or commission is to
identify whether it is an advisory body or a decision-making body . Again,
this information can be found in the enabling authority of the board or
commission. Decision-making boards are those that have specific authority
to rule on policy decisions . Some examples of this type of boards and
commissions are planning commissions,2 liquor licensing authorities,3 and
zoning boards of adjustment .4 Your municipal attorney is also a resource for
clarifying your roles and responsibilities .
The role of staff liaison
Staff support is available to boards and commissions through the various
staff members assigned as liaisons to help each group . The staff liaison may
handle meeting logistics such as scheduling, setup, and public notification,
as well as agenda preparation and distribution . The staff liaison is a great
resource for any questions you may have .
2 C .R .S . § 31-23-202 .3 C .R .S . § 12-47-201, et seq .4 C .R .S . § 31-23-307 .
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COLORADO MUNICIPAL LEAGUE 5
MEETING PROCEDURE BASICS
This section is an overview of the methods for conducting meetings of city
and town boards and commissions . Please consult with your city or town
staff for specific guidelines that may apply to the board or commission on
which you serve . Legal considerations for conducting meetings under the
Open Meetings Law are discussed later in this manual .
General and legal requirements
Regular, required meetings
Regular meetings are those meetings of a municipal governing body,
such as the city council or town board, that occur at fixed or established
intervals . The statutes do not require either city or town boards or
commissions to meet at regular intervals . However, a municipal code
might set meeting requirements for certain or all boards and commissions .
Attendance expectations and requirements vary and may be outlined in your
municipality’s code or resolutions .
For persons serving on boards and commissions, you may be interested
in attending the regular meetings of your governing body in order
to understand the policies and processes on which you are making
recommendations and/or taking action . Your board or commission may
also be asked to present your recommendations at a regular meeting of the
governing body .
Special meetings
A special meeting of a municipal governing body is a separate session that
is held at a time different from that of the regular meeting . Special meetings
are convened most often to consider only one or two items of business that
require the immediate action of the board or commission prior to the next
regular meeting . The method for calling a special meeting, if permitted for a
board or commission, is often prescribed by local ordinance .
Rules of procedure
Each board and commission should adopt a set of rules by which to
operate . These rules can incorporate Robert’s Rules of Order5 or any other
set of prepared rules, or simply be established by the governing body . Such
rules guide the board or commission, make the process more stable and
predictable, and reduce disputes concerning correct procedure .
Meeting routine
Most agenda formats may be divided into two categories: (1) procedural
items of business that occur at most meetings (including the roll call,
opening ceremonies, reading and approval of minutes, etc .) and (2)
nonprocedural items of business that may vary from meeting to meeting .
5 Henry M . Robert, et al ., Robert’s Rules of Order Newly Revised (10th ed ., 1981) [hereinafter Roberts Rules of Order] .
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There is no “correct” organization or ordering of business, and state law
requires no particular order be followed . Many cities and towns, however,
have prescribed a local ordering of business, either by charter, ordinance,
resolution, or the body’s rules of procedure .
While variations on the order of business abound, a fairly common order
might look like this:
• Call to order
• Roll call
• Reading and approval of minutes
• Public comments
• Reports from officers or municipal staff
• Public hearings, final reading and voting
• Unfinished business
• New business
• Extended public hearings
• Adjournment
Agenda
A meeting’s agenda is the statement of the purpose for the meeting and the
basis of all other planning . A written copy of the agenda often is prepared
and distributed to board or commission members and other interested
persons to inform them of the specific items of business that will be
considered at a meeting .
While the municipal staff often prepares the agenda, this responsibility varies
from municipality to municipality and is usually set by the governing body .
Agenda analysis (Are meetings too long?)
An agenda should include only as many items of business as can be
considered in the time allotted for the meeting . If there are 32 items on the
agenda and each item is estimated to take “only” 10 minutes, the board or
commission is in store for a six-hour meeting . Reducing the number of items
placed on the agenda is often a difficult task. Some ideas to eliminate or
consolidate agenda items are:
• A specific type of decision may be handled by staff with a brief
summary report being made to the board or commission from time to
time .
• The board or commission may establish policies to handle reoccurring
decisions, then direct staff members to follow the policy .
• The board or commission may evaluate whether items are being
postponed to future meetings when they could be dealt with at the
present meeting . While decisions should not be made in a casual
or hasty manner, board and commission members should resist
postponing items in the hope that, at the next meeting, a whole new
set of facts will surface and make the decision easier . Delay, when
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COLORADO MUNICIPAL LEAGUE 7
it results in a better decision, is commendable; but delay, so that an
official does not have to act on a sticky question, may be inefficient
and irresponsible .
• The board or commission may set definite times for the meeting to
come to order and to adjourn . Few board or commission meetings
achieve much of value after four hours, and two hours is usually
enough time to allocate for most meetings . Time limits also may
be set for special hearings that are not required by law, for citizen
participation periods and for the debate by board and commission
members .
Conducting the meeting
Quorum
Before a body, such as a board or commission, may proceed to its first item
of business, the presiding officer must determine that a quorum is present.
A quorum is a majority of all the members of the body and it is a number
that, if present, is sufficient to transact most government business. In the
absence of a quorum, any business transacted and actions taken by the
body will be null and void . In fact, the only action that may be taken by a
board or commission in the absence of a quorum is a motion to adjourn .
The presiding officer
The presiding officer, often referred to as “the chair,” is the director and
leader of any meeting of the municipal body. It is the presiding officer’s
responsibility to see that the meeting moves forward in an orderly fashion,
that discussion is guided and controlled, and that the meeting runs as
smoothly as possible. For a board or commission, a similar presiding officer
is necessary to lead the smooth process of business .
The success of presiding officers may depend upon their ability to remain
impartial and to keep business moving . Frequent displays of partisanship or
favoritism risk destroying members’ and citizens’ respect for the presiding
officer.
Agenda item discussion
While there are several approaches to agenda item discussion and no single
“right” way to conduct the discussion, one possible format follows:
1. The presiding officer should announce the agenda item and briefly
describe the subject to be discussed .
2. The presiding officer should invite the appropriate people to report on
the item and provide recommendations . The report may come from a
member of the board or commission, municipal staff, or a member of
the public invited by the board or commission to provide information
on the item .
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3. The presiding officer should then open the agenda item to the board
or commission to ask questions .
4. If appropriate, the presiding officer may invite public comments
after the board or commission has had the opportunity to ask their
questions about the agenda item . More information on involving the
public is available in the section, “Involving the public .”
5 . Once the public comment period (if applicable) is over, the presiding
officer can request a motion to be made from a member of the board
or commission . A second is typically required to ensure that more
than one person on the board or commission is in agreement with
the motion before the question is posed to the rest of the body for
a vote. The presiding officer may wish to announce who made the
motion and the second for purposes of meeting minutes .
6. Once the motion has been made and seconded, the presiding officer
can entertain debate from the board or commission . If little or no
discussion takes place, the presiding officer can proceed directly
to the vote. If the discussion is lengthier, the presiding officer may
wish to restate the motion to be sure that everyone understands the
question before them prior to taking a vote .
7. After closing the discussion, the presiding officer calls for a vote.
The vote typically involves asking for the “ayes” and then the “nays .”
Unless specific legal provisions require a super majority, a simple
majority is all that is needed to pass a motion. The presiding officer
announces the results of the vote and may note the dissenting votes
for the purpose of meeting minutes .
Motions in a nutshell
Motions are vehicles for decision-making . There are three basic types of
motions:
• The basic motion. The basic motion is the one that puts forward a
decision for consideration . A basic motion might be: “I move that we
create a five-member committee to plan our annual fundraiser.”
• The motion to amend. If a member wants to change a basic motion
under discussion, he or she would move to amend it . A motion
to amend might be: “I move that we amend the motion to have a
10-member committee .”
• The substitute motion. If a member wants to completely do away with
the basic motion under discussion and put a new motion before the
governing body, that member would “move a substitute motion .” A
substitute motion might be: “I move a substitute motion that we cancel
the annual fundraiser this year .”
Other types of motions
Beyond the basic motions listed above, there are other types of motions that
are used on occasion during meetings . For more information about the types
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COLORADO MUNICIPAL LEAGUE 9
of motions and examples, please refer to Robert’s Rules of Order,
Newly Revised .
Involving the public
Each board or commission may afford members of the public an opportunity
to speak to any matter coming within the purview of the board or
commission . The board or commission may impose time limitations on such
public input as necessary to conduct the business of the meeting in a timely
and efficient manner.
The method by which citizens are allowed to speak at a board or
commission meeting varies from community to community, and the
procedures may be established by ordinance, resolution, rule, or tradition .
It is important to ensure that the ground rules of the meeting are known to
all, not just the chair . Remember that some of the public participants are
first-time visitors and some may have never participated in a professional
meeting before . Methods of allowing public comment include:
• Allowing the public to comment at any time throughout the meeting
as long as their comments are restricted to the agenda item currently
under consideration .
• Allowing a specific period during which the public is invited to speak
on matters listed on the agenda .
• Allowing a specific period during which the public is invited to speak
on any matter other than those listed on the agenda . This method is
often used in combination with one of the two previous methods .
When a board or commission holds a public comment period, it must
consider certain issues: How quickly will the commission or board respond
to a citizen’s request? Will any discussion be allowed? For example, if a
citizen brings a request for a drainage improvement on his or her property,
will discussion of this concern occur?
Public hearings
A public hearing is any meeting or portion of a meeting of a body, such as
the town board or commission, at which members of the public are given
the opportunity to speak on specific matters on the agenda for hearing. As
such, public hearings are distinguished from citizen participation or public
comment .
Some public hearings are required by law . The board or commission cannot
make a decision until it has concluded public hearing on the matter .
No public hearing can be successful unless the people attending the hearing
understand the issues to be discussed . The following recommendations can
promote orderly public participation during a public hearing .
• Establish rules of procedure before the hearing and read them at
the beginning of the hearing so that everyone understands how the
hearing will be conducted .
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10 BOARDS & COMMISSIONS
• Announce that issues will be considered in the order listed on the
agenda .
• Ask anyone who wishes to speak at the hearing to register or
otherwise sign-up to help keep track of comments and the persons
making those comments for the public record .
• Set time limits on how long speakers can talk and apply the limits on
every person who speaks .
• Allow each person who wishes to speak a chance to do so before
allowing a second round of comments .
• To clarify for the audience and the public record, ask each speaker
to begin by stating his or her name and address, any group being
represented, if any, and how many people he or she represents .
• Establish ahead of time whether board or commission members or
other participants at the hearing will be allowed to ask questions of a
speaker after his or her presentation .
• State that disruptive behavior will not be tolerated .
When a large number of citizens attend a meeting to speak about an issue,
there are a number of strategies to ensure that everyone’s opinion is heard
without unduly lengthening the meeting. The presiding officer can ask the
citizens to sign in either “for” or “against” the particular issue at hand, and
then request a representative from each group to speak on behalf of the
others . The body may also simply ask members in the audience who are in
agreement with the speaker to stand and acknowledge that fact in lieu of
speaking. Additionally, the presiding officer can set shorter time limits
per speaker .
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COLORADO MUNICIPAL LEAGUE 11
COLORADO’S OPEN MEETINGS LAW
All 50 states, as well as the federal government, have enacted a variation of
a “Sunshine Law,” requiring certain proceedings of government agencies to
be open to the public .
This section will answer the most common questions concerning the
requirements of Colorado’s Open Meetings Law:
• Who is covered?
• What is a “meeting”?
• When are “executive sessions” permitted?
• What advance notice of a meeting is required?
• What exemptions are there?
• What happens to those who violate the law?
Scope of the Open Meetings Law — “Local public bodies” and “meetings”
Put simply, the Open Meetings Law declares that whenever three or more
members (or a quorum of the members, if fewer than three) of the “local
public body” get together and public business is discussed or formal action
may be taken, the gathering is a “meeting” and must be open to the public .6
What is a “local public body”?
The Open Meetings Law defines a “local public body” to include political
subdivisions of the state, such as municipalities, and any other formally
constituted body of the political subdivision that performs an advisory,
policymaking, or rulemaking role .7 This definition, by its terms, includes
boards, committees, commissions and authorities of the municipality .
However, “persons on the administrative staff” of a local public body are
specifically excluded.8
What constitutes a “meeting”?
The statute broadly defines a “meeting” as “any kind of gathering, convened
to discuss public business, in person, by telephone, electronically, or by
other means of communication .”9 Conversely, chance meetings of public
officials, or social gatherings at which discussion of public business is
not the “central purpose,” are not subject to the provisions of the Open
Meetings Law .10 However, be aware that a chance meeting may develop
into a problem if you have a quorum of the body in attendance and the
conversation turns to official matters.
6 C .R .S . § 24-6-402(2)(b) .7 C .R .S . § 24-6-402(1)(a)(i) .8 C .R .S . § 24-6-402(1)(a)(i) .9 C .R .S . § 24-6-402(1)(b) .10 C .R .S .§ 24-6-402(2)(e) .
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12 BOARDS & COMMISSIONS
Meetings conducted by “telephone, electronically, or by other means of
communication”
The General Assembly has included electronic, as well as “other means” of
communication under the statutory definition of “meeting.”11
The Open Meetings Law now explicitly subjects the e-mail communication
of elected officials to the statutory requirements if it includes discussion of
pending legislation or other public business .12
What this means is that the open meetings requirements apply to your board
and commission, regardless of the manner in which the meeting is held .
For example, if a discussion of official matters unfolds over email and a
quorum of the body is included on the email, the open public meetings
requirements apply .13
Retreats
Under the expansive definition of “meeting” in the statute, “any kind of
gathering” that is held to discuss public business may qualify . Thus, if the
retreat is attended by three or more members of the local public body, or by
a quorum of the body (if fewer than three), and public business is discussed,
the retreat qualifies as an open meeting to which requirements for notice
apply .14 Of course, an unlimited number of administrative staff members may
attend the retreat, due to the specific exclusion of administrative staff from
the “local public body” definition.15
Providing notice of the meeting
The public cannot exercise its right to attend open meetings unless given
sufficient notice. Therefore, the Open Meetings Law requires that the public
receive “full and timely notice” of any meeting held, and the posting shall
include specific agenda information where possible.16
“Full and timely” notice
The statute does not explicitly specify or limit what may constitute “full and
timely notice .” The statute does, however, indicate that a meeting notice
must be posted in the designated public place no less than twenty-four
hours before the meeting .17 The courts have found that the notice provisions
of the Open Meetings Law establish a “flexible standard,” the requirements
11 C .R .S . § 24-6-402(1)(b) A meeting is also described in the context of email communications, is presumed by many municipal attorneys to imply that such email communications must occur in a “chat room” format or otherwise be contemporaneous, in order to constitute a “meeting .” At this writing, however, no Colorado court decision had adopted this presumption .12 C .R .S . § 24-6-402(2)(d)(III) This requirement presents numerous potential practical problems for local government officials seeking to comply with the openness, notice, and other requirements of the Open Meetings Law, in the email context . Close consultation with the municipal attorney is advised .13 However, electronic mail communication among elected officials that does not relate to pending legislation or other public business is not considered a meeting . C .R .S . § 24-6-402(2)(d)(III) .14 C .R .S . § 24-6-402(2)(c) .15 C .R .S .§ 24-6-402(1)(a) .16 C .R .S . § 24-6-402(2)(c),17 C .R .S . § 24-6-402(2)(c) .
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COLORADO MUNICIPAL LEAGUE 13
of which may vary depending on the particular type of meeting involved .18
However, the statute requires the local public body to designate the public
place where the body will post notice at its first regular meeting each year.19
Emergency meetings
Unlike similar statutes from other states, the Colorado Open Meetings Law
contains no reference to emergency meetings, which by their very nature
present a challenge in terms of public notice . The Colorado Court of Appeals
has recognized the need for municipalities to hold emergency meetings on
occasion, and has upheld an ordinance providing for such meetings without
prior public notice, where action taken would be ratified at a subsequent
public meeting for which full and timely notice is provided .20 The court
defined an emergency as “an unforeseen combination of circumstances or
the resulting state that calls for immediate action,”21 and acknowledged that
the notice requirement may be affected by the type of meeting involved .22
While this decision finds no conflict between a local emergency meeting
ordinance and the Open Meetings Law, officials should remain mindful of the
law’s intent and give as much notice as possible under the circumstances .
Direct notification requirements
The Open Meetings Law contains a provision requiring the clerk to maintain
a list of persons who have requested, within the previous two years, direct
notification of meetings, whether the request be for all meetings or only
when certain specified policies will be discussed.23
The clerk is required to provide these persons with “reasonable advance
notice” of such meetings, but the statute does not specify what sort of notice
or what time frame will be considered reasonable .24 Further, unintentional
failure to give this direct notification will not invalidate actions taken at an
otherwise properly published meeting .25
Minutes
The clerk, or other official in the clerk’s absence, must take the minutes
of any meeting of the local body “at which the adoption of any proposed
policy, position, resolution, rule, regulation, or formal action occurs or could
occur .”26 After the meeting, the minutes must be promptly recorded and are
considered a public record open to inspection .27
18 Town of Marble v. Darien, 181 P .3d 1148 (Colo . 2008) (citing Benson v . McCormick , 578 P .2d 651, 653 (Colo . 1978)); VanAlstyne v. Housing Auth. of the City of Pueblo, 985 P .2d 97, 100 (Colo . App . 1999) .19 C .R .S . § 24-6-402(2)(c) .20 Lewis v. Town of Nederland, 934 P .2d 848 (Colo . App . 1997); but see VanAlstyne v. Housing Auth. of the City of Pueblo, as to the limits of subsequent ratification of action taken in prior non-emergency meeting held without proper notice .21 Lewis v. Town of Nederland, 934 P .2d 848, 851 (Colo . App . 1997) (quoting Webster’s Third New International Dictionary 741 (1986)) .22 Lewis v. Town of Nederland, 934 P .2d 848, 851 (Colo . App . 1997) .23 C .R .S . § 24-6-402(7) .24 C .R .S . § 24-6-402(7) .25 C .R .S . § 24-6-402(7) .26 C .R .S . § 24-6-402(2)(d)(II) .27 C .R .S . § 24-6-402(2)(d)(II) .
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14 BOARDS & COMMISSIONS
Executive sessions
Because the underlying principle of the Open Meetings Law is that the
formation of public policy is public business, and therefore cannot be
conducted in secret, the exceptions provided by statute are limited and
strictly tailored to situations where the General Assembly has determined
that public discussion could be contrary to the public interest .
Topics of executive sessions
The statutes limit these private meetings, referred to as “executive
sessions,” to the following situations:
• the purchase, sale, or lease of real and personal property;
• attorney conferences;
• confidential matters under state or federal law;
• security arrangements or investigations;
• negotiations;
• personnel matters; and
• documents protected under Open Records Act .
Procedure for calling an executive session
Local government bodies may only call an executive session at a regular
or special meeting .28 While the Open Meetings Law requires “full and timely
notice” of the regular or special meeting, there is no notice requirement that
would impair the body from spontaneously calling an executive session
during one of its meetings .
The local government body must first announce the topic of discussion,
including the specific citation to the Open Meetings Law that authorizes
consideration of the announced topic in executive session, as well as
identify the particular matter to be discussed in as much detail as possible
without compromising the purpose for which the executive session is
authorized, and then vote on whether to hold the session for the purpose of
discussing only the topic announced . Two-thirds of the quorum present must
vote affirmatively before the local government body can close the meeting to
the public .29
The local government body cannot utilize the open meeting to simply
“rubber stamp” the position adopted by it while in executive session .30 The
public cannot “participate in a public meeting if [it] witnesses only the final
recorded vote .”31
28 C .R .S . § 24-6-402(4) .29 C .R .S . § 24-6-402(4) .30 Littleton Educ, Ass’n v. Arapahoe Cty Sch. Dist . No . 6, 553 P .2d 793, 798 (Colo . 1976); Bagby v . Sch . Dist . No . 1, 528 P .2d 1299, 1302 (Colo . 1974); Hudspeth v. Bd. of Cty. Comm’rs of Routt Cty ., 667 P .2d 775 (Colo . App . 1983) .31 Bagby v. Sch. Dist. No.1, Denver, 528 P .2d 1299, 1302 (Colo . 1974) .
Sara Ott / City of Aspen
Order # 62231 / Order Date: 1/9/2024
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COLORADO MUNICIPAL LEAGUE 15
The executive session record
The Open Meetings Law requires that an electronic record be made of an
executive session of a local public body,32 unless the attorney representing
the local public body (who must be in attendance) determines that the
attorney-client privilege applies to the executive session .33 The law requires
that executive session records reflect the “actual contents” of the discussion
during the session, as well as the citation to the specific provision of the
Open Meetings Law that authorizes the session . If a written record is used,
the record must include a signed statement by the person presiding over the
session attesting that the minutes “substantially reflect the substance” of the
discussion that took place .
The executive session record must be retained for at least 90 days following
the date of the executive session .34
Penalties for violation of Open Meetings Law
The underlying goal of the Open Meetings Law is to create an atmosphere
of openness in public matters, not to “punish” those who violate the
provisions . In keeping with this prevailing philosophy, the Colorado law
contains no criminal sanctions for noncompliance .
Although members of governing bodies do not risk criminal punishment for
transgressions, there are other consequences:
• Any action taken at a meeting that does not comply with the Open
Meetings Law requirements is void .35
• If the court finds that a public body has violated the Open Meetings
Law, it must award the prevailing citizen or citizens costs and
reasonable attorney fees .36
• There is also the potential for a serious loss of confidence in the
government when official actions are invalidated because laws aimed
at assuring open government are violated .
32 C .R .S . § 24-6-402(2)(d .5)(II)(A) .33 C .R .S . § 24-6-402(2)(d .5)(II)(B) . There is also an exception for electronic recordings of executive sessions discussing individual students . C .R .S . § 24-6-402(2)(d .5)(II)(A), C .R .S . § 24-6-402(4)(h) .34 C .R .S . § 24-6-402(2)(d .5)(II)(E) .35 C .R .S . § 24-6-402(8); See Gray v. City of Manitou Springs, 598 P .2d 527, 529 (Colo . App . 1979) .36 C .R .S . § 24-72-204(5 .5) . Furthermore, this award does not require that the violation be “knowing and intentional .” Zubeck v. El Paso Cty. Retirement Plan, 961 P .2d 597, 601-602 (Colo . App . 1998) .
Sara Ott / City of Aspen
Order # 62231 / Order Date: 1/9/2024
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16 BOARDS & COMMISSIONS
ETHICS AND LOCAL OFFICIALS
Overview of state laws
The Colorado Constitution, state statutes, and oftentimes local charters
and ordinances have provisions relating to ethical principles and conflicts of
interest . While this section provides an orientation to laws governing ethics,
the state conflict of interest statutes are subject to varied interpretations
and particular applications, depending on the facts of the situation . For
home-rule municipalities with local provisions that may conflict with state
provisions, a legal question may arise over which law controls . If you believe
your conduct may be affected by any of the state laws we describe, your
best course of action is to seek the guidance of your municipal attorney .
Ethics laws that apply to local government officials, including members of
boards and commissions, can be found in three separate sections of the
Colorado Revised Statutes37 as well in Article 29 of the State Constitution
(sometimes referred to as Amendment 41) .
Colorado “Code of Ethics”
The Colorado Code of Ethics38 identifies several rules of conduct for local
government officials, which includes boards and commissions, as well as
local government employees .
The following are explicitly prohibited:
• using confidential information for personal benefit;
• accepting gifts or economic benefits as rewards or inducements;
• transacting business with those one supervises or inspects;
• acting to benefit one’s business or client; and
• taking a personal or business interest in municipal contracts .
Exclusions from the Colorado “Code of Ethics”
The code provides that it is not a breach of fiduciary duty or the public trust
for a local government official or employee to:
• use local government facilities or equipment to communicate with
constituents, family members or business associates, (as long as the
use of these facilities is not otherwise prohibited, such as for campaign
purposes), or
• accept or receive benefits as an indirect consequence of transacting local
government business .39
37 C .R .S . §24-18-101, et seq .; C .R .S . § 31-4-404; C .R .S . § 18-8-308 .38 C .R .S . § 24-18-101, et seq .39 C .R .S . § 24-18-109(4) .
Sara Ott / City of Aspen
Order # 62231 / Order Date: 1/9/2024
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COLORADO MUNICIPAL LEAGUE 17
The municipal “disclosure and abstention” statute
The disclosure of conflicts of interest and abstention from voting rules are
found at C .R .S . § 31-4-404(2) and (3) . These statutory provisions require
that a member of the governing body of a city or town who has a “personal
or private” interest in any matter proposed or pending before the governing
body shall:
• disclose such interest to the governing body,
• not vote, and
• not attempt to influence the votes of other members of the governing
body .40
However, a member of the governing body may vote notwithstanding his or
her personal or private interest if:
• the member’s participation is necessary to achieve a quorum or
otherwise enable the body to act, and
• disclosure prior to official activity is made pursuant to the voluntary
disclosure provision of the Code of Ethics .41
Board and commission members should avoid voting on matters in which
they may have a conflict of interest, as well as avoid attempting to influence
other members on those matters. Such conflicts should be properly
disclosed . If a situation like this arises, consult with your municipal attorney .
Colorado Criminal Code
The Colorado Criminal Code contains additional disclosure requirements
affecting local government officials and employees.
The disclosure requirement is triggered when a local government official has
a “known potential conflicting interest” affected by an impending exercise of
a “substantially discretionary function with respect to a government contract,
purchase, payment, or other pecuniary transaction .”42 The code provision
requires disclosure in writing to the Secretary of State 72 hours before any
action is taken .
Voluntary disclosure
Section 24-18-110 provides for voluntary disclosure by a local government
official or employee of the “nature of his private interest” prior to acting in
a manner that may impinge upon fiduciary duty and the public trust. The
statute provides that such disclosure will be a defense for the local official in
any civil or criminal action, or against “any sanction .” Note that this defense
is for the individual; it does not protect the official action tainted by a conflict
from being voided, if otherwise voidable .
40 C .R .S . § 31-4-404(2) .41 C .R .S . § 31-4-404(3) .42 C .R .S . § 18-8-308 .
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18 BOARDS & COMMISSIONS
Proper disclosure requires the disclosure to be in writing and delivered to
the Secretary of State . Disclosure should include the following elements:
• amount of financial interest, if any;
• purpose and duration of services rendered, if any;
• compensation received for services; or
• “such other information as is necessary to describe” the interest .
If the act is then performed, the official or employee shall state for the record
the fact and nature of the interest involved .
Amendment 41
At the statewide general election in November 2006, the voters of Colorado
adopted Amendment 41, which added a new Article (XXIX) to the state
Constitution . The amendment’s language, which is couched in very broad
terms, limits receipt of gifts exceeding $50 (subject to inflation; the 2018
amount is $59)43 from any particular donor in a given year by municipal
municipal employees and officials, among others. This broad language has
spawned efforts within the legislature and the courts to define the practical
reach of Amendment 41 .
Amendment 41 provides for creation of an Independent Ethics Commission
(IEC) and empowers the IEC to issue “advisory opinions” on ethics issues
arising under the Amendment . The Commission has provided guidance on
gifts that would not qualify as having substantial value, including:
• Unsolicited gifts of trivial value;
• Gifts valued less than $59 (and not given by a lobbyist);
• Gifts from relatives and friends for special occasions;
• Inheritances;
• Expense reimbursements;
• Campaign contributions;
• Scholarships;
• Honoraria for public speaking engagements; and
• Prizes, raffles, lotteries, etc.
The IEC’s position statement clarifying acceptable gifts is available
on the its website at www.colorado.gov/pacific/sites/default/files/
PositionStatement_08-01_IEC.pdf .
As a reminder, the guidelines presented here are those declared by the
IEC; your municipality may have local regulations prohibiting certain gifts for
board and commission members .
43 The gift limit was originally $50, adjusted every four years for inflation and is $59 as of the date of this publication . However, $53 is the amount listed in the implementing statute because it has not yet been updated . See Colorado Independent Ethics Commission, Ethics Handbook (2016), www.colorado.gov/pacific/sites/default/files/IEC_Ethics_Handbook_2016.pdf.
Sara Ott / City of Aspen
Order # 62231 / Order Date: 1/9/2024
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COLORADO MUNICIPAL LEAGUE 19
Other issues and considerations regarding ethics
In addition to legal requirements, a number of other laws, principles, and
related issues involve ethics for municipal officials.
Nonbinding ethical “principles” in the Colorado State Statutes
Colorado statute44 provides “ethical principles” that are intended to provide
supplemental guidance for ethical behavior . The statute provides:
The principles in this section are intended as guides to conduct and do not
constitute violations as such of the public trust of office or employment in
state or local government .
A public officer, a local government official, or an employee should not
acquire or hold an interest in any business or undertaking which he has
reason to believe may be directly and substantially affected to its economic
benefit by official action to be taken by an agency over which he has
substantive authority .
A public officer, a local government official, or an employee should not,
within six months following the termination of his office or employment,
obtain employment in which he will take direct advantage, unavailable
to others, of matters with which he was directly involved during his term
of employment . These matters include rules, other than rules of general
application, which he actively helped to formulate, and applications,
claims, or contested cases in the consideration of which he was an active
participant .
A public officer, a local government official, or an employee should not
perform an official act directly and substantially affecting a business or other
undertaking to its economic detriment when he has a substantial financial
interest in a competing firm or undertaking.
Nepotism and cronyism
Nepotism is commonly defined as “favoritism (as in appointment to a job)
based on kinship .” Cronyism is “partiality to cronies especially as evidenced
in the appointment of political hangers-on to office without regard to their
qualifications.”
While neither cronyism nor nepotism is specifically prohibited by Colorado
law, some local governments in Colorado have taken the initiative to
pass their own anti-nepotism ordinances . However, even absent express
prohibitions on cronyism or nepotism, municipal officials should be aware
that there may be times when disclosure and abstention from voting on
matters that directly concern their relations, close friends, or financial or
political supporters may be desirable .
Board and commission members at times excuse themselves from votes
regarding these matters to avoid the potential appearance of impropriety . If
a situation like this arises, consult with your municipal attorney .
44 C .R .S . § 24-18-105 .
Sara Ott / City of Aspen
Order # 62231 / Order Date: 1/9/2024
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20 BOARDS & COMMISSIONS
Expectations of your community
It is important to note that laws are limited in their ability to provide guidance
for every situation you encounter . While an action may be legal, it may
not necessarily be ethical or viewed by the public as ethical behavior . As
many popular references suggest, laws should be regarded as a floor
for ethical behavior, not a ceiling . The public may not be aware of all the
laws that apply to your position as a public official; nonetheless they will
have expectations of your behavior and will hold you to a high standard—
regardless of the law .
What the public expects from public officials:
• honesty;
• decisions that put the community first, rather than the interests of the
individual public official;
• an open, impartial and fair decision-making process;
• respect for individual rights and community rights;
• accountability;
• forthrightness;
• decorum and professionalism; and
• personal character and lawful personal behavior .
Sticky situations — Questions to ask
Unfortunately, not all of our questions involving ethics are black and white
or addressed clearly in the laws. When you are faced with a difficult ethical
question, it may be helpful to ask yourself the following questions:
1. What does the law require in this situation?
The law should be considered a minimum standard for ethical
conduct . It can and should be a starting point for your decisions .
2. What does our own municipal ethics code require in this situation?
If your city or town has a locally adopted ethics code, make sure you
understand it and apply it to your decisions . Like state laws, local
ethics codes always should be considered a floor for your decisions,
not a ceiling .
3. Is this a right vs. wrong situation? Is the issue simply that doing the
“right” thing involves significant personal cost?
Remember, your responsibility is to do the right thing for your
community, regardless of personal cost . Ethics and the associated
legal requirements are written to avoid improper conduct, not to
serve as an excuse for avoiding politically difficult decisions.
4. Would I be embarrassed to read about my actions in the local
newspaper?
This is a simple “self-test,” but can be very useful in clarifying a sticky
situation!
Sara Ott / City of Aspen
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COLORADO MUNICIPAL LEAGUE 21
5. Which decision will build or preserve the most public confidence in
our municipality and the leadership of this governing body?
The public expects you to base your conduct on the highest
standards — even the appearance or perception of unethical
behavior can test the public’s confidence in your leadership.
6. Which decision is most consistent with my values?
Is it fair? Compassionate? Respectful of all parties involved? Am I
keeping my word?
7. Does this decision represent the interests of everyone in my
community? Are there other stakeholders or members of the public
who should be heard before this decision is made?
Keeping your procedures open and accessible to the public not only
ensures that everyone has an opportunity to be heard, but also that
you make the best decisions for your community .
8. Does this decision involve conflicting values? If so, what are the
facts? Is there a decision that best reflects my responsibility to the
community as a whole? Does this decision do more good than
harm? Is there something we can do to make this decision more fair
and equitable?
Sometimes, no matter what you do, there will be someone in your
community who disagrees with your decision . However, if you have
carefully thought through all of these considerations, you can be
assured that you have done everything possible to ensure a fair —
and ethical — decision .
Sara Ott / City of Aspen
Order # 62231 / Order Date: 1/9/2024
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22 BOARDS & COMMISSIONS
QUASI-JUDICIAL DECISIONS AND EX PARTE CONTACT
A quasi-judicial decision occurs when a non-judicial body interprets the law
to make a decision . Boards and commissions do not always make quasi-
judicial decisions, but in certain circumstances they may . Quasi-judicial
decisions involve the implementation of a previously adopted policy, rather
than the declaration of new policy . When a board acts as a quasi-judicial
body, it is important for the board’s members to avoid ex parte contact .
What is an ex parte contact?
Broadly defined, an ex parte contact is any written or verbal communication
initiated outside of a regularly noticed public hearing between an official with
decision-making authority and one or more of the parties, but not all of the
parties, concerning a particular subject matter that is under, or that is about
to become under, consideration by that official, and that seeks either to
influence, or present information relating to, that matter which is the subject
of the decision . The term is usually used in a courtroom context: the judge
cannot discuss a case with either party or their attorney without the other
party and the attorney being present . The term is equally applicable to any
quasi-judicial matter pending before a local governmental body; including
a board or commission with quasi-judicial authority . An ex parte contact
includes discussing an upcoming hearing or decision with the applicant or
the party protesting the application .
Why are ex parte contacts before making a quasi-judicial decision improper?
• All parties are entitled to have the matter heard by an impartial
person or body . At the very least, ex parte contacts, whether the
contacting person is an applicant or a protestant, call into question the
impartiality of the decision maker .
• Every quasi-judicial decision must be supported by findings of fact,
and the findings of fact must be based solely upon the evidence
as it appears in the record of the proceeding . The record of the
proceedings consists only of matters presented at the hearing, not
anything presented before or after the hearing . Therefore, to have a
defensible record, only evidence presented during the hearing, on
the record of the hearing, may be relied upon in reaching the body’s
decision .
• In some instances, the parties have the right of cross-examination of
the opposing side . They cannot cross-examine an ex parte contact .
• In the event one party challenges the final decision, you can be sure
any ex parte communications will be included as one of the grounds
for reversing the decision .
What do I do if someone attempts to contact me before a hearing?
• Stop the person . If it is a verbal contact, advise the person that you
are sitting as a judge in the matter and you cannot listen to or review
anything about the issue prior to the hearing .
Sara Ott / City of Aspen
Order # 62231 / Order Date: 1/9/2024
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COLORADO MUNICIPAL LEAGUE 23
• Disclose the contact . At the next public meeting or prior to the hearing
on the public record, advise the remaining members of the board and
the parties regarding the contact, your response, and whether or not
you think you can make an impartial decision based on the evidence
presented at the hearing despite the contact .
• Consider whether the ex parte contact requires abstention . An ex
parte contact, by itself, is usually not enough to reverse the final
decision or require you to abstain from voting on the issue . Each
individual contact must be reviewed to determine whether it affects
your impartiality or ability to consider the matter fairly, whether it
creates an appearance of impropriety, whether it creates a conflict
such that you cannot participate in the decision-making process,
or whether it otherwise affects the rights of the parties seeking the
decision to “fundamental fairness” or due process in the decision-
making proceedings .
• Consider adopting formal procedures. It is difficult to tell a neighbor
or a constituent that you cannot talk to them about an issue that
may be very important to them . Very often constituents are unable to
understand why they cannot speak about particular issues to those
that have been elected or appointed to represent those constituents .
It may help to have specific procedures that the governing body or the
planning commission has adopted that you can point to as the reason
you cannot handle a quasi-judicial issue in the same manner as you
do other legislative or administrative issues . This will also
help to make sure all board members handle ex parte contacts
in the same manner .
At the very least, ex parte contact can give the appearance of impropriety . At
worst, ex parte contact may be grounds for reversal of a decision, a lawsuit,
charges of undue influence or coercion, or bribery.
Sara Ott / City of Aspen
Order # 62231 / Order Date: 1/9/2024
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24 BOARDS & COMMISSIONS
SOME FINAL GUIDEPOSTS
Municipal government is a team operation .
There are many sources of information about municipal government
available to members of boards and commissions . The publications,
information, and services of the Colorado Municipal League, meetings,
institutes and conferences for municipal officials, and journals of the various
professional associations of municipal officers and employees all provide
basic information about the many problems and activities of municipal
government .
In addition, there are specialists and professional consultants who can
help with technical problems . Remember, however, that these persons
are advisers and that the policy decisions should be left to the board or
commission member .
No state law, handbook or any other guide can adequately outline the board
or commission member’s role in the governmental process . Yet, members
of boards and commissions have a real responsibility to the citizens .
Members of boards and commissions are the trustees and custodians of the
privilege of local self-government in this country, and the individual member,
regardless of the size of the municipality, is engaged in the vital process of
making American democracy work .
Resources
Acknowledgements
Many thanks to the City of Commerce City and the City of Fort Collins for
providing their Boards and Commissions Manuals as sources of information
for this handbook . CML also thanks former Aurora Deputy City Clerk Karen
Goldman for her valuable feedback and edits .
Related CML publications
Colorado Municipal Government: An Introduction
Open Meetings, Open Records
Ethics Handbook
Handbook for Municipal Elected Officials
Municipal Candidates Guide
Public Officials Liability Handbook
Visit www.cml.org to learn more or to order .
Sara Ott / City of Aspen
Order # 62231 / Order Date: 1/9/2024
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Sara Ott / City of Aspen
Order # 62231 / Order Date: 1/9/2024
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Sara Ott / City of Aspen
Order # 62231 / Order Date: 1/9/2024
Copyright by CML
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Sara Ott / City of Aspen
Order # 62231 / Order Date: 1/9/2024
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Sara Ott / City of Aspen
Order # 62231 / Order Date: 1/9/2024
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Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0541.01 Nicole Myers x4326 HOUSE BILL 24-1168
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
CONCERNING EQUAL ACCESS TO PUBLIC MEETINGS.101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill requires state and local public bodies (public bodies) to
ensure that the following accessibility requirements are implemented by
July 1, 2025:
!Any public meeting at which public business is discussed,
formal action may be taken, or recommendations to the
governing body of the public body may be discussed
(meeting) held by a public body is required to be accessible
in real time by live streaming video or audio that is
HOUSE SPONSORSHIP
Froelich and Rutinel,
SENATE SPONSORSHIP
Hinrichsen,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
58
recorded and accessible to individuals with disabilities;
!A public body is required to post on its website, at least 24
hours before a meeting, any documents that will be
distributed during the meeting;
!For any meeting of a public body during which public
testimony will be heard, the public body is required to
allow any individual to participate in the meeting and offer
public testimony by using a video conferencing platform
unless the meeting occurs in a geographic location that
lacks broadband internet service; and
!A public body is required to provide any auxiliary aids or
services requested in time for the meeting for which they
were requested. A public body may require that a request
for auxiliary aids or services to attend a meeting of the
public body with the use of the video conferencing
platform be made up to 7 days before the date of the
meeting.
Nothing in the bill prohibits a public body from promulgating rules
for the administration of public testimony so long as the rules apply to
both in-person and remote testimony, and nothing in the bill requires a
public body to provide hardware or software or internet or phone access
at an individual's home.
The failure of any public body to comply with the applicable
requirements of the bill constitutes discrimination on the basis of
disability. Any individual who is subjected to a violation is entitled to
seek relief as currently provided in law.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
hereby finds and declares that:3
(a) The federal "Americans with Disabilities Act of 1990" has4
been law for over three decades;5
(b) The federal "Americans with Disabilities Act of 1990"6
mandates equal access to everyday activities for individuals with7
disabilities;8
(c) Many places of public business continue to be inaccessible to9
individuals with disabilities; and10
HB24-1168-2-
59
(d) It is the right of every individual to participate in public1
discourse and it is imperative to a healthy and functional democracy that2
all citizens have access to their government.3
(2) The general assembly further finds and declares that it is4
necessary to codify the right to accessible and transparent governance to5
protect access and promote greater equity.6
SECTION 2. In Colorado Revised Statutes, add part 17 to article7
1 of title 29 as follows:8
PART 179
ACCESSIBILITY OF LOCAL GOVERNMENT10
29-1-1701. Local public bodies - meetings - accessibility -11
definitions. (1) AS USED IN THIS PART 17, UNLESS THE CONTEXT12
OTHERWISE REQUIRES:13
(a) "AUXILIARY AIDS OR SERVICES" MEANS AN AID OR SERVICE14
THAT IS USED TO PROVIDE INFORMATION TO AN INDIVIDUAL WITH A15
COGNITIVE, DEVELOPMENTAL, INTELLECTUAL, NEUROLOGICAL, OR16
PHYSICAL DISABILITY, AND IS AVAILABLE IN A FORMAT OR MANNER THAT17
ALLOWS THE INDIVIDUAL TO BETTER UNDERSTAND THE INFORMATION.18
(b) (I) "LOCAL PUBLIC BODY" MEANS ANY BOARD, COMMITTEE,19
COMMISSION, AUTHORITY, OR OTHER ADVISORY, POLICY-MAKING,20
RULE-MAKING, OR FORMALLY CONSTITUTED BODY OF ANY POLITICAL21
SUBDIVISION OF THE STATE AND ANY PUBLIC OR PRIVATE ENTITY TO WHICH22
A POLITICAL SUBDIVISION, OR AN OFFICIAL THEREOF, HAS DELEGATED A23
GOVERNMENTAL DECISION-MAKING FUNCTION BUT DOES NOT INCLUDE24
INDIVIDUALS ON THE ADMINISTRATIVE STAFF OF THE LOCAL PUBLIC BODY.25
(II) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1)(b)(I)26
OF THIS SECTION, TO ASSURE SCHOOL BOARD TRANSPARENCY, "LOCAL27
HB24-1168-3-
60
PUBLIC BODY" INCLUDES MEMBERS OF A BOARD OF EDUCATION, SCHOOL1
ADMINISTRATION PERSONNEL, OR A COMBINATION THEREOF WHO ARE2
INVOLVED IN A MEETING WITH A REPRESENTATIVE OF EMPLOYEES AT3
WHICH A COLLECTIVE BARGAINING AGREEMENT IS DISCUSSED.4
(III) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1)(b)(I)5
OF THIS SECTION, "LOCAL PUBLIC BODY" INCLUDES THE GOVERNING BOARD6
OF AN INSTITUTE CHARTER SCHOOL THAT IS AUTHORIZED PURSUANT TO7
PART 5 OF ARTICLE 30.5 OF TITLE 22.8
(c) "PUBLIC MEETING" MEANS ANY MEETING HELD BY A LOCAL9
PUBLIC BODY AT WHICH PUBLIC BUSINESS IS DISCUSSED, FORMAL ACTION10
MAY BE TAKEN, OR RECOMMENDATIONS THAT MAY BE MADE TO THE11
GOVERNING BODY OF A LOCAL PUBLIC BODY MAY BE DISCUSSED.12
(2) EACH LOCAL PUBLIC BODY SHALL ENSURE THAT THE13
ACCESSIBILITY REQUIREMENTS SPECIFIED IN THIS PART 17 ARE14
IMPLEMENTED BY JULY 1, 2025, TO ENSURE THE FULL AND EQUAL15
ENJOYMENT OF THE LOCAL PUBLIC BODY BY INDIVIDUALS IN PROTECTED16
CLASSES, INCLUDING INDIVIDUALS WITH DISABILITIES, AS REQUIRED BY17
SECTIONS 24-34-601 AND 24-34-802.18
(3) (a) ANY PUBLIC MEETING MUST BE ACCESSIBLE IN REAL TIME19
BY LIVE STREAMING VIDEO OR AUDIO THAT IS RECORDED AND ACCESSIBLE20
TO INDIVIDUALS WITH DISABILITIES.21
(b) A LOCAL PUBLIC BODY MUST POST ON ITS WEBSITE ANY22
DOCUMENTS THAT WILL BE DISTRIBUTED OR DISCUSSED DURING A PUBLIC23
MEETING. A LOCAL PUBLIC BODY MUST POST SUCH DOCUMENTS AT LEAST24
TWENTY-FOUR HOURS BEFORE THE PUBLIC MEETING OR, IF POSTING THE25
DOCUMENTS TWENTY-FOUR HOURS BEFORE THE PUBLIC MEETING IS NOT26
POSSIBLE, AS SOON AS PRACTICABLE BEFORE THE PUBLIC MEETING; EXCEPT27
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THAT, IF THE DOCUMENTS ARE CONFIDENTIAL OR PRIVILEGED, NOT1
AVAILABLE TO THE PUBLIC UNTIL DISTRIBUTED OR DISCUSSED, OR NOT IN2
THE LOCAL PUBLIC BODY'S POSSESSION BEFORE THE MEETING, A LOCAL3
PUBLIC BODY MUST POST THE DOCUMENTS IN REAL TIME DURING THE4
PUBLIC MEETING. ANY DOCUMENTS THAT A LOCAL PUBLIC BODY POSTS5
PURSUANT TO THIS SUBSECTION (3)(b) MUST MEET CURRENT PREVAILING6
DOCUMENT AND INTERNET ACCESSIBILITY STANDARDS AND MUST REMAIN7
AVAILABLE TO THE PUBLIC ON THE LOCAL PUBLIC BODY'S WEBSITE FOR8
ON-DEMAND USE IN THE SAME MANNER IN WHICH THE LOCAL PUBLIC BODY9
MAKES THE WRITTEN RECORD OF THE MEETING AVAILABLE TO THE PUBLIC.10
(c) A LOCAL PUBLIC BODY MAY, IN ITS DISCRETION, MAKE THE11
VIDEO OR AUDIO RECORDING OF ANY PUBLIC MEETING AVAILABLE TO THE12
PUBLIC FOR ON-DEMAND USE.13
(4) (a) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4)(b) OF14
THIS SECTION, FOR ANY PUBLIC MEETING DURING WHICH THE LOCAL15
PUBLIC BODY WILL HEAR PUBLIC TESTIMONY, THE LOCAL PUBLIC BODY16
MUST ALLOW ANY INDIVIDUAL TO PARTICIPATE IN THE PUBLIC MEETING17
AND OFFER PUBLIC TESTIMONY BY USING A VIDEO CONFERENCING18
PLATFORM. THE LOCAL PUBLIC BODY MUST ENSURE THAT ANY INDIVIDUAL19
SEEKING THE USE OF A VIDEO CONFERENCING PLATFORM TO PARTICIPATE20
IN THE PUBLIC MEETING IS PROVIDED ACCESS TO THE PUBLIC MEETING BY21
USE OF THE VIDEO CONFERENCING PLATFORM AT THE SAME TIMES AND22
UPON THE SAME TERMS AS INDIVIDUALS WHO APPEAR AT THE PUBLIC23
MEETING IN PERSON. IT IS IN A LOCAL PUBLIC BODY'S DISCRETION TO24
DETERMINE WHICH VIDEO CONFERENCING PLATFORM WILL BE USED FOR25
SUCH PARTICIPATION SO LONG AS THE PLATFORM IS ACCESSIBLE TO26
INDIVIDUALS WITH DISABILITIES.27
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(b) NOTHING IN THIS PART 17 PROHIBITS A LOCAL PUBLIC BODY1
FROM PROMULGATING RULES FOR THE ADMINISTRATION OF PUBLIC2
TESTIMONY SO LONG AS THE RULES APPLY TO BOTH IN-PERSON AND3
REMOTE TESTIMONY.4
(c) THE REQUIREMENTS OF SUBSECTION (4)(a) OF THIS SECTION DO5
NOT APPLY WHEN A PUBLIC MEETING OCCURS IN A GEOGRAPHIC LOCATION6
THAT IS IN AN UNSERVED AREA OF THE STATE, AS DEFINED IN SECTION7
40-15-102 (32).8
(d) A LOCAL PUBLIC BODY THAT IS EXEMPT FROM THE9
REQUIREMENTS OF SUBSECTION (4)(a) OF THIS SECTION SHALL USE AN10
ALTERNATIVE TO A VIDEO CONFERENCING PLATFORM, SUCH AS A11
TELEPHONE CONFERENCE CALL, TO ALLOW PARTICIPATION IN A PUBLIC12
MEETING. THE ALTERNATIVE OPTION USED MUST BE ACCESSIBLE TO13
INDIVIDUALS WITH DISABILITIES.14
(5) (a) A LOCAL PUBLIC BODY MAY REQUIRE THAT A REQUEST FOR15
AUXILIARY AIDS OR SERVICES TO ATTEND A PUBLIC MEETING OF THE16
LOCAL PUBLIC BODY WITH THE USE OF THE VIDEO CONFERENCING17
PLATFORM SELECTED BY THE LOCAL PUBLIC BODY PURSUANT TO18
SUBSECTION (4)(a) OF THIS SECTION BE MADE UP TO SEVEN DAYS BEFORE19
THE DATE OF THE PUBLIC MEETING FOR WHICH THE AUXILIARY AIDS OR20
SERVICES ARE REQUESTED.21
(b) A LOCAL PUBLIC BODY SHALL PROVIDE ANY AUXILIARY AIDS22
OR SERVICES TIMELY REQUESTED PURSUANT TO SUBSECTION (5)(a) OF THIS23
SECTION IN TIME FOR THE PUBLIC MEETING FOR WHICH THE AUXILIARY24
AIDS OR SERVICES WERE REQUESTED WITHOUT REQUIRING OR REQUESTING25
AN EXPLANATION OF THE NEED FOR THE AUXILIARY AIDS OR SERVICES.26
(c) NOTHING IN THIS PART 17 REQUIRES A LOCAL PUBLIC BODY TO27
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PROVIDE HARDWARE OR SOFTWARE OR INTERNET OR PHONE ACCESS AT AN1
INDIVIDUAL'S HOME.2
(6) NOTHING IN THIS PART 17 SUPERSEDES OR NEGATES THE3
REQUIREMENTS OF THE OPEN MEETINGS LAW, PART 4 OF ARTICLE 6 OF4
TITLE 24, OR THE "COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE5
72 OF TITLE 24.6
(7) THE FAILURE OF ANY LOCAL PUBLIC BODY TO COMPLY WITH7
THE REQUIREMENTS OF THIS PART 17 CONSTITUTES DISCRIMINATION ON8
THE BASIS OF DISABILITY IN VIOLATION OF SECTION 24-34-802. ANY9
INDIVIDUAL WHO IS SUBJECTED TO A VIOLATION OF THIS PART 17 IS10
ENTITLED TO SEEK ALL RELIEF PROVIDED IN SECTION 24-34-802.11
SECTION 3. In Colorado Revised Statutes, add part 14 to article12
82 of title 24 as follows:13
PART 1414
ACCESSIBILITY OF STATE GOVERNMENT15
24-82-1401. State public bodies - meetings - accessibility -16
definitions. (1) AS USED IN THIS PART 14, UNLESS THE CONTEXT17
OTHERWISE REQUIRES:18
(a) "AUXILIARY AIDS OR SERVICES" MEANS AN AID OR SERVICE19
THAT IS USED TO PROVIDE INFORMATION TO AN INDIVIDUAL WITH A20
COGNITIVE, DEVELOPMENTAL, INTELLECTUAL, NEUROLOGICAL, OR21
PHYSICAL DISABILITY, AND IS AVAILABLE IN A FORMAT OR MANNER THAT22
ALLOWS THE INDIVIDUAL TO BETTER UNDERSTAND THE INFORMATION.23
(b) "PUBLIC MEETING" MEANS ANY MEETING HELD BY A STATE24
PUBLIC BODY AT WHICH PUBLIC BUSINESS IS DISCUSSED, FORMAL ACTION25
MAY BE TAKEN, OR RECOMMENDATIONS THAT MAY BE MADE TO THE26
GOVERNING BODY OF A STATE PUBLIC BODY MAY BE DISCUSSED.27
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(c) (I) "STATE PUBLIC BODY" MEANS ANY BOARD, COMMITTEE,1
COMMISSION, OR OTHER ADVISORY, POLICY-MAKING, RULE-MAKING,2
DECISION-MAKING, OR FORMALLY CONSTITUTED BODY OF ANY STATE3
AGENCY, STATE AUTHORITY, GOVERNING BOARD OF A STATE INSTITUTION4
OF HIGHER EDUCATION INCLUDING THE REGENTS OF THE UNIVERSITY OF5
COLORADO, A NONPROFIT CORPORATION INCORPORATED PURSUANT TO6
SECTION 23-5-121 (2), OR THE GENERAL ASSEMBLY, AND ANY PUBLIC OR7
PRIVATE ENTITY TO WHICH THE STATE, OR AN OFFICIAL THEREOF, HAS8
DELEGATED A GOVERNMENTAL DECISION-MAKING FUNCTION BUT DOES9
NOT INCLUDE INDIVIDUALS ON THE ADMINISTRATIVE STAFF OF THE STATE10
PUBLIC BODY.11
(II) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1)(c)(I)12
OF THIS SECTION, "STATE PUBLIC BODY" DOES NOT INCLUDE THE13
GOVERNING BOARD OF AN INSTITUTE CHARTER SCHOOL THAT IS14
AUTHORIZED PURSUANT TO PART 5 OF ARTICLE 30.5 OF TITLE 22.15
(2) EACH STATE PUBLIC BODY SHALL ENSURE THAT THE16
ACCESSIBILITY REQUIREMENTS SPECIFIED IN THIS PART 14 ARE17
IMPLEMENTED BY JULY 1, 2025, TO ENSURE THE FULL AND EQUAL18
ENJOYMENT OF THE STATE PUBLIC BODY BY INDIVIDUALS IN PROTECTED19
CLASSES, INCLUDING INDIVIDUALS WITH DISABILITIES, AS REQUIRED BY20
SECTIONS 24-34-601 AND 24-34-802.21
(3) (a) ANY PUBLIC MEETING MUST BE ACCESSIBLE IN REAL TIME22
BY LIVE STREAMING VIDEO OR AUDIO THAT IS RECORDED AND ACCESSIBLE23
TO INDIVIDUALS WITH DISABILITIES.24
(b) A STATE PUBLIC BODY MUST POST ON ITS WEBSITE ANY25
DOCUMENTS THAT WILL BE DISTRIBUTED OR DISCUSSED DURING A PUBLIC26
MEETING. A STATE PUBLIC BODY MUST POST SUCH DOCUMENTS AT LEAST27
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TWENTY-FOUR HOURS BEFORE THE PUBLIC MEETING OR, IF POSTING THE1
DOCUMENTS TWENTY-FOUR HOURS BEFORE THE MEETING IS NOT POSSIBLE,2
AS SOON AS PRACTICABLE BEFORE THE MEETING; EXCEPT THAT IF THE3
DOCUMENTS ARE CONFIDENTIAL OR PRIVILEGED, NOT AVAILABLE TO THE4
PUBLIC UNTIL DISTRIBUTED OR DISCUSSED, OR NOT IN THE STATE PUBLIC5
BODY'S POSSESSION BEFORE THE MEETING, THE STATE PUBLIC BODY MUST6
POST THE DOCUMENTS IN REAL TIME DURING THE PUBLIC MEETING. ANY7
DOCUMENTS THAT A STATE PUBLIC BODY POSTS PURSUANT TO THIS8
SUBSECTION (3)(b) MUST MEET CURRENT PREVAILING DOCUMENT AND9
INTERNET ACCESSIBILITY STANDARDS AND MUST REMAIN AVAILABLE TO10
THE PUBLIC ON THE STATE PUBLIC BODY'S WEBSITE FOR ON-DEMAND USE11
IN THE SAME MANNER IN WHICH THE LOCAL STATE BODY MAKES THE12
WRITTEN RECORD OF THE PUBLIC MEETING AVAILABLE TO THE PUBLIC.13
(c) A STATE PUBLIC BODY MAY, IN ITS DISCRETION, MAKE THE14
VIDEO OR AUDIO RECORDING OF ANY PUBLIC MEETING AVAILABLE TO THE15
PUBLIC FOR ON-DEMAND USE.16
(4) (a) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4)(b) OF17
THIS SECTION, FOR ANY PUBLIC MEETING DURING WHICH THE STATE PUBLIC18
BODY WILL HEAR PUBLIC TESTIMONY, THE STATE PUBLIC BODY MUST19
ALLOW ANY INDIVIDUAL TO PARTICIPATE IN THE PUBLIC MEETING AND20
OFFER PUBLIC TESTIMONY WITH THE USE OF A VIDEO CONFERENCING21
PLATFORM. THE STATE PUBLIC BODY MUST ENSURE THAT ANY INDIVIDUAL22
SEEKING THE USE OF A VIDEO CONFERENCING PLATFORM TO PARTICIPATE23
IN THE PUBLIC MEETING IS PROVIDED ACCESS TO THE PUBLIC MEETING BY24
USE OF THE VIDEO CONFERENCING PLATFORM AT THE SAME TIMES AND25
UPON THE SAME TERMS AS INDIVIDUALS WHO APPEAR AT THE MEETING IN26
PERSON. IT IS IN A STATE PUBLIC BODY'S DISCRETION TO DETERMINE WHICH27
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VIDEO CONFERENCING PLATFORM WILL BE USED FOR SUCH PARTICIPATION1
SO LONG AS THE PLATFORM IS ACCESSIBLE TO INDIVIDUALS WITH2
DISABILITIES.3
(b) NOTHING IN THIS PART 14 PROHIBITS A STATE PUBLIC BODY4
FROM PROMULGATING RULES FOR THE ADMINISTRATION OF PUBLIC5
TESTIMONY SO LONG AS THE RULES APPLY TO BOTH IN-PERSON AND6
REMOTE TESTIMONY.7
(c) THE REQUIREMENTS OF SUBSECTION (4)(a) OF THIS SECTION DO8
NOT APPLY WHEN A PUBLIC MEETING OF A STATE PUBLIC BODY OCCURS IN9
A GEOGRAPHIC LOCATION THAT IS IN AN UNSERVED AREA OF THE STATE,10
AS DEFINED IN SECTION 40-15-102 (32).11
(d) A STATE PUBLIC BODY THAT IS EXEMPT FROM THE12
REQUIREMENTS OF SUBSECTION (4)(a) OF THIS SECTION SHALL USE AN13
ALTERNATIVE TO A VIDEO CONFERENCING PLATFORM, SUCH AS A14
TELEPHONE CONFERENCE CALL, TO ALLOW PARTICIPATION IN A PUBLIC15
MEETING. THE ALTERNATIVE OPTION USED MUST BE ACCESSIBLE TO16
INDIVIDUALS WITH DISABILITIES.17
(5) (a) A STATE PUBLIC BODY MAY REQUIRE THAT A REQUEST FOR18
AUXILIARY AIDS OR SERVICES TO ATTEND A PUBLIC MEETING WITH THE USE19
OF THE VIDEO CONFERENCING PLATFORM SELECTED BY THE STATE PUBLIC20
BODY PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION, BE MADE UP TO21
SEVEN DAYS BEFORE THE DATE OF THE PUBLIC MEETING FOR WHICH THE22
AIDS OR SERVICES ARE REQUESTED.23
(b) A STATE PUBLIC BODY SHALL PROVIDE ANY AUXILIARY AIDS OR24
SERVICES TIMELY REQUESTED PURSUANT TO SUBSECTION (5)(a) OF THIS25
SECTION IN TIME FOR THE PUBLIC MEETING FOR WHICH THE AUXILIARY26
AIDS OR SERVICES WERE REQUESTED WITHOUT REQUIRING OR REQUESTING27
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AN EXPLANATION OF THE NEED FOR THE AUXILIARY AIDS AND SERVICES.1
(c) NOTHING IN THIS PART 14 REQUIRES A STATE PUBLIC BODY TO2
PROVIDE HARDWARE OR SOFTWARE OR INTERNET OR PHONE ACCESS AT AN3
INDIVIDUAL'S HOME.4
(6) NOTHING IN THIS PART 14 SUPERSEDES OR NEGATES THE5
REQUIREMENTS OF THE OPEN MEETINGS LAW, PART 4 OF ARTICLE 6 OF THIS6
TITLE 24, OR THE "COLORADO OPEN RECORDS ACT", PART TWO OF7
ARTICLE 72 OF THIS TITLE 24.8
(7) THE FAILURE OF ANY STATE PUBLIC BODY TO COMPLY WITH9
THE REQUIREMENTS OF THIS PART 14 CONSTITUTES DISCRIMINATION ON10
THE BASIS OF DISABILITY IN VIOLATION OF SECTION 24-34-802. ANY11
INDIVIDUAL WHO IS SUBJECTED TO A VIOLATION OF THIS PART 14 IS12
ENTITLED TO SEEK ALL RELIEF PROVIDED IN SECTION 24-34-802.13
SECTION 4. Act subject to petition - effective date. This act14
takes effect at 12:01 a.m. on the day following the expiration of the15
ninety-day period after final adjournment of the general assembly; except16
that, if a referendum petition is filed pursuant to section 1 (3) of article V17
of the state constitution against this act or an item, section, or part of this18
act within such period, then the act, item, section, or part will not take19
effect unless approved by the people at the general election to be held in20
November 2024 and, in such case, will take effect on the date of the21
official declaration of the vote thereon by the governor.22
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Board or Commission Permanent or Not Permanent Bylaws Term Limits Notes
ARC Advisory Committee Status not stated in enacting
documents No
ARC Advisory Committee member eligibility
requirements differ from those of a permanent
board per the Charter (section 8.2). Four
members appointed by SPARC, one member
appointed by Aspen Youth Center, one member
appointed by Council to represent swimming
interests, one member appointed by Council to
represent general interests.
Aspen Animal Shelter Board Status not stated in enacting
documents Yes No-members serve until successor is
appointed
Joint board between Pitkin County and City of
Aspen. Member qualifications differ from those
of a permanent board.
Board of Adjustments Permanent No
Ord. 41 series 2002 notes members must be
qualified electors and have been residents of the
City for at least one year and states that
members cannot be members of the council, city-
appointed officials, or city employees. These are
the requirements of a permanent board (section
8.2 of the city charter).
Board of Appeals Permanent, Other rules by City
Charter No term limits
Member qualifications specificed in Section 8.2 of
the charter. Charter and Chapter 8.08 of the
municipal code states that the members of the
Board of Appeals must be qualified electors and
residents of the City or County for at least two
years, and members of City staff (Chief Building
Official) serve as ex officio members.
Comercial Core & Lodging Commission Unclear No
Ord. 43 series 2007 notes no age or residency
requirement shall be imposed on membership
despite the whereas section noting the
recommendation that it be a permanent board.
Elections Commission Other rules by City Charter Not stated.
Commission is established in the City Chater.
Charter also notes membership requirements
which are similar to those of a permanent board.
Golf Advisory Board Yes No.
Grants Steering Committee Not Permanent
No bylaws but have Charter
Yes- no members shall serve more than
two consecutive full three-year terms.
No age or residency requirements.
Historic Preservation Commission Permanent No
Ord. 41 series 2002 notes members must be
qualified electors and have been residents of the
City for at least one year and states that
members cannot be members of the council, city-
appointed officials, or city employees. These are
the requirements of a permanent board (section
8.2 of the city charter).
Housing Authority Yes No-members serve until successor is
appointed
Joint board with Pitkin County. IGA and Bylaws
do not explicitly state that board is not
permanent, but member qualifications differ
from those of a permanent board.
Kids First Advisory Board Not Permanent Yes No
Overlapping 3-year terms. There are no age or
residency requirements for membership.
Candidates for appointment are not required to
be qualified electors.
Local Licensing Authority Permanent Yes. Cannot serve more than two
consecutive terms.
Ordinance 48-Series of 99 set for the member
eligibility requirements differ from those of a
permanent board. 4-year term, with a term limit
unless qualfied replacement members are
unavailable. According to the Municipal Code:
Members of the Authority shall be qualified
electors and residents of the City for at least one
(1) year prior to appointment. In the event that
any member is no longer a qualified elector or is
convicted of a felony or an offense involving
moral turpitude while in office, the City Council
shall terminate the appointment of such person
as a member of the Authority.
Open Space and Trails Board Permanent Yes, Adopted August 26,
2004 Not stated.Ord. 31 series 2007 notes that staff and board
recommend making it a permanent board
Planning & Zoning Commission Permanent No
Ord. 41 series 2002 notes members must be
qualified electors and have been residents of the
City for at least one year and states that
members cannot be members of the council, city-
appointed officials, or city employees. These are
the requirements of a permanent board (section
8.2 of the city charter).
Wheeler Opera House Not Permanent
Yes. The Feb. 8, 2023, board
bylaws specifically allow
board members to attend by
phone or other virtual
method.
Not stated.
3-year terms. The Board of Advisors is declared
not to be a permanent board within the meaning
of Section 8. 2 of the Charter of the City of Aspen
and, therefore, there shall be imposed no age or
residency requirement for membership on the
Board of Advisors nor shall candidates for
appointment be required to be qualified electors.
69