Legal Review Committee Agenda and Packet 2015 01 15

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OPEN MEETINGS & E -MAIL Louisville Legal Review Committee January 15, 2015 Prepared by LIGHT 1 KELLY, P.C. I. INTRODUCTION The following provides a brief overview of provisions of the Colorado Open Meetings Law, C.R.S. §24 -6 -401 et sec . (which is a portion of the Colorado Sunshine Act) of specific interest to City Councilmembers. Particular emphasis is placed on the meeting notice requirements and the use and handling of e-mail. II. OVERVIEW OF THE OPEN MEETINGS LAW 1. Applicability. The Open Meetings Law ( "OML ") applies to any "local public body," which includes the City Council, City boards, committees and commissions, and other formal bodies that perform an advisory, policy - making or rule- making role. It does not apply to the administrative staff. 2. Basic Open Meeting Rules. There are two critical rules regarding open meetings: • All meetings of a quorum or three or more members of a local public body (whichever is fewer) at which any public business is discussed or at which any formal action may be taken are public meetings open to public. • Any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation or formal action occurs or at which a majority or quorum of the body is in attendance, or is expended to be in attendance, shall be held only after full and timely notice to the public. A "meeting" is defined by the OML as "any kind of gathering, convened to discuss public business, in person, by telephone, electronically, or by other means of communication." In construing these provisions, the Colorado Supreme Court has held that if the meeting is rationally connected to the policy - making responsibilities of the public body holding or attending the meeting, then the meeting is subject to the OML. Bd. of Cnty. Comm'rs, Costilla Cnty. v. Costilla Cnty. Conservancy Dist., 88 P.3d 1188 (Colo. 2004). 3. Specific Louisville Rules. The Louisville Municipal Code is more comprehensive than the OML. City Code section 2.90.030 states: All meetings of three or more members of the City Council, or of three or more members of the same board or commission, at which any public business is discussed, at which any presentation pertaining to public business is made, or at which any official action may be taken, shall be public meetings open to the public at all times. Further, while the OML has a 24 -hour notice posting requirement, the City Charter provides for posting of meeting agendas and agenda - related materials 72 hours in advance of the meeting. 1