City Council Study Session Agenda and Packet 2016 01 12

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VII. OPEN MEETINGS LAW (OML) A. OPEN MEETINGS LAW GENERALLY 1. It is the policy of the state of Colorado "that the formation of public policy is public business and may not be conducted in secret." C.R.S. § 24 -6 -401 et seq. (Open Meetings Law, "OML "). With this declaration in the OML, Colorado has recognized citizens' rights to attend government meetings. Under the OML, "[a]11 meetings of a quorum or three or more members of any local public body, whichever is fewer, at which any public business is discussed or at which any formal action may be taken are declared to be public meetings open to the public at all times." C.R.S. § 24 -6 -402 (2)(b). The LCOE reflects a similar sentiment. Section 5 -1(a) provides: "It is the policy of the City that the activities of City government should be conducted in public to the greatest extent feasible in order to assure public participation and enhance public accountability." 2. The OML imposes notice and minute - keeping requirements on "meetings" of "local public bodies." 3. The OML defines a "public body" to include any board, committee, commission or other policymaking, rulemaking, advisory or formally constituted body of a political subdivision of the state, such as a municipality. It does not include staff of the public body. However, it is important to recognize that it is not limited to City Council, but also includes advisory committees and other committees within the City if they are "formally constituted." 4. The OML defines a "meeting" as "any kind of gathering, convened to discuss public business, in person, by telephone, electronically, or by other means of communication." The Colorado Supreme Court has provided guidance on what types of gatherings are covered by the OML. For a gathering to be a "meeting" under OML, "there must be a demonstrated link between the meeting and the policy- making powers of the government entity holding or attending the meeting." BOCC of Costilla County v. Costilla County Conservancy District, 88 P.3d 1188 (Colo. 2004). The Court held that such a link exists when the meeting is "convened to discuss or undertake...a rule, regulation, ordinance, or formal action." The Court further explained that "merely discussing matters of public importance" does not trigger the requirements of the OML. This distinction between gatherings where matters of public importance are discussed (OML not applicable) and gatherings that are part of the policy- making process of the particular public body(OML applies), is a critical inquiry. Page 15 of 26