City Council Study Session Agenda and Packet 2004 01 27

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I. INTRODUCTION. A. Meeting Requirements. OPEN MEETINGS AND OPEN RECORDS Prepared by Samuel J. Light LIGHT, HARRINGTON & DAWES, P.C. Louisville City Council Study Session January 27, 2004 II. OVERVIEW OF THE OPEN MEETINGS LAW. 1 The following provides a brief overview of those provisions of the Colorado Open Meetings Law and Colorado Open Records Act that are of specific interest to City Council members. Particular emphasis is placed on the meeting notice requirements and the use and handling of e -mail. 1. Applicability. The Open Meetings Law, C.R.S. §24 -6 -401 et sue. (which is a portion of the Colorado Sunshine Act) 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. First, 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. Second, 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. EXAMPLE: A discussion among three Council members about public business is an open meeting. Thus, a citizen may listen in on even an impromptu discussion of public business by three Council members. b. EXAMPLE: If three Council members show up at the coffee shop purely by chance, this is not an open meeting. More particularly, the Open Meetings Law does not apply to "any chance meeting or social gathering at which discussion of public business is not the central purpose." 1