Colorado Sunshine Act of 1972: A Few Important Definitions

Two-Tiered Law

What is a Meeting?

Social Gatherings

E-mail

Public Notice

County Notice Exemption

Minutes

Executive Sessions

 


TWO-TIERED LAW: The Sunshine Law treats state government and local government differently in some areas. The statutes use the following definitions: 

- State Public Body includes General Assembly, governing boards of institutions of higher education     including the CU Regents, state agencies, boards, commissions, etc. 
- Local Public Body includes all political subdivisions of the state, such as counties, cities, home rule cities, school districts, special districts, metropolitan districts, and RTD.

 

WHAT IS A MEETING? Any kind of gathering convened to discuss public business, in person, by telephone, electronically or other means of communication.

- State Public Body: All meetings of two or more members at which public business is to be discussed or at which formal action may be taken are open.
- Local Public Body: All meetings of a quorum or three or more members, whichever is fewer, at which public business is discussed or formal action might be taken are open.

  

SOCIAL GATHERINGS and chance meetings are exempt from open meetings regulations if discussion of public business is not the central purpose.

  

E-MAIL exchanged between elected officials on subjects other than public business is not a "meeting."

 

PUBLIC NOTICE is to be given prior to all meetings where the adoption of any proposed policy, position, resolution, rule, regulation or formal action occurs or at which a majority or quorum is expected to be in attendance. Notice must be "full and timely." No publication is required.


- Local Public Bodies may comply with "full and timely" by posting a notice in a formally designated public place at least 24 hours before a meeting. Posted notices must include a specific agenda if at all possible.
- State and Local Public Bodies must also maintain a list of persons who request to be notified of meetings or discussions on specific topics and provide reasonable advance notice. A request covers a two-year period.

  

COUNTY NOTICE EXEMPTION: Commissioners do not have to give 24-hour notice or personal notification if two or more meet to discuss "day-to-day oversight of property or supervision of employees." Hiring or firing, building a new courthouse or buying major equipment are not "oversight."

  

MINUTES are to be taken of all meetings and "promptly recorded" but minutes of an executive session must include only the topic of discussion. Minutes (including tape recordings) are open.
o Local Public Bodies must keep minutes of meetings where formal action does or could occur. Workshops or committee meetings do not necessarily require minutes.

 

EXECUTIVE SESSIONS: An executive session is permitted only during a regular or special meeting and must follow this formula - Topic for executive session (with as much specificity as can be provided without compromising the reason for the executive session) must be announced to the public. The legal basis must be cited for the executive session. A vote to go into executive session must then be taken.

- State Public Body can go into an executive session only after two-thirds of the entire body vote in favor.
- Local Public Body can go into executive session only after two-thirds of the quorum present vote in favor.

 

For more information and to view the full text of the law click here: http://www.colorado.gov/dpa/doit/archives/open/00openmeet.htm
http://www.coloradopressassociation.com/SunshineLawPamphlet.htm