HomeMy WebLinkAboutR08-008 Posting Location of Notice of Public Meetings and Agendasti
Commissioner moved adoption
of the following Resolution:
BOARD OF COUNTY CONIlVIISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION N0.2008- D ~
RESOLUTION DESIGNATING POSTING LOCATION
OF
NOTICE OF PUBLIC MEETINGS
AND
AGENDAS
WHEREAS, pursuant to Section 24-6-402(2)(c), C.R.S. the Board of County
Commissioners of the County of Eagle, State of Colorado ("Board") desires to designate a
posting location of notices of public meetings and agendas for fiscal year 2008 for the Board and
local public bodies of Eagle County government; and
WHEREAS, pursuant to Section 24-6-402(2)(c) notices of 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 expected to be in attendance,
shall beheld only after full and timely notice to the public; and
WHEREAS, in addition to any other means of full and timely notice, a local public
body shall be deemed to have given full and timely notice if the notice of the meeting is posted
in a designated public place within the boundaries of the local public body no less than twenty-
four hours prior to the holding of the meeting; and
WHEREAS, the public place or places for posting such notice shall be designated
annually at the local public body's first regular meeting of each calendar year. The posting shall
include specific agenda information where possible.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
CONIlVII5SIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, notice of all meetings of the Board and local public bodies of Eagle County
government shall be posted no less than twenty four hours prior to holding of the meeting, at the
following locations, unless an alternative place is otherwise designated by the Board: The
bulletin board located at the east entrance to the Eagle County Building. The posting shall
include specific agenda information where possible. The provisions of this paragraph do not
supersede but are in addition to any special statutory or regulatory notice requirements.
Y
THAT, the Board hereby fmds, determines and declares that this Resolution is necessary
for the public health, safety and welfare of the residents of the County of Eagle, State of
Colorado.
MOVED, READ AND ADOPTED by the Board of County C~ssioners of the
County of Eagle, State of Colorado, at its regular meeting held the `~ day of February,
2008.
ATTEST:
Clerk to the Board of
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
;, OARD OF COU - SSIONERS
y: ~ -
Peter F. Runyon, Cha'
Safa J. 1~isher° Commissioner
Commissioner
Commissioner ~~~ seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Runyon
Commissioner Fisher
Commissioner Menconi
This Resolution passed by
the County of Eagle, State of Colorado.
G:UKS\resolutions\posting 2008.DOC
vote of the Board of County Commissioners of
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Title 24 -page 154
July 19. L. 96: (2)(a)
and (4) added, p. 150,
or state employees -
or causes his employer
t rule-making boazd or
tployee of the general
1 employ of the state or
oath with the secretary
shall specify the nature
and the amount of pay
-37-306. L. 77: Entire
~tion amended, p. 1638,
vful for any person to
iy consideration to, an
on condition that such
-37-307: L. 77: Entire
:lion amended, p. 1639,
y make any agreement
~ any person gontingent
~f any rule, standazd, or
by the governor of this
-37-308. L. 77: Entire
who violates any of the
this part 3 that contains
:ils to comply with any
.pon conviction thereof,
or by imprisonment in
fine and imprisonment.
~ut to engage in any act
any rule or order under
.trt to enjoin the acts or
order under this part 3.
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Titre 24 -page 155
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Colorado Sunshine Law
24-6-402
;Source: Initiated 72. L. 73: p. 1665, § 1. C.RS. 1963: § 3-37-309. L. 77: (2) R&RE,
p. 1154, § 11, effective July 1, 1979. L. 78: (2) R&RE, p. 266, § 66, effective May 23.
Editor's note: The effective date for amendments made to this section by chapter 216, L. 77, was
changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was
"subsequently changed to July 1,1979, by chapter 157, § 23, L. 79. See People v. McKenna, 199 Colo.
X52, .611 P.2d 574 (1980).
ANNOTATION
Am. Juc2d. See 51 Am. Jur.2d, Lobbying,
§§ 12-14.
- PART 4
OPEN MEETINGS LAW
~" 24-6-401. Declaration of policy. It is declared to be a matter of statewide concern and
-,the policy of this state that the formation of public policy is public business and may not
be conducted in secret.
~. Source: Initiated 72. L. 73: p. 1666, § 1. C.RS. 1963: § 3-37-401. L. 91: Entire
~~ -section amended, p. 815, § 1, effective June 1.
ANNOTATION
''Law reviews. For article, "Home Rule Mu- executive sessions of a university boazd of re-
aicipalities and Colorado's Open Records and gents involving "attorney-client communica-
'"' Meetings Laws", see 18 Colo. Law. 1125 dons" are permitted. Associated Students of
(1989). Univ. of Colo. v. Regents of Univ. of Colo., 189
t' Opea.meetings law is a general law. Asso- Colo. 482, 543 P.2d 59 (1975).
ciated Students of Univ. of Colo. v. Regents of The intent of the Open Meetings Law is to
Uioiv, of Colo., 189 Colo. 482, 543 P.2d 59 afford public access to a broad range of meet-
(197$),:' ings at which public business is considered.
Such legislation does not generally repeal Benson v. McCormick, 195 Colo. 381, 578 P.2d
coniiicting special statutory or constitutional 651 (1978); Van Alstyne v. Housing Auth. of
Arovlsions unless the intent to do so is clear and City of Pueblo, 985 P.2d 97 (Colo. App. 1999);
,, Bd. of County Commis v. Costilla County Con-
. unmistakable. Associated Students of Univ. of servancy Dist., 88 P.3d 1188 (Colo. 2004).
Color v. Regents of Univ. of Colo., 189 Colo. The public meetings laws are interpreted
482, 543 P.2d 59 (1975). broadly to further the legislative intent that
Such as that concerning attorney-client citizens be given a greater opportunity to be-
communications. The open meetings law can- come fully informed on issues of public impor-
not and does not repeal by implication the stat- tance so that meaningful participation in the
utot~y provision concerning the attorney-client decision-making process may be achieved. Cole
evidentiary privilege, § 13-90-107 (i)(b). Thus, v. State, 673 P.2d 345 (Colo. 1983).
24-b-402. Meetings -open to public -definitions. (1) For the purposes of this
section:
(a) "Local public body" means any board, committee, commission, authority, or other
<' advisory, policy-making, rule-making, or formally constituted body of any political subdi-
~;
' vision of the~state and any public or private entity to which a political subdivision, or an
official `thereof, has delegated a governmental decision-making function but does not
u-clude persons on the administrative staff of the local public body.
ro) "Meeting" means any kind of gathering, convened to discuss public business, in
l~rson, by telephone, electronically, or by other means of communication.
' (c) "Political subdivision of the state" includes, but is not limited to, any county, city,
city and county, town, home rule city, home rule county, home rule city and county, school
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2~ 6-402 Government -State Title 24 -page 156
district, special district, local improvement district, special improvement district, or service
district.
(d) "State public body" means any board, committee, commission, or other advisory,
policy-making, rule-making, decision-making, or formally constituted body of any state
agency, state authority, governing board of a state institution of higher education including
the regents of the university of Colorado, a nonprofit corporation incorporated pursuant to
section 23-5-121 (2), C.R.S., or the general assembly, and any public or private entity to
which the state, or an official thereof, has delegated a governmental decision-making
function but does not include persons on the administrative staff of the state public body.
(2) (a) All meetings of two or more members of any state public body 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.
(b) All 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) 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 expected to be in attendance, shall be held only after full and timely notice
to the public. In addition to any other means of full and timely notice, a local public body
shall be deemed to have given full and timely notice if the notice of the meeting is posted
in a designated public place within the boundaries of the local public body no less than
twenty-four hours prior to the holding of the meeting. The public place or places for posting
such notice shall be designated annually at the local public body's first regular meeting of
each calendar year. The posting shall include specific agenda information where possible.
(d) (I) Minutes of any meeting of a state public body shall be taken and promptly
recorded, and such records shall be open to public inspection. The minutes of a meeting
during which an executive session authorized under subsection (3) of this section is held
shall reflect the topic of the discussion at the executive session.
lII) Minutes of any meeting of a local public body at which the adoption of any
proposed policy, position, resolution, rule, regulation, or formal action occurs or could
occur shall be taken and promptly recorded, and such records shall be open to public
inspection. The minutes of a meeting during which an executive session authorized under
subsection (4) of this section is held shall reflect the topic of the discussion at the executive
session.
(III) If elected officials use electronic mail to discuss pending legislation or other public
business among themselves, the electronic mail shall be subject to the requirements of this
section. Electronic mail communication among elected officials that does not relate to
pending legislation or other public business shall not be considered a "meeting" within the
meaning of this section.
(d.5) (I) (A) Discussions that occur in an executive session of a state public body shall
be electronically recorded. If a state public body electronically recorded the minutes of its
open meetings on or after August 8, 2001, the state public body shall continue to
electronically record the minutes of its open meetings that occur on or after August 8, 2001;
except that electronic recording shall not be required for two successive meetings of the
state public body while the regularly used electronic equipment is inoperable. A state public
body may satisfy the electronic recording requirements of this sub-subparagraph (A) by
making any form of electronic recording of the discussions in an executive session of the
state public body. Except as provided in sub-subparagraph (B) of this subparagraph (I), the
electronic recording of an executive session shall reflect the specific citation to the provision
in subsection (3) of this section that authorizes the state public body to meet in an executive
session and the actual contents of the discussion during the session. The provisions of this
sub-subparagraph (A) shall not apply to discussions of individual students by a state public
body pursuant to paragraph (b) of subsection (3) of this section.
(B) If, in the opinion of the attorney who is representing the state public body and is
in attendance at an executive session that has been properly announced pursuant to
paragraph (a) of subsection (3) of this section, all or a portion of the discussion during the
executive session constitutes a privileged attorney-client communication, no record or
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Title 24 -page 157
electronic recording shall
a privileged attorney-clie
session discussion shall re
discussion based on the o
for the record during the
attorney-client communic
provide a signed stateme~
recorded constituted a p
attorney.
(C) If a court finds, t
executive session of a sti
after an in camera review
engaged in substantial dit
section or that the body ac
formal action in the execu
this section, the portion a
discussion of matters not
proposed policy, position
public inspection pursuan
(D) No portion of the
for public inspection or s~
except upon the consent o
this subparagraph (I) and
(E) The record of an
sub-subparagraph (A) of tl
the date of the executive
(II) (A) Discussions t
electronically recorded. II
open meetings on or aft
electronically record the n-
except that electronic recc
local public body while the
body may satisfy the elec
making any form of elech
local public body. Except
electronic recording of an c
in subsection (4) of this sec
session and the actual con'
sub-subparagraph (A) shal
body pursuant to paragrap
(B) If, in the opinion c
is in attendance at an ex.
subsection (4) of this sectic
constitutes a privileged atj
shall be required to be k~
attorney-client communica
sion shall reflect that no fi
based on the opinion of tt
record during the executiv
client communication, or
signed statement attesting
constituted a privileged att
(C) If a court finds, ul
executive session of a loc,
after an in camera review c
engaged in substantial disc
section or that the body adc