The Colorado Legislature first passed its "Sunshine Law" in 1973, as an initiated Law of 1972. This act required disclosure of private interests by public officials; regulated lobbying; and, for the first time in Colorado, required open meetings of all meetings of two or more members of any board, committee, commission, or other policy making or rule making body of any state agency or authority or of the legislature in accordance with the provisions laid out in this bill.
The law was revised in 1977 with the passage of House Bill No. 1018, concerning public meetings and most notably provided legislation for meetings held in executive sessions. It was then revised again in 1985 with the passage of House Bill No. 1097, concerning the State Board of Parole meetings. During the 1996 session of the Colorado Legislature, House Bill 1314 - "a bill for an act concerning the open meetings provisions of the Colorado Sunshine Act of 1972", was passed.
Research concerning the legislative intent and/or hearings on this bill can be conducted at the Colorado State Archives. Information about researching legislative histories can be found on our Legislative History Resources Page.
NOTE: The following text is current through the 2002 Legislative Regular Session. This website is for informational use only. It is not a definitive source for the Colorado Revised Statutes. Please see the Colorado Statute Manager site published by the Office of the Revisor of the Statutes, Colorado State Legislature.
24-6-402. Meetings - open to public.
(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 subdivision 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 include persons
on the administrative staff of the local public body.
(b) "Meeting" means any kind of gathering, convened to discuss public
business, in person, 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 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.
(II) 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 recorded in the same manner and media that the state
public body uses to record the minutes of open meetings. 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 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 record 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, the actual contents of the discussion during the session, and a signed
statement from the chair of the executive session attesting that any written
minutes substantially reflect the substance of the discussions during the
executive session. For purposes of this sub-subparagraph (A), "actual
contents of the discussion" shall not be construed to require the minutes
of an executive session to contain a verbatim transcript of the discussion
during said executive 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 the executive session, all or a portion of the
discussion during the executive session constitutes a privileged attorney-client
communication, no record shall be required to be kept of the part of the
discussion that constitutes a privileged attorney-client communication. Any
electronic record of said executive session discussion shall reflect that no
further record was kept of the discussion based on the opinion of the attorney
representing the state public body, as stated for the record during the
executive session, that the discussion constitutes a privileged attorney-client
communication. Any written minutes shall contain a signed statement from the
attorney representing the state public body attesting that the portion of the
executive session that was not recorded constituted a privileged attorney-client
communication in the opinion of the attorney and a signed statement from the
chair of the executive session attesting that the portion of the executive
session that was not recorded was confined to the topic authorized for
discussion in an executive session pursuant to subsection (3) of this section.
(C) If a court finds, upon application of a person seeking access to the record
of the executive session of a state public body in accordance with section 24-72-204
(5.5) and after an in camera review of the record of the executive session, that
the state public body engaged in substantial discussion of any matters not
enumerated in subsection (3) of this section or that the body adopted a proposed
policy, position, resolution, rule, regulation, or formal action in the
executive session in contravention of paragraph (a) of subsection (3) of this
section, the portion of the record of the executive session that reflects the
substantial discussion of matters not enumerated in subsection (3) of this
section or the adoption of a proposed policy, position, resolution, rule,
regulation, or formal action shall be open to public inspection pursuant to
section 24-72-204
(5.5).
(D) No portion of the record of an executive session of a state public body
shall be open for public inspection or subject to discovery in any
administrative or judicial proceeding, except upon the consent of the state
public body or as provided in sub-subparagraph (C) of this subparagraph (I) and
section 24-72-204
(5.5).
(E) The record of an executive session of a state public body recorded pursuant
to sub-subparagraph (A) of this subparagraph (I) shall be retained for at least
ninety days after the date of the executive session.
(II) (A) Discussions that occur in an executive session of a local public
body shall be recorded in the same manner and media that the local public body
uses to record the minutes of open meetings. If a local public body
electronically recorded the minutes of its open meetings on or after August 8,
2001, the local 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
local public body while the regularly used electronic equipment is inoperable. A
local public body may satisfy the recording requirements of this
sub-subparagraph (A) by making any form of electronic recording of the
discussions in an executive session of the local public body. Except as provided
in sub-subparagraph (B) of this subparagraph (II), the record of an executive
session shall reflect the specific citation to the provision in subsection (4)
of this section that authorizes the local public body to meet in an executive
session, the actual contents of the discussion during the session, and a signed
statement from the chair of the executive session attesting that any written
minutes substantially reflect the substance of the discussions during the
executive session. For purposes of this sub-subparagraph (A), "actual
contents of the discussion" shall not be construed to require the minutes
of an executive session to contain a verbatim transcript of the discussion
during said executive session. The provisions of this sub-subparagraph (A) shall
not apply to discussions of individual students by a local public body pursuant
to paragraph (h) of subsection (4) of this section.
(B) If, in the opinion of the attorney who is representing the local public body
and who is in attendance at the executive session, all or a portion of the
discussion during the executive session constitutes a privileged attorney-client
communication, no record shall be required to be kept of the part of the
discussion that constitutes a privileged attorney-client communication. Any
electronic record of said executive session discussion shall reflect that no
further record was kept of the discussion based on the opinion of the attorney
representing the local public body, as stated for the record during the
executive session, that the discussion constitutes a privileged attorney-client
communication. Any written minutes shall contain a signed statement from the
attorney representing the local public body attesting that the portion of the
executive session that was not recorded constituted a privileged attorney-client
communication in the opinion of the attorney and a signed statement from the
chair of the executive session attesting that the portion of the executive
session that was not recorded was confined to the topic authorized for
discussion in an executive session pursuant to subsection (4) of this section.
(C) If a court finds, upon application of a person seeking access to the record
of the executive session of a local public body in accordance with section 24-72-204
(5.5) and after an in camera review of the record of the executive session, that
the local public body engaged in substantial discussion of any matters not
enumerated in subsection (4) of this section or that the body adopted a proposed
policy, position, resolution, rule, regulation, or formal action in the
executive session in contravention of subsection (4) of this section, the
portion of the record of the executive session that reflects the substantial
discussion of matters not enumerated in subsection (4) of this section or the
adoption of a proposed policy, position, resolution, rule, regulation, or formal
action shall be open to public inspection pursuant to section 24-72-204
(5.5).
(D) No portion of the record of an executive session of a local public body
shall be open for public inspection or subject to discovery in any
administrative or judicial proceeding, except upon the consent of the local
public body or as provided in sub-subparagraph (C) of this subparagraph (II) and
section 24-72-204
(5.5).
(E) The record of an executive session of a local public body recorded pursuant
to sub-subparagraph (A) of this subparagraph (II) shall be retained for at least
ninety days after the date of the executive session.
(e) This part 4 does not apply to any chance meeting or social gathering at
which discussion of public business is not the central purpose.
(f) The provisions of paragraph (c) of this subsection (2) shall not be
construed to apply to the day-to-day oversight of property or supervision of
employees by county commissioners. Except as set forth in this paragraph (f),
the provisions of this paragraph (f) shall not be interpreted to alter any
requirements of paragraph (c) of this subsection (2).
(3) (a) The members of a state public body subject to this part 4, upon the
announcement by the state public body to the public of the topic for discussion
in the executive session, including specific citation to the provision of this
subsection (3) authorizing the body to meet in an executive session and
identification of the particular matter to be discussed in as much detail as
possible without compromising the purpose for which the executive session is
authorized, and the affirmative vote of two-thirds of the entire
membership of the body after such announcement, may hold an executive session
only at a regular or special meeting and for the sole purpose of considering any
of the matters enumerated in paragraph (b) of this subsection (3) or the
following matters; except that no adoption of any proposed policy, position,
resolution, rule, regulation, or formal action, except the review, approval, and
amendment of the minutes of an executive session recorded pursuant to
subparagraph (I) of paragraph (d.5) of subsection (2) of this section, shall occur at any executive
session that is not open to the public:
(I) The purchase of property for public purposes, or the sale of property at
competitive bidding, if premature disclosure of information would give an unfair
competitive or bargaining advantage to a person whose personal, private interest
is adverse to the general public interest. No member of the state public body
shall use this paragraph (a) as a subterfuge for providing covert information to
prospective buyers or sellers. Governing boards of state institutions of higher
education including the regents of the university of Colorado may also consider
the acquisition of property as a gift in an executive session, only if such
executive session is requested by the donor.
(II) Conferences with an attorney representing the state public body concerning
disputes involving the public body that are the subject of pending or imminent
court action. Governing boards of state institutions of higher education
including the regents of the university of Colorado may also confer with an
attorney concerning specific claims or grievances or for purposes of receiving
legal advice on specific legal questions. Mere presence or participation of an
attorney at an executive session of a governing board of a state institution of
higher education including the regents of the university of Colorado is not
sufficient to satisfy the requirements of this subsection (3).
(III) Matters required to be kept confidential by federal law or rules or state
statutes;
(IV) Specialized details of security arrangements where disclosure of the
matters discussed might reveal information that could be used for the purpose of
committing, or avoiding prosecution for, a violation of the law;
(V) Determining positions relative to matters that may be subject to
negotiations with employees or employee organizations; developing strategy for
and receiving reports on the progress of such negotiations; and instructing
negotiators;
(VI) With respect to the board of regents of the university of Colorado and the
board of directors of the university of Colorado hospital authority created
pursuant to article 21 of title 23, C.R.S., matters concerning the modification,
initiation, or cessation of patient care programs at the university hospital
operated by the university of Colorado hospital authority pursuant to part 5 of
article 21 of title 23, C.R.S., (including the university of Colorado
psychiatric hospital), and receiving reports with regard to any of the above, if
premature disclosure of information would give an unfair competitive or
bargaining advantage to any person or entity;
(VII) With respect to nonprofit corporations incorporated pursuant to section
23-5-121 (2), C.R.S., matters concerning trade secrets, privileged information,
and confidential commercial, financial, geological, or geophysical data
furnished by or obtained from any person.
(b) (I) All meetings held by members of a state public body subject to this part 4
to consider the appointment or employment of a public official or employee or
the dismissal, discipline, promotion, demotion, or compensation of, or the
investigation of charges or complaints against, a public official or employee
shall be open to the public unless said applicant, official, or employee
requests an executive session. Governing boards of institutions of higher
education including the regents of the university of Colorado may, upon their
own affirmative vote, hold executive sessions to consider the matters listed in
this paragraph (b). Executive sessions may be held to review administrative
actions regarding investigation of charges or complaints and attendant
investigative reports against students where public disclosure could adversely
affect the person or persons involved, unless the students have specifically
consented to or requested the disclosure of such matters. An executive session
may be held only at a regular or special meeting of the state public body and
only upon the announcement by the public body to the public of the topic for
discussion in the executive session and the affirmative vote of two-thirds of
the entire membership of the body after such announcement.
(II) The provisions of subparagraph (I) of this paragraph (b) shall not apply to
discussions concerning any member of the state public body, any elected
official, or the appointment of a person to fill the office of a member of the
state public body or an elected official or to discussions of personnel policies
that do not require the discussion of matters personal to particular employees.
(c) Notwithstanding the provisions of paragraphs (a) and (b) of this subsection
(3), the state board of parole created in part 2 of article 2 of title 17,
C.R.S., may proceed in executive session to consider matters connected with any
parole proceedings under the jurisdiction of said board; except that no final
parole decisions shall be made by said board while in executive session. Such
executive session may be held only at a regular or special meeting of the state
board of parole and only upon the affirmative vote of two-thirds of the
membership of the board present at such meeting.
(3.5) A search committee of a state public body or local public body shall
establish job search goals, including the writing of the job description,
deadlines for applications, requirements for applicants, selection procedures,
and the time frame for appointing or employing a chief executive officer of an
agency, authority, institution, or other entity at an open meeting. The state or
local public body shall make public the list of all finalists under
consideration for the position of chief executive officer no later than fourteen
days prior to appointing or employing one of the finalists to fill the position.
No offer of appointment or employment shall be made prior to this public notice.
Records submitted by or on behalf of a finalist for such position shall be
subject to the provisions of section 24-72-204 (3) (a) (XI). As used in this
subsection (3.5), "finalist" shall have the same meaning as in section
24-72-204 (3) (a) (XI). Nothing in this subsection (3.5) shall be construed to
prohibit a search committee from holding an executive session to consider
appointment or employment matters not described in this subsection (3.5) and
otherwise authorized by this section.
(4) The members of a local public body subject to this part 4, upon the
announcement by the local public body to the public of the topic for discussion
in the executive session, including specific citation to the provision of this
subsection (4) authorizing the body to meet in an executive session and
identification of the particular matter to be discussed in as much detail as
possible without compromising the purpose for which the executive session is
authorized, and the affirmative vote of two-thirds of the quorum
present, after such announcement, may hold an executive session only at a
regular or special meeting and for the sole purpose of considering any of the
following matters; except that no adoption of any proposed policy, position,
resolution, rule, regulation, or formal action, except the review, approval, and
amendment of the minutes of an executive session recorded pursuant to
subparagraph (II) of paragraph (d.5) of subsection (2) of this section, shall occur at any executive
session that is not open to the public:
(a) The purchase, acquisition, lease, transfer, or sale of any real, personal,
or other property interest; except that no executive session shall be held for
the purpose of concealing the fact that a member of the local public body has a
personal interest in such purchase, acquisition, lease, transfer, or sale;
(b) Conferences with an attorney for the local public body for the purposes of
receiving legal advice on specific legal questions. Mere presence or
participation of an attorney at an executive session of the local public body is
not sufficient to satisfy the requirements of this subsection (4);
(c) Matters required to be kept confidential by federal or state law or rules
and regulations. The local public body shall announce the specific citation of
the statutes or rules that are the basis for such confidentiality before holding
the executive session.
(d) Specialized details of security arrangements or investigations;
(e) Determining positions relative to matters that may be subject to
negotiations; developing strategy for negotiations; and instructing negotiators;
(f) Personnel matters except if the employee who is the subject of the session
has requested an open meeting, or if the personnel matter involves more than one
employee, all of the employees have requested an open meeting. With respect to
hearings held pursuant to the "Teacher Employment, Compensation, and
Dismissal Act of 1990", article 63 of title 22, C.R.S., the provisions of
section 22-63-302 (7) (a), C.R.S., shall govern in lieu of the provisions of
this subsection (4).
(II) The provisions of subparagraph (I) of this paragraph (f) shall not apply to
discussions concerning any member of the local public body, any elected
official, or the appointment of a person to fill the office of a member of the
local public body or an elected official or to discussions of personnel policies
that do not require the discussion of matters personal to particular employees.
(g) Consideration of any documents protected by the mandatory nondisclosure
provisions of part 2 of article 72 of this title, commonly known as the
"Open Records Act"; except that all consideration of documents or
records that are work product as defined in section 24-72-202 (6.5) or that are
subject to the governmental or deliberative process privilege shall occur in a
public meeting unless an executive session is otherwise allowed pursuant to this
subsection (4);
(h) Discussion of individual students where public disclosure would adversely
affect the person or persons involved.
(5) (Deleted by amendment, L. 96, p. 691, ยง1, effective July 1, 1996.)
(6) The limitations imposed by subsections (3), (4), and (5) of this section do
not apply to matters which are covered by section 14 of article V of the state
constitution.
(7) The secretary or clerk of each state public body or local public body shall
maintain a list of persons who, within the previous two years, have requested
notification of all meetings or of meetings when certain specified policies will
be discussed and shall provide reasonable advance notification of such meetings,
provided, however, that unintentional failure to provide such advance notice
will not nullify actions taken at an otherwise properly published meeting. The
provisions of this subsection (7) shall not apply to the day-to-day oversight of
property or supervision of employees by county commissioners, as provided in
paragraph (f) of subsection (2) of this section.
(8) No resolution, rule, regulation, ordinance, or formal action of a state or
local public body shall be valid unless taken or made at a meeting that meets
the requirements of subsection (2) of this section.
(9) The courts of record of this state shall have jurisdiction to issue
injunctions to enforce the purposes of this section upon application by any
citizen of this state. In any action in which the court finds a violation of
this section, the court shall award the citizen prevailing in such action costs
and reasonable attorney fees. In the event the court does not find a violation
of this section, it shall award costs and reasonable attorney fees to the
prevailing party if the court finds that the action was frivolous, vexatious, or
groundless.
(10) Any provision of this section declared to be unconstitutional or otherwise
invalid shall not impair the remaining provisions of this section, and, to this
end, the provisions of this section are declared to be severable.
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