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<br />OPEN MEETINGS LAW
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<br />24-6-401. Declaration of policy. It is declared to be a
<br />matter of statewide concern and the policy of this state
<br />that the formation of public policy is public business
<br />and may not be conducted in secret.
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<br />24-6-402. Meetings - open to public.
<br />(1) For the purposes of this section:
<br />(a) "Local public body" means any board, committee,
<br />commission, authority, or other advisory, policy-
<br />making, rule-making, or formally constituted body of
<br />any political subdivision of the state and any public or
<br />private entity to which a political subdivision, or an
<br />official thereof, has delegated a governmental decision-
<br />making function but does not include persons on the
<br />administrative staff of the local public body.
<br />(b) "Meeting" means any kind of gathering, convened to
<br />discuss public business, in person, by telephone,
<br />electronically, or by other means of communication.
<br />( c) "Political subdivision of the state" includes, but is
<br />not limited to, any county, city, city and county, town,
<br />home rule city, home rule county, home rule city and
<br />county, school district, special district, local
<br />improvement district, special improvement district, or
<br />service district.
<br />(d) "State public body" means any board, committee,
<br />commission, or other advisory, policy-making, rule-
<br />making, decision-making, or formally constituted body
<br />of any state agency, state authority, governing board of
<br />a state institution of higher education including the
<br />regents of the university of Colorado, a nonprofit
<br />corporation incorporated pursuant to section 23-5-121
<br />(2), C.R.S., or the general assembly, and any public or
<br />private entity to which the state, or an official thereof,
<br />has delegated a governmental decision-making function
<br />but does not include persons on the administrative staff
<br />of the state public body.
<br />(2) (a) All meetings of two or more members of any
<br />state public body at which any public business is
<br />discussed or at which any formal action may be taken
<br />are declared to be public meetings open to the public at
<br />all times.
<br />(b) All meetings of a quorum or three or more members
<br />of any local public body, whichever is fewer, at which
<br />any public business is discussed or at which any formal
<br />action may be taken are declared to be public meetings
<br />open to the public at all times.
<br />(c) Any meetings at which the adoption of any proposed
<br />policy, position, resolution, rule, regulation, or formal
<br />action occurs or at which a majority or quorum of the
<br />body is in attendance, or is expected to be in attendance,
<br />shall be held only after full and timely notice to the
<br />public. In addition to any other means offull and timely
<br />notice, a local public body shall be deemed to have
<br />given full and timely notice if the notice of the meeting
<br />is posted in a designated public place within the
<br />boundaries of the local public body no less than twenty-
<br />four hours prior to the holding of the meeting. The
<br />public place or places for posting such notice shall be
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<br />designated annually at the local public body's first
<br />regular meeting of each calendar year. The posting shall
<br />include specific agenda information where possible.
<br />(d) (1) Minutes of any meeting of a state public body
<br />shall be taken and promptly recorded, and such records
<br />shall be open to public inspection. The minutes of a
<br />meeting during which an executive session authorized
<br />under subsection (3) of this section is held shall reflect
<br />the topic of the discussion at the executive session.
<br />(II) Minutes of any meeting of a local public body at
<br />which the adoption of any proposed policy, position,
<br />resolution, rule, regulation, or formal action occurs or
<br />could occur shall be taken and promptly recorded, and
<br />such records shall be open to public inspection. The
<br />minutes of a meeting during which an executive session
<br />authorized under subsection (4) of this section is held
<br />shall reflect the topic of the discussion at the executive
<br />seSSIOn.
<br />(III) If elected officials use electronic mail to discuss
<br />pending legislation or other public business among
<br />themselves, the electronic mail shall be subject to the
<br />requirements of this section. Electronic mail
<br />communication among elected officials that does not
<br />relate to pending legislation or other public business
<br />shall not be considered a "meeting" within the meaning
<br />of this section.
<br />(d.S) (1) (A) Discussions that occur in an executive
<br />session of a state public body shall be recorded in the
<br />same manner and media that the state public body uses
<br />to record the minutes of open meetings. If a state public
<br />body electronically recorded the minutes of its open
<br />meetings on or after August 8,2001, the state public
<br />body shall continue to electronically record the minutes
<br />of its open meetings that occur on or after August 8,
<br />2001; except that electronic recording shall not be
<br />required for two successive meetings of the state public
<br />body while the regularly used electronic equipment is
<br />inoperable. A state public body may satisfy the
<br />recording requirements of this sub-subparagraph (A) by
<br />making any form of electronic recording of the
<br />discussions in an executive session of the state public
<br />body. Except as provided in sub-subparagraph (B) of
<br />this subparagraph (I), the record of an executive session
<br />shall reflect the specific citation to the provision in
<br />subsection (3) of this section that authorizes the state
<br />public body to meet in an executive session, the actual
<br />contents of the discussion during the session, and a
<br />signed statement from the chair of the executive session
<br />attesting that any written minutes substantially reflect
<br />the substance of the discussions during the executive
<br />session. For purposes of this sub-subparagraph (A),
<br />"actual contents of the discussion" shall not be
<br />construed to require the minutes of an executive session
<br />to contain a verbatim transcript of the discussion dming
<br />said executive session. The provisions of this sub-
<br />subparagraph (A) shall not apply to discussions of
<br />individual students by a state public body pursuant to
<br />paragraph (b) of subsection (3) of this section.
<br />(B) If, in the opinion of the attorney who is representing
<br />the state public body and is in attendance at the
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