Colorado Water Conservation Handbook

• Year: 2004
• Title: CWCB Board Member Handbook
• CWCB Section: Administration
• Author: CWCB
• Description: Handbook containing phone numbers, addresses, statutes, rules, policies, straegic plans and Board member work plans.
• Publications - Doc Type: Other

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) ofthis 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,
200 I; 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 ofthe 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 ofthe 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 attomey 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
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