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<br />subject to discovery in any administrative or judicial
<br />proceeding, except upon the consent of the local public
<br />body or as provided in sub-subparagraph (C) of this
<br />subparagraph (II) and section 24-72-204 (5.5).
<br />(E) The record of an executive session of a local public
<br />body recorded pursuant to sub-subparagraph (A) of this
<br />subparagraph (II) shall be retained for at least ninety
<br />days after the date of the executive session.
<br />(e) This part 4 does not apply to any chance meeting or
<br />social gathering at which discussion of public business
<br />is not the central purpose.
<br />(f) The provisions of paragraph (c) of this subsection (2)
<br />shall not be construed to apply to the day-to-day
<br />oversight of property or supervision of employees by
<br />county commissioners. Except as set forth in this
<br />paragraph (f), the provisions of this paragraph (f) shall
<br />not be interpreted to alter any requirements of paragraph
<br />(c) of this subsection (2).
<br />(3) (a) The members ofa state public body subject to
<br />this part 4, upon the announcement by the state public
<br />body to the public of the topic for discussion in the
<br />executive session, including specific citation to the
<br />provision of this subsection (3) authorizing the body to
<br />meet in an executive session and identification of the
<br />particular matter to be discussed in as much detail as
<br />possible without compromising the purpose for which
<br />the executive session is authorized, and the affIrmative
<br />vote of two-thirds of the entire membership of the body
<br />after such announcement, may hold an executive session
<br />only at a regular or special meeting and for the sole
<br />purpose of considering any of the matters enumerated in
<br />paragraph (b) of this subsection (3) or the following
<br />matters; except that no adoption of any proposed policy,
<br />position, resolution, rule, regulation, or formal action,
<br />except the review, approval, and amendment of the
<br />minutes of an executive session recorded pursuant to
<br />subparagraph (I) of paragraph (d.5) of subsection (2) of
<br />this section, shall occur at any executive session that is
<br />not open to the public:
<br />(I) The purchase of property for public purposes, or the
<br />sale of property at competitive bidding, if premature
<br />disclosure of information would give an unfair
<br />competitive or bargaining advantage to a person whose
<br />personal, private interest is adverse to the general public
<br />interest. No member of the state public body shall use
<br />this paragraph (a) as a subterfuge for providing covert
<br />infonnation to prospective buyers or sellers. Governing
<br />boards of state institutions of higher education including
<br />the regents of the university of Colorado may also
<br />consider the acquisition of property as a gift in an
<br />executive session, only if such executive session is
<br />requested by the donor.
<br />(II) Conferences with an attorney representing the state
<br />public body concerning disputes involving the public
<br />body that are the subject of pending or imminent court
<br />action. Governing boards of state institutions of higher
<br />education including the regents of the university of
<br />Colorado may also confer with an attorney concerning
<br />specific claims or grievances or for purposes of
<br />receiving legal advice on specific legal questions. Mere
<br />
<br />presence or participation of an attorney at an executive
<br />session of a governing board of a state institution of
<br />higher education including the regents of the university
<br />of Colorado is not sufficient to satisfy the requirements
<br />of this subsection (3).
<br />(III) Matters required to be kept confidential by federal
<br />law or rules, state statutes, or in accordance with the
<br />requirements of any j oint rule of the senate and the
<br />house of representatives pertaining to lobbying
<br />practices;
<br />(IV) Specialized details of security arrangements or
<br />investigations, including defenses against terrorism,
<br />both domestic and foreign, and including where
<br />disclosure of the matters discussed might reveal
<br />information that could be used for the purpose of
<br />committing, or avoiding prosecution for, a violation of
<br />the law;
<br />(V) Determining positions relative to matters that may
<br />be subject to negotiations with employees or employee
<br />organizations; developing strategy for and receiving
<br />reports on the progress of such negotiations; and
<br />instructing negotiators;
<br />(VI) With respect to the board ofregents of the
<br />university of Colorado and the board of directors of the
<br />university of Colorado hospital authority created
<br />pursuant to article l.l oftide 23, C.R.S., matters
<br />concerning the modification, initiation, or cessation of
<br />patient care programs at the university hospital operated
<br />by the university of Colorado hospital authority
<br />pursuant to part 5 of article l.l of title 23, C.R.S.,
<br />(including the university of Colorado psychiatric
<br />hospital), and receiving reports with regard to any of the
<br />above, if premature disclosure of information would
<br />give an unfair competitive or bargaining advantage to
<br />any person or entity;
<br />(VII) With respect to nonprofit corporations
<br />incorporated pursuant to section 23-5-121 (2), c.R.S.,
<br />matters concerning trade secrets, privileged information,
<br />and confidential commercial, fmancial, geological, or
<br />geophysical data furnished by or obtained from any
<br />person;
<br />(VIII) With respect to the governing board of a state
<br />institution of higher education and any committee
<br />thereof, consideration of nominations for the awarding
<br />of honorary degrees, medals, and other honorary awards
<br />by the institution and consideration of proposals for the
<br />naming of a building or a portion of a building for a
<br />person or persons.
<br />(b) (1) All meetings held by members ofa state public
<br />body subject to this part 4 to consider the appointment
<br />or employment of a public official or employee or the
<br />dismissal, discipline, promotion, demotion, or
<br />compensation of, or the investigation of charges or
<br />complaints against, a public official or employee shall
<br />be open to the public unless said applicant, official, or
<br />employee requests an executive session. Governing
<br />boards of institutions of higher education including the
<br />regents of the university of Colorado may, upon their
<br />own affirmative vote, hold executive sessions to
<br />consider the matters listed in this paragraph (b).
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