Sec. 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.R.S. 1963: § 3-37-401. L. 91: Entire section
amended, p. 815, § 1, effective June 1.
Sec. 24-6-402.
Meetings - open to public - legislative declaration - definitions. (1) For the
purposes of this section:
(a)(I) "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.
(II)Notwithstanding the provisions of subparagraph (I) of this paragraph (a), in order to
assure school board transparency "local public body" shall include members of a board of
education, school administration personnel, or a combination thereof who are involved in a
meeting with a representative of employees at which a collective bargaining agreement is
discussed.
(III)Notwithstanding the provisions of subparagraph (I) of this paragraph (a), "local
public body" includes the governing board of an institute charter school that is authorized
pursuant to part 5 of article 30.5 of title 22, C.R.S.
(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)(I) "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.
(II)Notwithstanding the provisions of subparagraph (I) of this paragraph (d), "state
public body" does not include the governing board of an institute charter school that is
authorized pursuant to part 5 of article 30.5 of title 22, C.R.S.
(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)(I) 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.
(II)The general assembly hereby finds and declares that:
(A)It is the intent of the general assembly that local governments transition from posting
physical notices of public meetings in physical locations to posting notices on a website, social
media account, or other official online presence of the local government to the greatest extent
practicable;
(B)It is the intent of the general assembly to relieve a local government of the
requirement to physically post meeting notices, with certain exceptions, if the local government
complies with the requirements of online posted notices of meetings;
(C)A number of factors may affect the ability of some local governments to easily
establish a website, post meeting notices online, and otherwise benefit from having an online
presence, including the availability of broadband or reliable broadband, the lack of cellular
telephone and data services, and fiscal or staffing constraints of the local government;
(D)Local governments are encouraged to avail themselves of existing free resources for
creating a website and receiving content management assistance from the Colorado statewide
internet portal authority and statewide associations representing local governmental entities; and
(E)It is the intent of the general assembly to closely monitor the transition to providing
notices of public meetings online over the next two years and, if significant progress is not made,
to bring legislation mandating in statute that all notices be posted online except in very narrow
circumstances that are beyond the control of a local government.
(III)On and after July 1, 2019, a local public body shall be deemed to have given full
and timely notice of a public meeting if the local public body posts the notice, with specific
agenda information if available, no less than twenty-four hours prior to the holding of the
meeting on a public website of the local public body. The notice must be accessible at no charge
to the public. The local public body shall, to the extent feasible, make the notices searchable by
type of meeting, date of meeting, time of meeting, agenda contents, and any other category
deemed appropriate by the local public body and shall consider linking the notices to any
appropriate social media accounts of the local public body. A local public body that provides
notice on a website pursuant to this subsection (2)(c)(III) shall provide the address of the website
to the department of local affairs for inclusion in the inventory maintained pursuant to section
Sec. 24-32-116.
A local public body that posts a notice of a public meeting on a public website
pursuant to this subsection (2)(c)(III) may in its discretion also post a notice by any other means
including in a designated public place pursuant to subsection (2)(c)(I) of this section; except that
nothing in this section shall be construed to require such other posting. A local public body that
posts notices of public meetings on a public website pursuant to this subsection (2)(c)(III) shall
designate a public place within the boundaries of the local public body at which it may post a
notice no less than twenty-four hours prior to a meeting if it is unable to post a notice online in
exigent or emergency circumstances such as a power outage or an interruption in internet service
that prevents the public from accessing the notice online.
(IV)For purposes of this section, "local public body" includes municipalities, counties,
school districts, and special districts.
(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 exchange electronic mail to discuss pending legislation or other
public business among themselves, the electronic mail is subject to the requirements of this
section. Electronic mail communication between elected officials that does not relate to the
merits or substance of pending legislation or other public business, including electronic mail
communication regarding scheduling and availability or electronic mail communication that is
sent by an elected official for the purpose of forwarding information, responding to an inquiry
from an individual who is not a member of the state or local public body, or posing a question
for later discussion by the public body, shall not be considered a "meeting" within the meaning
of this section. For purposes of this subsection (2)(d)(III), "merits or substance" means any
discussion, debate, or exchange of ideas, either generally or specifically, related to the essence of
any public policy proposition, specific proposal, or any other matter being considered by the
governing entity.
(IV)Neither a state nor a local public body may adopt any proposed policy, position,
resolution, rule, or regulation or take formal action by secret ballot unless otherwise authorized
in accordance with the provisions of this subparagraph (IV). Notwithstanding any other
provision of this section, a vote to elect leadership of a state or local public body by that same
public body may be taken by secret ballot, and a secret ballot may be used in connection with the
election by a state or local public body of members of a search committee, which committee is
otherwise subject to the requirements of this section, but the outcome of the vote shall be
recorded contemporaneously in the minutes of the body in accordance with the requirements of
this section. Nothing in this subparagraph (IV) shall be construed to affect the authority of a
board of education to use a secret ballot in accordance with the requirements of section 22-32-
108 (6), C.R.S. For purposes of this subparagraph (IV), "secret ballot" means a vote cast in such
a way that the identity of the person voting or the position taken in such vote is withheld from
the public.
(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 a governing board of a state
institution of higher education, including the regents of the university of Colorado, 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 electronic recording shall be
required to be kept of the part of the discussion that constitutes a privileged attorney-client
communication. The electronic recording of said executive session discussion shall reflect that
no further record or electronic recording was kept of the discussion based on the opinion of the
attorney representing the governing board of a state institution of higher education, including the
regents of the university of Colorado, as stated for the record during the executive session, that
the discussion constituted a privileged attorney-client communication, or the attorney
representing the governing board of a state institution of higher education, including the regents
of the university of Colorado, may provide a signed statement attesting that the portion of the
executive session that was not recorded constituted a privileged attorney-client communication
in the opinion of the attorney.
(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
electronically recorded. 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 electronic
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 electronic recording 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 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 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 an executive session that has been properly announced pursuant to subsection
(4)of this section, all or a portion of the discussion during the executive session constitutes a
privileged attorney-client communication, no record or electronic recording shall be required to
be kept of the part of the discussion that constitutes a privileged attorney-client communication.
The electronic recording of said executive session discussion shall reflect that no further record
or electronic recording 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 constituted a privileged attorney-client communication, or the attorney representing
the local public body may provide a signed statement attesting that the portion of the executive
session that was not recorded constituted a privileged attorney-client communication in the
opinion of the attorney.
(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)Except as otherwise required by section 22-32-108 (5)(e), C.R.S., 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).
(2.5)(a) For purposes of applying subsections (2)(c)(I) and (2)(d)(I) of this section to a
meeting of a state public body of the general assembly, a quorum must be contemporaneous.
(b)Notwithstanding subsections (1)(b) and (2)(d)(III) of this section, any form of written
communication, electronic or otherwise, exchanged by two or more members of the general
assembly is not subject to this part 4, but any records of the communication are subject to
disclosure to the extent required by the "Colorado Open Records Act", part 2 of article 72 of title
24.
(c)For purposes of the application of this part 4 to the general assembly, "public
business":
(I)Means:
(A)Introduced legislation, including bills, resolutions, and memorials;
(B)Proposed legislation, which includes a bill, resolution, or memorial, if a draft of the
proposed legislation prepared by the office of legislative legal services is being discussed by a
quorum of a statutory committee or a committee of reference during a regular or special
legislative session of the general assembly or by a quorum of any type of interim committee; or
(C)Other matters before a statutory committee, any type of interim committee, or a
committee of reference; and
(II)Does not include matters that are by nature interpersonal, administrative, or
logistical or that concern personnel, planning, process, training, or operations, if the merits or
substance of matters set forth in subsection (2.5)(c)(I) of this section are not discussed. As used
in this subsection (2.5)(c)(II), "merits or substance" has the same meaning as set forth in
subsection (2)(d)(III) of this section.
(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 subsection (3)(b) of this section 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 subsection (2)(d.5)(I) 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, 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 state public
body is not sufficient to satisfy the requirements of this subsection (3).
(III)Matters required to be kept confidential:
(A)By federal law or rules;
(B)By state statutes;
(C)In accordance with the requirements of any joint rule of the senate and house of
representatives pertaining to lobbying practices, the workplace harassment policy, or the
workplace expectations policy; or
(D)In accordance with the requirements of the workplace harassment policy;
(IV)Specialized details of security arrangements or investigations, including defenses
against terrorism, both domestic and foreign, and including 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;
(VIII)With respect to the governing board of a state institution of higher education and
any committee thereof, consideration of nominations for the awarding of honorary degrees,
medals, and other honorary awards by the institution and consideration of proposals for the
naming of a building or a portion of a building for a person or persons.
(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.
(d)Notwithstanding any provision of paragraph (a) or (b) of this subsection (3) to the
contrary, upon the affirmative vote of two-thirds of the members of the governing board of an
institution of higher education who are authorized to vote, the governing board may hold an
executive session in accordance with the provisions of this subsection (3).
(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 name one or more candidates as finalists for the
position of chief executive officer. The state or local public body shall make public the finalist or
finalists under consideration for the position of chief executive officer no later than fourteen
days prior to appointing or employing a finalist 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 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 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 subsection (2)(d.5)(II) 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, including defenses
against terrorism, both domestic and foreign, and including 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;
(e)(I) Determining positions relative to matters that may be subject to negotiations;
developing strategy for negotiations; and instructing negotiators.
(II)Subsection (4)(e)(I) of this section shall not apply to a meeting of the members of a
board of education of a school district:
(A)During which negotiations relating to collective bargaining, as defined in section 8-
3-104 (3), are discussed; or
(B)During which negotiations for employment contracts, other than negotiations for an
individual employee's contract, are discussed.
(III)Notwithstanding subsection (4)(e)(II) of this section, the members of a board of
education of a school district may hold an executive session in accordance with the requirements
of this subsection (4)(e) for the purpose of developing the strategy of the school district for
negotiations relating to collective bargaining or employment contracts.
(f)(I) 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 the "Colorado Open Records Act", part 2 of article 72 of this title; 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.
(i)(I) If the local public body is the board of education of a school district, the governing
body of a district charter school that is authorized pursuant to part 1 of article 30.5 of title 22, or
the governing board of an institute charter school that is authorized pursuant to part 5 of article
30.5 of title 22, negotiations concerning the terms of an employment contract with one or more
finalists for the position of chief executive officer if:
(A)The board or governing body has named more than one candidate as a finalist for the
position of chief executive officer pursuant to subsection (3.5) of this section; and
(B)The board or governing body holds a forum open to the public to conduct interviews
with each of the finalists.
(II)The board or governing body may, in addition to interviewing finalists in a public
forum, interview finalists in executive session.
(III)The board or governing body may instruct personnel and representatives to begin
contract negotiations with one or more candidates in executive session, including the necessary
process to prioritize, for the purposes of negotiation, one or more finalists after public forums
have been completed.
(IV)Prioritizing among the finalists and beginning negotiations with one or more of the
finalists shall not constitute formal action or adoption by the board or governing body. Such
formal action occurs only when the board or governing body comes into public session and casts
votes on their preferred next chief executive officer. No formal adoption is deemed to have taken
place until a public vote has occurred.
(V)As used in this subsection (4)(i), "chief executive officer" means a superintendent of
a school district or a chief executive officer of a charter school.
(5)(Deleted by amendment, L. 96, p. 691, §1, 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)(a) Any person denied or threatened with denial of any of the rights that are
conferred on the public by this part 4 has suffered an injury in fact and, therefore, has standing to
challenge the violation of this part 4.
(b)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.
Source: Initiated 72. L. 73: p. 1666, § 1. C.R.S. 1963: § 3-37-402. L. 77: (1) and (2)
amended and (3) added, pp. 1155, 1157, §§ 1, 1, effective June 19. L. 85: (2.6) added, p. 644, §
6, effective June 19. L. 87: (1), (2.3)(a), (2.3)(b), and (2.5) amended and (2.3)(f) added, p. 926, §
1, effective March 27. L. 89: (2.3)(f) amended, p. 1004, § 4, effective October 1. L. 91: Entire
section amended, p. 815, § 2, effective June 1; (3)(a)(VI) amended, p. 586, § 6, effective October
1. L. 92: (2)(f) added, p. 972, § 1, effective April 23. L. 96: (2)(d)(III) added, p. 1480, § 2,
effective June 1; (1)(b), (1)(d), (2)(d), IP(3)(a), (3)(a)(II), (3)(a)(V), (3)(b), IP(4), (4)(c), (5), and
(7)amended and (3.5) added, p. 691, § 1, effective July 1. L. 97: (3.5) amended, p. 320, § 1,
effective April 14. L. 99: (4)(g) amended, p. 205, § 1, effective March 31. L. 2000: (1)(d)
amended and (3)(a)(VII) added, pp. 414, 415, §§ 4, 5, effective April 13. L. 2001: (3)(a)(III)
amended, p. 150, § 5, effective March 27; (2)(d.5) added and IP(3)(a), (3)(b), IP(4), and (4)(f)
amended, pp. 1069, 1072, §§ 1, 2, effective August 8. L. 2002: (3)(a)(IV) and (4)(d) amended, p.
238, § 7, effective April 12; (2)(d.5)(I)(A) and (2)(d.5)(II)(A) amended, p. 643, § 3, effective
May 24; (3)(a)(VIII) added, p. 85, § 1, effective August 7. L. 2006: (2)(d.5)(I)(A), (2)(d.5)(I)(B),
(2)(d.5)(II)(A), and (2)(d.5)(II)(B) amended, p. 9, § 1, effective August 7. L. 2009: (2)(d.5)(I)(B)
and (3)(a)(II) amended, (HB 09-1124), ch. 94, p. 359, § 1, effective August 5; (4)(g) amended,
(SB 09-292), ch. 369, p. 1967, § 74, effective August 5. L. 2010: (3)(d) added, (SB 10-003), ch.
391, p. 1859, § 40, effective June 9. L. 2012: (2)(d)(IV) added, (HB 12-1169), ch. 64, p. 227, §
1, effective March 24. L. 2014: (2)(d.5)(II)(E) amended, (SB 14-182), ch. 393, p. 1986, § 2,
effective June 6; (9) amended, (HB 14-1390), ch. 380, p. 1859, § 1, effective June 6. Initiated
2014: (1)(a) and (4)(e) amended, L. 2015, p. 2203, § 1, effective upon proclamation of the
governor, December 17, 2014. L. 2016: (1)(a)(III) added and (1)(d) amended, (HB 16-1422), ch.
351, p. 1436, § 15, effective June 10. L. 2019: IP(3)(a) and (3)(a)(III) amended, (SB 19-244), ch.
243, p. 2377, § 2, effective May 20; (2)(c) amended, (HB 19-1087), ch. 134, p. 608, § 1,
effective August 2; IP(4) and (4)(e) amended, (HB 19-1201), ch. 98, p. 359, § 1, effective
September 1. L. 2021: (2)(c)(IV) amended, (SB 21-268), ch. 222, p. 1185, § 23, effective June
11; (3.5) amended, (HB 21-1051), ch. 183, p. 986, § 2, effective September 7; (2)(d)(III)
amended, (HB 21-1025), ch. 24, p. 110, § 1, effective September 7. L. 2022: (4)(i) added, (HB
22-1110), ch. 66, p. 327, § 1, effective April 4. L. 2024: (2.5) added, (SB 24-157), ch. 23, p. 65,
§ 2, effective March 12; (3)(a)(III) amended, (SB 24-160), ch. 445, p. 3115, § 2, effective
August 7.
Editor's note: (1) Subsection (2.3)(f) was amended by House Bill No. 1143, enacted by
the General Assembly at its first regular session in 1989, as a conforming amendment
necessitated by the authorization for the operation of the university of Colorado university
hospital by a nonprofit-nonstock corporation. The Colorado Supreme Court subsequently
declared House Bill No. 1143 unconstitutional in its entirety. See Colorado Association of Public
Employees v. Board of Regents, 804 P.2d 138 (Colo. 1990). Senate Bill 91-225, enacted by the
General Assembly at its first regular session in 1991, authorized the operation of university
hospital by a newly created university of Colorado hospital authority. Since the previous act was
declared unconstitutional in its entirety, the General Assembly elected to make a similar
conforming amendment in Senate Bill 91-225. However, subsection (2.3)(f) was amended in
Senate Bill 91-33, enacted by the General Assembly at its first regular session in 1991. The
provisions of said subsection (2.3)(f) were moved to subsection (3)(a), and, therefore, said
subsection was the version amended. For further explanation of the circumstances surrounding
the enactment of Senate Bill 91-225, see the legislative declaration contained in section 1 of
chapter 99, Session Laws of Colorado 1991.
(2)The vote count on the measure at the general election held November 4, 2014, was as
follows:
FOR: 1,364,747
AGAINST: 582,473
(3)Section 4 of chapter 23 (SB 24-157), Session Laws of Colorado 2024, provides that
the act changing this section applies to meetings of the general assembly, state public bodies of
the general assembly, and members of the general assembly occurring on or after March 12,
2024.
Cross references: For the legislative declaration contained in the 1996 act enacting
subsection (2)(d)(III), see section 1 of chapter 271, Session Laws of Colorado 1996. For the
legislative declaration contained in the 2002 act amending subsections (2)(d.5)(I)(A) and
(2)(d.5)(II)(A), see section 1 of chapter 187, Session Laws of Colorado 2002. For the legislative
declaration in the 2010 act adding subsection (3)(d), see section 1 of chapter 391, Session Laws
of Colorado 2010. For the legislative declaration in HB 24-1051, see section 1 of chapter 183,
Session Laws of Colorado 2021. For the legislative declaration in SB 24-157, see section 1 of
chapter 23, Session Laws of Colorado 2024.