24-6-401. Declaration of policy.

Statute text

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.

History

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.

Annotations

 

ANNOTATION

Annotations

Law reviews. For article, "Home Rule Municipalities and Colorado's Open Records and Meetings Laws", see 18 Colo. Law. 1125 (1989).

Open meetings law is a general law. Associated Students of Univ. of Colo. v. Regents of Univ. of Colo., 189 Colo. 482, 543 P.2d 59 (1975).

Such legislation does not generally repeal conflicting special statutory or constitutional provisions unless the intent to do so is clear and unmistakable. Associated Students of Univ. of Colo. v. Regents of Univ. of Colo., 189 Colo. 482, 543 P.2d 59 (1975).

Such as that concerning attorney-client communications. The open meetings law cannot and does not repeal by implication the statutory provision concerning the attorney-client evidentiary privilege, 13-90-107 (1)(b). Thus, executive sessions of a university board of regents involving "attorney-client communications" are permitted. Associated Students of Univ. of Colo. v. Regents of Univ. of Colo., 189 Colo. 482, 543 P.2d 59 (1975).

The intent of the Open Meetings Law is to afford public access to a broad range of meetings at which public business is considered. Benson v. McCormick, 195 Colo. 381, 578 P.2d 651 (1978); Van Alstyne v. Hous. Auth. of City of Pueblo, 985 P.2d 97 (Colo. App. 1999); Bd. of County Comm'rs v. Costilla County Conservancy Dist., 88 P.3d 1188 (Colo. 2004).

The public meetings laws are interpreted broadly to further the legislative intent that citizens be given a greater opportunity to become fully informed on issues of public importance so that meaningful participation in the decision-making process may be achieved. Cole v. State, 673 P.2d 345 (Colo. 1983).