PUBLIC'S RIGHT TO KNOW SUFFERS SETBACK

Preamble to the Colorado Open Meetings law: 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.

I’m afraid that these words were taken in vain last week in Boulder County District Court where Judge Roxanne Bailin failed to rule on the crux of a complaint lodged by the Longmont Times-Call and reporter Rachel Carter that a substantial discussion of nonexempt topics and adoption of public policy had unlawfully occurred during a June 23 executive session of the Longmont City Council which, if true, would render any action therein null and void.

The local newspaper, defending the public’s right to know, offered evidence that indicated the council indeed had taken a “straw vote” behind closed doors, was led to believe the session was recorded, and asked the court to review the tapes for verification. But there were no tapes, which is permissible under the attorney-client exemption. City attorney Eugene Mei nonetheless fought to prevent release of the “audio recording” of the June 23 session and referred to it twice later in communications with the court. Knowing all along there was no recording, Mei finally presented to the court a tape that had nothing on it to review except the required pre-secret meeting announcement. Instead of sanctioning the city attorney for playing games, Bailin merely called the city’s position “mystifying” and left the allegation of forming public policy in secrecy hanging in the wind.

Attorney-client communications behind closed doors are exempt; forming public policy is not. Unfortunately this half-baked outcome opens the door wide for all local governments in the state to now declare every executive session attorney-client privileged, with policy-making off limits to the press and public.