Tag Archives: OML

CFOIC brief: Eliminating penalties for ‘cured’ violations ‘eviscerates’ enforcement of open meetings law – Colorado Freedom of Information Coalition

The Colorado Supreme Court is reviewing whether the Court of Appeals in 2023 incorrectly rejected the awarding of attorney fees to plaintiff Erin O’Connell, who successfully challenged the Woodland Park school board — at least initially — over a meeting-notice violation that the board “effectively cured” at a subsequent meeting.
— Read on coloradofoic.org/cfoic-brief-eliminating-penalties-for-cured-violations-eviscerates-enforcement-of-open-meetings-law/

Colorado Supreme Court will review judicially created doctrine that lets public bodies ‘cure’ open meetings law violations – Colorado Freedom of Information Coalition

The “cure” case concerns a 2022 open meetings law violation by the Woodland Park school board, which considered a memorandum of understanding with a charter school under a vague “BOARD HOUSEKEEPING” agenda item.

A district court judge initially granted a preliminary injunction, ordering the board to “clearly, honestly and forthrightly” list future agenda items pertaining to the charter school. But the judge and the Court of Appeals later rejected plaintiff Erin O’Connell’s argument for the awarding of attorney fees because the board “effectively cured the prior violation” by discussing and voting on the MOU at a subsequent public meeting.
— Read on coloradofoic.org/colorado-supreme-court-will-review-judicially-created-doctrine-that-lets-public-bodies-cure-open-meetings-law-violations/

Colorado Supreme Court will review judicially created doctrine that lets public bodies ‘cure’ open meetings law violations – Colorado Freedom of Information Coalition

A district court judge initially granted a preliminary injunction, ordering the board to “clearly, honestly and forthrightly” list future agenda items pertaining to the charter school. But the judge and the Court of Appeals later rejected plaintiff Erin O’Connell’s argument for the awarding of attorney fees because the board “effectively cured the prior violation” by discussing and voting on the MOU at a subsequent public meeting.
— Read on coloradofoic.org/colorado-supreme-court-will-review-judicially-created-doctrine-that-lets-public-bodies-cure-open-meetings-law-violations/

Court of Appeals affirms judge’s order requiring release of Woodland Park School District security footage – Colorado Freedom of Information Coalition

The state’s second-highest court Thursday affirmed a judge’s order to disclose video surveillance footage showing three Woodland Park school board members talking with a candidate for superintendent after a public meeting in December 2022.
— Read on coloradofoic.org/court-of-appeals-affirms-judges-order-requiring-release-of-woodland-park-school-district-security-footage/

Open Meetings Law case in Denver mirrors WPSD

There’s an ongoing court case in Douglas County, alleging the board violating open meetings laws by discussing the firing of their superintendent in private one on one discussions. This had previous been a gray area of Open Meetings Law…seeming to violate the spirit of the law while not actually being prevented by the law. This latest case though might be setting legal precedent in this area, as a Judge is ruling one on one discussions is a violating, saying “Circumventing the statute by a series of private one-on-one meetings at which public business is discussed and/or decisions reached is a violation of the purpose of the statute, not just its spirit.”

Interim Superintendent Ken Witt even admitted that he has one on one and one on two meetings with board members, though there’s never been any doubt prior that this is what the board was doing. Maybe the best documented case was their total lack of deliberation when deciding upon a new board member to replace a vacant seat.

With the law still not black and white in this matter, it doesn’t mean we can expect any change in WPSD’s board behavior. But hopefully it’ll lead to clarification of the law and improved government transparency statewide.

Judge orders release of Woodland Park School District surveillance footage to parent – Colorado Freedom of Information Coalition

A judge Wednesday ordered the Woodland Park School District to disclose video surveillance footage showing three school board members talking with a candidate for superintendent after a public meeting last December.

Teller County District Court Judge Scott Sells said he was not persuaded by the school district’s argument that the recordings either aren’t public records as defined by the Colorado Open Records Act or could lawfully be withheld under CORA’s discretionary exception for records revealing “specialized details … of security arrangements or investigations.”
— Read on coloradofoic.org/judge-orders-release-of-woodland-park-school-district-surveillance-footage-to-parent/