Tag Archives: executive sessions

August 1st BOCC Meeting: Board Attorney Admits Violations of Executive Session Laws

Board of County
Commissioners (BOCC)

-August 1, 2017
WESTCLIFFE, CO
by Jackie Bubis, Reporter

The meeting started at 9 a.m. with the Pledge of Allegiance and Roll Call. Introductions of the public in attendance followed.
For the second day in a row, the meeting began with Louis “Perry Mason” Devanney asking pointed questions of the Board, this time of Attorney Smith. His questions revolved around the statutory reasons for Executive Sessions. Smith answered that there were statutory reasons. Those reasons included legal advice, personnel issues, etc. Smith stated that “personnel issues should be discussed in executive session unless the person being discussed has made a specific request to have an open meeting.” Mr. Devanney belabored the point with Mr. Smith that all the executive sessions that this Board has had since January (Note: their estimate was 10 of them – by my count there were 17) were proper and necessary. The Sentinel reporter asked a follow up question of Mr. Smith. “On each of the executive sessions regarding personnel since the new Board was seated (there have been nine) was the person being discussed notified beforehand so he could choose an open meeting?” Mr. Smith replied that the person had been there in one case but was not invited the other eight times. (Editor/GG: Not notifying the subject of a “personnel” based Executive Session 24 hours in advance so the person can exercise their statutory rights on whether they want to attend, not attend, or make the session public is a DIRECT VIOLATION of the Open Meetings Law. These are serious violations of the employees’ rights under Colorado law that do not seem to bother Attorney Smith or the BOCC. This is just another example of the lack of character and honesty of the BOCC. This problem must be rectified.)

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