Elbert County commissioners hold executive session on litigation with sheriff’s office; take no formal action

The Elbert County Board of County Commissioners met in special session on March 3, 2025, and unanimously approved its agenda before moving into an executive session to receive legal advice and develop negotiation strategy in litigation with the Elbert County Sheriff’s Office. The board recessed for the executive session at about 10:02 a.m. and returned to open session at 11:21 a.m., with no formal action taken.

The board said the executive session was held under exemptions to the Colorado Open Meetings Law, citing Colorado Revised Statutes §24-6-402(4)(b) and (e), to confer with the county attorney and to develop strategy for negotiations. Commissioner Byron McDaniel identified the subject as legal advice related to litigation pending in Elbert County District Court between the Elbert County Board of County Commissioners and the Elbert County Sheriff’s Office, case number 2024CV3091.

During the session, county counsel and other attorneys were present. After the board returned to open session, McDaniel stated, “The board took no formal action in this conversation of section 24-6-402(4) of the Colorado Revised Statutes and no adoption of any proposed policies, positions, resolutions, rules, or regulations took place.” The board then moved to adjourn.

Votes at a glance: The board unanimously approved the meeting agenda, voted unanimously to enter executive session, and unanimously approved adjournment. No ordinances, resolutions, contracts, appointments, or other formal actions were adopted at the session.

The meeting began at 10 a.m.; commissioners recessed for executive session at about 10:02 a.m. and reconvened at 11:21 a.m. The session focused narrowly on receiving legal advice and developing negotiation strategy regarding the cited litigation; the board recorded no further direction to staff or public commitments when it returned to open session.