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DDA counsel warns members to use city email; CORA and open-meetings risks explained
Summary
DDA attorney and staff advised board members to use city email addresses for DDA business, warned that replying-all can trigger open-records concerns under Colorado law (CORA), and recommended retaining official communications on city accounts.
DDA legal counsel and city staff advised board members to conduct board business only on official city email accounts to limit exposure under Colorado Open Records Act (CORA) and open meetings rules.
At the meeting Josh, identified as DDA attorney, told members that emails among board members can be considered a meeting under Colorado law and become part of public records. He said he would “never recommend that you delete anything” and advised that using city-issued email addresses helps contain official communications. He also explained that staff often blind-copy board members to prevent reply-all threads that can inadvertently create a serial meeting record.
Board members reported inconsistent receipt of packet emails; staff acknowledged the problem and committed to adding missing city email accounts to the distribution list after the meeting. Counsel advised that communicating via personal email increases the chance that a public-records request will require staff to search personal accounts, so the consistent use of official city accounts is the recommended practice.
The DDA did not take formal action in response to the guidance, but staff and counsel said they would follow up to ensure all members have access to city email and the meeting packet online.
