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City attorney briefs Transportation Advisory Board: conduct public business in public, avoid serial meetings
Summary
Janet Michaels of the City Attorney’s Office told the Transportation Advisory Board (TAB) that Colorado open meetings law bars decision-making outside noticed public meetings, cautioned against email 'reply-all' and serial contacts, and explained confidentiality for attorney‑client communications and limits on board authority.
City Attorney’s Office attorney Janet Michaels told the City of Boulder’s Transportation Advisory Board on Monday that boards and commissions must conduct official business in duly noticed public meetings and avoid informal decision‑making outside those meetings. "All business of the state should be conducted in a duly noticed public meeting," Michaels said during an orientation session.
Why it matters: TAB is advisory to City Council but frequently reviews policies and the transportation master plan; failure to follow Colorado’s open meetings law can void actions, produce mandatory attorney‑fee awards and other legal consequences.
Michaels outlined the legal framework that governs TAB’s work, saying the city charter sets the high‑level powers of the city, the Boulder Revised Code provides more specific duties for boards and commissions, and the city manager’s rules can supply nimble, administrative detail. She told TAB members that the code requires TAB to hold a public hearing before issuing recommendations.
Michaels warned members not to use email threads or “reply all” in ways that create a serial meeting. She explained the basic rule: when a quorum or a series of communications effectively produces a collective decision outside a noticed meeting, the open meetings law can be violated. She said consequences include invalidation of the disputed action and the possibility of a court ordered injunction and attorney fees. "If there is a violation that's proven, whatever the action was that you took based on the vote... the violation can be rendered invalid," Michaels said.
On communications and staffing, Michaels and Interim Director of Transportation and Mobility Valerie Watson told members to funnel work requests and staff direction through the department director. Watson reiterated that staff take direction from the city manager; board members should use the director as the formal liaison for requests or research. Michaels also emphasized that communications with the City Attorney’s Office are privileged: members may ask for legal advice and those communications are protected by attorney‑client confidentiality, though the fact of the communication may be discoverable in litigation.
Michaels answered common conflict‑of‑interest questions — gifts, recusal, and contracts — and advised members that if they speak publicly to City Council or the media they must make clear whether they speak in a personal capacity or on behalf of TAB. She said the board may adopt a formal position only after TAB has authorized the statement; individual members may speak as private citizens but should identify themselves as such.
The orientation included practical guidance: avoid private multi‑member meetings, do not conduct deliberations by serial email or phone chains, and limit one‑on‑one meetings to non‑decisional information‑gathering. TAB members were advised to forward substantive written questions to staff or the chair in advance so staff can prepare full answers for the public meeting.
The session closed with Michaels reminding members to ask the City Attorney’s Office for help when unsure: "If you just have a question, the first call should be the city attorney's office," she said.
The board did not take formal legal action at the meeting; discussion was advisory and informational.
