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County attorney requests executive session to discuss pending litigation, PUC dockets, contracts and property

June 05, 2025 | Pueblo County, Colorado


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County attorney requests executive session to discuss pending litigation, PUC dockets, contracts and property
Pueblo County County Attorney Cynthia Mitchell asked the Board of County Commissioners to convene an executive session during the June 5 work session to receive legal advice and develop negotiation strategy on multiple specific matters.

Mitchell cited Colorado statute as the basis for the closed meeting: "C.R.S. section 24-6-402(4)(b)" for receiving legal advice, and she also cited the statutory subsections that permit meetings for negotiations and property discussions. She listed the items she said the board should discuss in closed session: pending litigation in "the estate of Richard Ward versus Pueblo County Sheriff's Office," a potential amendment to a real estate convenience agreement with Comanche Corporation, the Black Hills Energy rate case (PUC docket "24AL-0275E" as stated in the transcript), the Public Service Company's just transition solicitation (PUC docket "24A-0442E" as stated), the International Brotherhood of Police Officers collective bargaining agreement, a potential waiver of conflict of interest regarding an audit, a regional building department intergovernmental agreement with the city, a potential contract with a realtor and instructing negotiators, a potential tenant in the Government Services Building, and a potential purchase of real estate.

After Mitchell's request, a commissioner moved to go into executive session. The transcript records a voice "aye" and the board entering executive session; no roll-call vote count was recorded on the public transcript excerpt.

The request is significant because it covers litigation, regulatory dockets before the Colorado Public Utilities Commission, collective bargaining, contract negotiations, and potential real estate transactions — matters for which the county may lawfully seek confidential legal advice and negotiation strategy under Colorado open meetings law.

Cynthia Mitchell, the county attorney, made the request on the record: "I'm requesting an executive session with the board for the purpose of receiving legal advice on specific legal questions under C R S section 24 6 4 2 4 b, and specific legal issues are regarding pending litigation" (transcript). The board then moved into executive session.

The transcript provides statutory citations and specific dockets and parties as Mitchell enumerated them on the record. The public record in the transcript ends at the board's motion and voice approval to convene the closed session; the transcript does not include the content of the executive session or subsequent public minutes of its outcomes.

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