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Pueblo County commissioners enter executive session to get legal advice on Comanche agreement, energy cases, child care contract and fleet lease
Summary
The Pueblo County Board of County Commissioners voted unanimously during a Feb. 27 work session to go into executive session to receive legal advice and discuss negotiation strategy on several pending matters, including the Comanche agreement, two Public Utilities Commission proceedings and a potential child-care contract.
Pueblo County commissioners voted to enter an executive session during their Feb. 27 Board of County Commissioners work session to receive legal advice and discuss negotiation strategy on multiple pending matters.
County Attorney Cynthia Mitchell told the board she was "requesting an executive session" under Colorado law to get legal advice and to consider positions and strategy for negotiations on a list of items that included the county's obligations under the Comanche agreement, PUC litigation involving a Black Hills Energy rate case (PUC case 24AL-0275E), Public Service Company of Colorado's just transition solicitation proceeding (PUC case 21AD-0141E), a potential contract with a vendor to provide child-care services under the county's child care assistance program, and a fleet financing lease agreement.
The request cited Colorado Revised Statutes §24-6-402(4)(b) — authorizing executive sessions for receiving legal advice on specific legal questions — and §24-6-402(4)(e) — authorizing sessions to determine positions relative to matters that may be subject to negotiations and to instruct negotiators. "to determine positions relative to matters that may be subject to negotiations," Mitchell said when describing the negotiation topics.
The chair asked for a motion. Mitchell made the motion to enter executive session, which was seconded by the chair. Two voice votes of "aye" were recorded and the board entered the executive session. Commissioner Lucero was excused from the meeting, and County Manager Genesio told commissioners there were no regular agenda items for that session and that items would be brought forward at the Tuesday meeting.
The commission's action was limited to approving the executive session; no formal public decisions or contract awards were made on the record during the work session. The matters identified for the executive session — litigation and negotiation strategy involving energy cases, a possible child-care contract and fleet financing — indicate staff and legal counsel sought closed-door legal advice and negotiation direction before any public action or vote.
