Routt County commissioners hold attorney-client executive session on Xcel filings for just transition plan

Acting chair of the Routt County Board of County Commissioners on Jan. 7 moved the board into an executive session to discuss Xcel Energy filings regarding a just-transition plan pursuant to Colorado law on attorney-client privileged matters.

The motion cited Colorado Revised Statutes section 24-6-402(4)(b) (the county attorney—s authority to advise on privileged communications) and stated the session would not be electronically recorded because the county attorney advised the subject was protected by attorney-client privilege. The chair cautioned participants to confine discussion to the stated purpose and that no formal action may occur during the executive session.

The board recessed into executive session at approximately 9:40 a.m. and concluded the session at about 10:27 a.m. After the session the clerk read the list of present persons (the commissioners, county manager, assistant county manager and county attorney) and confirmed the discussion had been limited to the stated purpose; no formal action was taken in the executive session.

Why this matters: executive sessions invoked under CRS 24-6-402 are commonly used for privileged legal advice; while they limit public transparency for the discussion itself, Colorado law permits such closed deliberations when attorney-client privilege applies. The board did not take any vote or other publicly recorded action during the closed session.

Ending

The board returned to open session at 10:27 a.m. and proceeded with the agenda, including interviews for the Fair Advisory Board.