CIRSA trains Woodland Park council on fiduciary duties, open‑meetings and quasi‑judicial risks

Sam Light, deputy executive director and general counsel for the Colorado Intergovernmental Risk Sharing Agency (CIRSA), told Woodland Park City Council members at a 5 p.m. work session that elected and appointed officials must treat public office as a “public trust” and prioritize the city’s interests when making decisions.

Light said the fiduciary responsibility for local officials “is the obligation … to put the interest of the city, right, and the public interest above all other interests.” He told council members to take the time they need and use city staff and the city attorney to gather information before deciding on policy matters.

The training focused on several topics the city cited as risk areas. Light warned that electronic communications — email, text, chat or social media — can trigger both open‑records and open‑meetings obligations. “Don’t say anything in an email, text or chat that you wouldn’t want to say in an open public meeting,” he said. He added that three or more members using electronic means to discuss public business can create an unpublic meeting under Colorado law.

Light reviewed statutory protections and exceptions. He described the Colorado Governmental Immunity Act and CIRSA coverage as safeguards that typically require officials to act within their scope of authority and not engage in “willful and wanton” conduct. He said those protections and public‑official liability policies will not apply if a court finds malicious, criminal or intentionally harmful conduct.

The presentation also covered federal civil‑rights exposure and qualified immunity, noting that officials are protected unless they violate clearly established statutory or constitutional rights. Light urged officials to consult the city manager and city attorney when federal‑law risks arise.

Light emphasized organizational structure and chain of command, in particular the council‑manager form of government. He told council members to exercise authority collectively in public meetings, rather than individually, and to channel administrative or personnel issues through the city manager. He cited the city charter language that confines administrative direction to the manager and limits council involvement in day‑to‑day personnel matters.

For planning commissioners and council members who act as licensing or land‑use decision makers, Light outlined quasi‑judicial rules: provide appropriate notice and hearings, decide on the basis of evidence presented at the hearing, avoid ex parte communications with interested parties, and remain neutral and impartial. He said decisions must be tied to the city’s legal standards and the record. “If you make a decision, state on the record why it meets or fails the applicable standards,” he advised.

Light described common sources of claims he sees as CIRSA counsel, including employment practices claims, open‑meetings or records challenges, land‑use appeals alleging arbitrary action, and requests to exercise authority outside the council’s scope. He encouraged council members to use processes that document deliberations and to avoid reactive, retaliatory conduct.

Council members asked a few clarifying questions during the session; Sam Light and staff offered handouts summarizing CIRSA services, guidance on electronic communications, and a quasi‑judicial checklist for hearings. No formal actions or votes were taken at the work session.