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Board moves into executive session to receive legal advice and negotiate animal-shelter IGA with Gilpin County
Summary
The Clear Creek County Board of County Commissioners voted to enter executive session under Colorado statute CRS 24-6-402(4)(b) and (d) to receive legal advice and develop negotiation strategy regarding an intergovernmental agreement with Gilpin County for operation of an animal shelter; no decisions were made and no written minutes will be kept.
The Clear Creek County Board of County Commissioners voted on Sept. 30 to adjourn into executive session to receive legal advice and to develop negotiation strategy concerning an intergovernmental agreement (IGA) with Gilpin County for operation of an animal shelter.
Chair Marlon moved the board into executive session "pursuant to CRS 24-6-402(4)(b) and (d) for the county attorney to meet with the board of county commissioners for the purposes of receiving legal advice on specific legal questions pertaining to the intergovernmental agreement between Gilpin County and Clear Creek County for the operation of an animal shelter and determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and instructing negotiators with regard to the IGA." A second was acknowledged and the chair called the question; the commissioners voted in favor and the board adjourned to executive session.
The chair announced on the record that no written minutes would be kept for the executive session and that no decisions would be made there; the board returned to the public meeting only to adjourn. Commissioner Lloyd and other commissioners discussed scheduling and whether to defer some executive-session items so Commissioner Lloyd could participate remotely; the board later recessed into the executive session and then concluded the meeting.
Why this matters: CRS 24-6-402(4)(b) and (d) permit public bodies to meet in executive session to obtain privileged legal advice and to determine negotiation strategy. The boards stated purpose was to discuss the legal questions and negotiation posture related to a joint animal-shelter operation with a neighboring county.
No substantive details of the IGA or negotiation positions were disclosed in open session; the transcript records the motion, the statutory citation for the executive session and the boards unanimous agreement to adjourn into the closed session, followed by adjournment of the meeting.
