Assistant city attorney briefs commission on Colorado open‑meetings law and pitfalls

Joshua Myers, the assistant city attorney, presented a concise overview of the Colorado Open Meetings Law (OML) during the March 27 Planning Commission meeting, focusing on what actions constitute a 'meeting,' notice and minute requirements, and common compliance pitfalls.

Myers described meetings broadly—any gathering to discuss public business in person, by telephone, electronically, or by other communications—and warned that threaded electronic exchanges, 'reply all' emails and serial conversations among commissioners can trigger OML obligations and legal exposure. "The OML requires minutes to be taken at any public meeting of a local public body and minutes of the public meeting shall be recorded and open for public inspection," Myers said. He emphasized that improperly convened gatherings can render any formal action void and expose the city to attorney‑fee claims.

Commissioners asked clarifying questions about trainings and whether a discussion among two members constitutes a meeting; Myers reiterated that a meeting occurs when three or more members (the city’s quorum rule) gather to discuss public business and that many trainings will be treated as public meetings to avoid inadvertent OML exposure. He also flagged executive sessions as legally narrow and procedurally strict. "If you are unsure, always reach out," Myers advised; "obviously reach out to Joshua or Toby."

The presentation framed practical changes staff and commissioners can adopt—treat multi‑member trainings as noticed public meetings, avoid serial one‑to‑one information sharing that aggregates into quorum decisions, and consult the city attorney when in doubt. The commission followed with a discussion of electronic messaging, social media, and question about what counts as a gathering, with Myers advising a cautious approach to preserve transparency and reduce litigation risk.