EF8F558602EE208B87258936007551EE Hearing Summary

Heather Stauffer, Colorado Municipal League (CML). The CML represents 270 of Colorado's 272 towns and cities and appreciated the opportunity to speak with the commission. This is an issue that CML and its member municipalities have worked on diligently since the beginning of the pandemic to develop virtual meeting procedures while upholding open meeting requirements and other applicable laws. Most municipalities, at this point, have solidified procedures and rules, have acquired systems, and have trained their staff and officials to use these systems. These current systems and processes were paid for by one-time funding sources and there is concern that new mandates in this arena could disrupt those systems or require additional funding for those communities. Secondly, the Colorado Open Meeting Law already recognizes that meetings of public bodies may be conducted electronically and the state's attorney general has stated that local governments can conduct virtual meetings electronically under the open meeting law as well. The CML is concerned that adopting the model act could unintentionally disrupt some longstanding legal interpretation and application of the open meeting law. Specifics were shared in the CML letter to the commission and asked that the commission not move forward on this act.

Robert Sheesley, General Counsel for the Colorado Municipal League, stated he was available to answer any questions for him but felt his colleagues adequately addressed the concerns from local governments and thanked the commission for its attention to the issue.

Commissioner Levy thanked the witnesses for their thoughtful review of the model act. She agreed that the act was drafted for those states that weren't equipped to address the pandemic and only able to continue to function and meet under executive orders that may have been limited in duration. She also noted that the act was drafted to allow for minor deviations from the provisions of the act and was intended to work within existing open meeting laws that did not contemplate virtual meetings. The commission thanked the witnesses for their time and testimony.

     Commissioner Levy moved that the commission withdraw the Public Meetings During Emergencies Model Act from the legislative agenda. Commissioner Gardner seconded and the motion passed without objection.