This story by Sara Wilson appeared on Colorado Newsline on March 11, 2024.
The Colorado Legislature gave final approval Monday to a bill that narrows the scope of the state’s open meetings law as it relates to state lawmakers.
Senate Bill 24-157 would define the type of behavior and communication that falls under the open meetings law and what constitutes a public meeting. A public meeting that requires a notice and recorded minutes would involve a contemporaneous quorum of a public body — meaning a quorum of a chamber, party caucus or committee happening in real time, as opposed to a series of electronic communications or one-on-one meetings that in sum would reach a quorum — discussing public business.
Public business, as defined in the bill, includes introduced legislation and drafted legislation being discussed by a quorum.
That would allow smaller groups of lawmakers to meet without notice.
The bill also clarifies that electronic communications like text messages and emails are not meetings, but they do fall under the state’s open records act.
The bill is sponsored by Democratic leadership from both chambers. They say it is an attempt to codify current practice and accommodate the often informal day-to-day process lawmakers partake in to develop a bill without violating the law.
“None of this is shielding the public from being able to see what we’re doing,” House Speaker Pro Tempore Chris deGruy Kennedy, a Lakewood Democrat, said.
“Did we solve every single problem that has come up in this conversation? No. But we think we made meaningful progress on solving some of the problems that have made it difficult for people to understand how they are supposed to operate under the open meetings law in Colorado,” he said.
The bill faces opposition from groups including the Colorado Freedom of Information Coalition and the state’s chapter of the League of Women Voters, who argue that it could reduce transparency in the lawmaking process. In 1972, voters passed the open meetings law as part of the Sunshine Act.
CFOIC contends that the bill could allow lawmakers to debate and form policy through electronic communication and evade public scrutiny. Those messages might not fall under open records guidelines if they are considered “work product.”
On Monday, House Republicans attempted to return the bill to committee for further deliberation.
“We all know that there are things that need to be brushed up on and looked at as time changes, but we weren’t fully involved,” Assistant Minority Leader Ty Winter, a Trinidad Republican, said. “We don’t feel that our constituents and stakeholders were fully involved in this process. I believe that we missed an opportunity for both sides, along with our citizens, to get together to try and come up with a piece of legislation that would make all sides happy.”
That motion failed, though three Democrats voted in favor of it. That included Democratic Reps. Elisabeth Epps of Denver and Bob Marshall of Highlands Ranch, who sued the chamber last year over alleged violations of the open meetings law.
There was no debate on the bill from either party ahead of the second reading vote on Friday.
The House passed SB-157 on a 39-22 vote, with six Democrats opposed. It passed the Senate on a 21-12 vote earlier this month. The bill now heads to the governor’s desk.