HomeMy WebLinkAbout11/20/2025 - Water Commission - SUPPLEMENTAL DOCUMENTS - Regular Meeting (3)Headline Copy Goes Here
Senior Assistant City Attorney
Eric Potyondy
Water Commission:
Proposed Change
to Bylaw on the
Substance of
Executive Sessions
Nov. 20, 2025
Headline Copy Goes HereExecutive Sessions
2
Colorado Sunshine Law
Part 4 -- Colorado Open Meetings Law
“It is declared to be a matter of statewide concern and the policy of
this state that the formation of public policy is public business and
may not be conducted in secret.”
CRS 24-6-401.
Meetings of local public bodies “at which any public business is
discussed or at which any formal action may be taken are declared
to be public meetings open to the public at all times.”
CRS 24-6-402(2)(b).
Executive sessions are an exception and can only be held for
certain purposes.
CRS 24-6-402(4).
Headline Copy Goes HereCity Charter and Executive Sessions
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City Charter Article II, Section 11:
Executive sessions may only be held to:
(1) discuss personnel matters; or
(2) consult with attorneys representing the city regarding specific
legal questions involving litigation or potential litigation and/or
the manner in which particular policies, practices or
regulations of the city may be affected by existing or proposed
provisions of federal, state or local law; or
(3) consider water and real property acquisitions and sales by the
city; or
(4) consider electric utility matters if such matters pertain to issues of
competition in the electric utility industry.
Does Not Include:
“Determining positions relative to matters that may be subject to
negotiations; developing strategy for negotiations; and instructing
negotiators.”
CRS 24-6-402(4)(e)(I)
Headline Copy Goes HereAMENDED City Charter and Executive Sessions
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City Charter Article II, Section 11:
Executive sessions may only be held to:
(1) discuss personnel matters; or
(2) consult with attorneys representing the city regarding specific
legal questions involving litigation or potential litigation and/or
the manner in which particular policies, practices or
regulations of the city may be affected by existing or proposed
provisions of federal, state or local law; or
(3) consider water and real property acquisitions and sales by the
city; or
(4) consider electric utility matters if such matters pertain to
issues of competition in the electric utility industry; or
(5)discussing and considering any other matter authorized by the
Colorado Open Meetings Law, Section 24-6-401 Colorado
Revised Statutes, as amended.
Headline Copy Goes HereCity Code and Executive Sessions for Boards and Commissions
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City Code Section 2-72(a):
City boards and commission “may go into executive session for the
purpose of considering such matters as would be permissible
for consideration by the City Council in executive session, as
enumerated in Subsection 2-31(a) above, insofar as such matters
may be pertinent to the purposes for which the board or commission
has been established by the City Council.”
City Code Section 2-31(a):
Lists purposes for executive sessions, consistent with City Charter.
To be amended by ordinance (readings on December 2nd and 16th,
effective December 24th) to be consistent with amendments to City
Charter.
Headline Copy Goes HereWater Commission Bylaws and Executive Sessions
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Bylaws Article V, Section 8:
Executive sessions may be … for the stated purpose of discussing
personnel matters as described in the City Code, potential conflicts
of interest, property acquisition and sales by the City, or meeting
with the City Attorney or other attorneys representing the City
regarding legal issues.
Headline Copy Goes HerePROPOSED Water Commission Bylaws and Executive Sessions
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Bylaws Article V, Section 8:
Goal to align bylaws with City Code and City Charter.
Option 1:
Executive sessions may be … for the stated purpose of: discussing
personnel matters as described in the City Code,; potential conflicts of
interest,; property acquisition and sales by the City,; or meeting with
the City Attorney or other attorneys representing the City regarding
legal issues, or discussing and considering any other matter authorized
by the Colorado Open Meetings Law, Section 24-6-401 Colorado
Revised Statutes, as amended.
Option 2:
Executive sessions may be … for the stated purposes of discussing
personnel matters as described in the City Code, potential conflicts of
interest, property acquisition and sales by the City, or meeting with the
City Attorney or other attorneys representing the City regarding legal
issues authorized by City Code.
Headline Copy Goes HereNext Steps
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Bylaws Article IX, Section 2
Proposed amendments shall be presented for consideration at a
regular Board meeting, and adopted at the next meeting.
Proposed bylaw change presented in this
meeting and can be voted on at next meeting.
Proposed Motion:
I move that the Water Commission vote at the next regular meeting
on a proposed change to the bylaws, Article V, Section 8, that
executive sessions may be for the purposes authorized by City
Code.
Headline Copy Goes Here