HomeMy WebLinkAboutOrdinance No. 224, 2025-1-
ORDINANCE NO. 224, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-31 OF THE CODE OF THE CITY OF
FORT COLLINS CONCERNING ALLOWING EXECUTIVE
SESSIONS TO DISCUSS ANY MATTER AUTHORIZED BY
COLORADO OPEN MEETINGS LAW
A. Colorado law requires governing bodies of local governments such as City
Council to conduct meetings open to the public, except for executive sessions. Similarly,
Fort Collins Municipal Code Section 2-31 allows City Council, by two-thirds (2/3) vote, to
meet in executive session, which is closed to the public.
B. A coordinated election was held on November 4, 2025, and voters approved
a City Charter amendment that added a basis for executive sessions. The additional basis
for executive sessions is to discuss and consider any matter authorized by the Colorado
Open Meetings Law, as amended.
C. Section 2-31 of the City Code addresses the bases for executive sessions
with more detail and consistent with Article II, Section 11 of the City Charter.
D. Proposed amendments to Section 2-31 will add the voter-approved basis
for City Council to meet in executive session.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 2-31 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-31. Executive sessions.
(a) The City Council, and any committee of the City Council, may, by two -thirds (⅔)
majority vote of those members present and voting, hold an executive session upon
announcement of the topic for discussion in the executive session, which announcement
shall include a specific citation to the provision of this Section that authorizes the City
Council or Council committee to meet in executive session, and shall identify the
particular matter to be discussed in as much detail as possible without compromising the
purpose for which the executive session is to be held. Said executive session may be
held only at a regular or special meeting and only for the purposes of considering any of
the following matters and providing direction, through individual expressions of opinion,
to City staff or other persons with regard to such matters:
(1) Personnel matters restricted to those described in Subparagraphs a.
through d. below. Except as provided in Subparagraph c. below, "personnel
matters" shall not include discussions concerning any member of the City Council
or members of City boards and commissions, or discussions concerning the
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appointment of persons to fill such positions, or to discussions of personnel policies
that do not require the discussion of matters personal to particular employees:
a. Matters involving the hiring, appointment, dismissal, demotion,
promotion, assignment and discipline of City personnel, and the review and
discussion of the performance and proposed compensation and benefits of
the City Manager, City Attorney and Municipal Judge.
b. Consideration of complaints or charges against individual City
personnel, provided that such matter shall not be considered in executive
session if the individual concerned requests that the matter be considered
in open session.
c. Consideration of actual or hypothetical situations involving potential
conflicts of interests with individual Councilmembers or City board or
commission members, provided that no executive session shall be held for
the purpose of concealing the fact that a member of the City Council or of a
City board or commission has a financial or personal interest in the
purchase, acquisition, lease, transfer or sale of any real, personal or other
property interest from the City.
d. Consideration and discussion of strategy matters relating to
negotiations with employee groups including unions.
(2) Meetings with the City Attorney or other attorneys representing the City
regarding specific legal questions related to litigation or potential litigation involving
the City 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.
(3) Consideration of water and real property acquisitions and sa les by the City.
(4) Consideration of electric utility matters if such matters pertain to issues of
competition in the electric utility industry.
(5) Consideration, by the Council or any board or commission established
under Article XII, Section 7(e) of the City Charter, of matters pertaining to issues
of competition in providing the telecommunication facilities and services authorized
in Article XII, Section 7 of the City Charter and City Code Section 26-398 including,
without limitation, matters subject to negotiation, strategic planning, pricing, sales
and marketing, development phasing and any other matter allowed under
Colorado law.
(6) Consideration of any other matter authorized to be discussed in executive
session by the Colorado Open Meetings law, as amended.
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(b) No final legislative action shall be taken by the City in executive session. Such final
legislative action may be taken only in an open meeting.
(c) Executive sessions shall be closed to the general public, but the City Council may
permit any person or group to attend such sessions. Councilmembers not present and
voting for a regular or special Council meeting may nonetheless participate in an
executive session that is part of that meeting using remote technology.
Introduced, considered favorably on first reading on December 2, 2025, and
approved on second reading for final passage on December 16, 2025.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Effective Date: December 26, 2025
Approving Attorney: Carrie Daggett
Exhibit: None