Legal questions over closed-door enclaves linger as attorney general's office takes varying approaches to state Open Meetings Law

Six weeks after an investigation by The Colorado Independent found repeated violations of the Colorado Open Meetings Law by the Independent Ethics Commission, the panel charged with enforcing ethical standards among public officials across the state has taken dramatic steps toward greater transparency and disclosure.

At the same time, a lawyer from the Colorado attorney general’s office continues to advise the commission to go into closed, executive sessions to talk about general legal questions despite the Open Meeting Law’s requirement those discussions take place in public whenever state officials meet.

Last month, The Colorado Independent reported the ethics commission spent 85 percent of its time meeting behind closed doors to discuss complaints and requests for rulings on the conduct of public officials and government employees. Included were sessions where a member of the panel reported deliberating on an ethics complaint — since dismissed — against Mike Coffman, the former Colorado secretary of state who won election to Congress last fall.

An attorney who specializes in First Amendment law said the panel didn’t appear to have “strictly complied” with Colorado’s stringent Open Meetings Law, which could render its numerous closed-door, executive sessions “illegal meetings” that were closed to the public.

Since The Colorado Independent published the results of its investigation, the state ethics commission has, for the first time:

• Posted a public notice listing specific lawsuits filed against the commission which commissioners plan to discuss with their attorneys behind closed doors.

• Discussed in public ethical questions under consideration by the panel.

• Recorded votes by commissioners to go into closed, executive session, as required by state law,

• Listed ethical complaints filed with the commission against public officials before convening in private to discuss whether the commission should pursue them,

• Added an agenda item for public comment for its regular meetings,

• Released to the public records the commission went to court to keep secret, including letters from lawmakers and government employees asking for guidance on ethical questions.

For the full story, please visit http://coloradoindependent.com/31605/states-top-ethics-panel-moves-toward-m...