AMENDED APPENDIX TO BOARD OF COUNTY COMMISSIONERS' RULES

Introduction. This Appendix is divided into four (4) parts. Part I is the voter approved
amendment to the Colorado Constitution, which amendment is commonly referred to as,
"Amendment 41 ", although the actual amendment is Article XXIV of the Colorado
Constitution.
Part II provides an adaptation from the Colorado Revised Statutes, 2004, as amended, of
the standards of conduct prescribed by the Colorado General Assembly for officers and
employees at the county-level.
Part III includes standards of conduct prescribed by the Board of County Commissioners
specifically for officers and employees of El Paso County.
Part IV provides an adaptation from that part of the Colorado Revised Statutes popularly
referred to as the Open Meetings Laws, which prescribe the requirements for conducting
open and public meetings at the county level.
Notes on Use. The statutes cited in this Appendix are adaptations only. In the interest of
developing an appendix that is specific to El Paso County, Colorado, it was necessary in
some instances to combine parts of sentences by deleting inapplicable words. In some
instances it was necessary to add article adjectives. In some instances it was necessary to
add a word, for example, to add the word "County" before "Attorney" in Part III. In
making changes great care was exercised to assure that the meaning of the statute was not
changed. If the user of this Appendix desires the exact language of any statute, the user is
advised to consult the exact statute. The Colorado Revised Statutes are typically
available in most public libraries and can be accessed on the internet by visiting the web
site of the Colorado General Assembly, www.leg.state.co.us/.
Additional Rules and Policies Concerning Conduct for El Paso County Officers and
Employees: Nothing in this Appendix precludes the Board of County Commissioners
from adopting additional rules and policies concerning conduct for El Paso County
Officers and Employees, provided that any such rule or policy is not contrary to the law
of the State of Colorado.
Part I. Article XXIX - Ethics in Government
Enacted by the People of the State of Colorado in November 2006. The Constitution of
the State of Colorado is amended by the addition of a New Article, Article XXIX.
Section 1. Purposes and findings.
(l)
The People of the State of Colorado hereby find and declare that:
(a)
The conduct of public officers, members of the general assembly,
local government officials, and government employees must hold
the respect and confidence of the people;
(b) They shall carry out their duties for the benefit of the People of the
State;
(c) They shall, therefore, avoid conduct that is in violation of their
public trust or that creates a justifiable impression among members
of the public that such trust is being violated;

28

(d)

Any effort to realize personal financial gain through public office

other than compensation provided by law is a violation of that
trust; and
(e)
To ensure propriety and to preserve public confidence, they must
have the benefit of specific standards to guide their conduct, and of
a penalty mechanism to enforce those standards.
(2) The People of the State of Colorado also find and declare that there are
certain costs associated with holding public office and that to ensure the
integrity of the office, such costs of a reasonable and necessary nature
should be borne by the state or local government.
Section 2. Definitions. As used in this Article, unless the context otherwise
reqUIres:
(1)
"Government Employee" means any employee, including independent
contractors, of the state executive branch, the state legislative branch, a
state agency, a public institution of higher education, or any local
government, except a member of the general assembly or a public officer.
(2) "Local Government" means county or municipality.
(3) "Local Government Official" means an elected or appointed official of a
local government but does not include an employee of a local government.
(4) "Person" means any individual, corporation, business trust, estate, trust,
limited liability company, partnership, labor organization, association,
political party, committee, or other legal entity.
(5) "Professional Lobbyist" means any individual who engages himself or
herself or is engaged by any other person for payor for any consideration
for lobbying. "Professional Lobbyist" does not include any volunteer
lobbyist, any state official or employee acting in his or her official
capacity, except those designated as lobbyists as provided by law, any
elected public official acting in his or her official capacity, or any
individual who appears as counselor advisor in an adjudicatory
proceeding.
(6) "Public Officer" means any elected officer, including all statewide elected
officeholders, the head of any department of the executive branch, and
elected and appointed members of state boards and commissions. "Public
Officer" does not include a member of the general assembly, a member of
the judiciary, any local government official, or any member of a board,
commission, councilor committee who receives no compensation other
than a per diem allowance or necessary and reasonable expenses.
Section 3. Gift ban.
(1) No public officer, member of the general assembly, local government
official, or government employee shall accept or receive any money,
forbearance, or forgiveness of indebtedness from any person without such
person receiving lawful consideration of equal or greater value in return
from the public officer, member of the general assembly, local
government official, or government employee who accepted or received
the money, forbearance or forgiveness of indebtedness.

29

(2)

(3)

(4)

No public officer, member of the general assembly, local government

official, or government employee, either directly or indirectly as the
beneficiary of a gift or thing of value given to such person's spouse or
dependent child, shall solicit, accept or receive any gift or other thing of
value having either a fair market value or aggregate actual cost greater
than fifty dollars ($50) in any calendar year, including but not limited to,
gifts, loans, rewards, promises or negotiations of future employment,
favors or services, honoraria, travel, entertainment, or special discounts,
from a person, without the person receiving lawful consideration of equal
or greater value in return from the public officer, member of the general
assembly, local government official, or government employee who
solicited, accepted or received the gift or other thing of value.
The prohibitions in subsections (l) and (2) of this section do not apply if
the gift or thing of value is:
(a) A campaign contribution as defined by law;
(b)
An unsolicited item of trivial value less than fifty dollars ($50),
such as a pen, calendar, plant, book, note pad or other similar item;
(c)
An unsolicited token or award of appreciation in the form of a
plaque, trophy, desk item, wall memento, or similar item;
(d) Unsolicited informational material, publications, or subscriptions
related to the recipient's performance of official duties;
(e) Admission to, and the cost of food or beverages consumed at a
reception, meal or meeting by an organization before whom the
recipient appears to speak or to answer questions as part of a
scheduled program;
(f)
Reasonable expenses paid by a nonprofit organization or other
state or local government for attendance at a convention, fact
finding mission or trip, or other meeting if the person is scheduled
to deliver a speech, make a presentation, participate on a panel, or
represent the state or local government, provided that the non
profit organization receives less than five percent (5%) of its
funding from for-profit organizations or entities;
(g) Given by an individual who is a relative or personal friend of the
recipient on a special occasion;
(h) A component of the compensation paid or other incentive given to
the recipient in the normal course of employment.
Notwithstanding any provisions of this section to the contrary, and
excepting campaign contributions as defined by law, no professional
lobbyist, personally or on behalf of any other person or entity, shall
knowingly offer, give, or arrange to give, to any public officer, member of
the general assembly, local government official, or government employee,
or to a member of such person's immediate family, any gift or thing of
value, of any kind or nature, nor knowingly pay for any meal, beverage, or
other item to be consumed by such public officer, member of the general
assembly, local government official or government employee, whether or
not such gift or meal, beverage or other item to be consumed is offered,

30

given or paid for in the course of such lobbyist's business or in connection

with a personal or social event; provided, however, that a professional
lobbyist shall not be prohibited from offering or giving to a public officer,
member of the general assembly, local government official or government
employee who is a member of his or her immediate family any such gift,
thing of value, meal, beverage or other item.
(5) The general assembly shall make any conforming amendments to the
reporting and disclosure requirements for public officers, members of the
general assembly and professional lobbyists, as provided by law, to
comply with the requirements set forth in this section.
(6) The fifty-dollar ($50) limit set forth in subsection (2) of this section shall
be adjusted by an amount based upon the percentage change over a four
year period in the United States Bureau of Labor Statistics Consumer
Price Index for Denver-Boulder-Greeley, all items, all consumers or its
successor index, rounded to the nearest lowest dollar. The first adjustment
shall be done in the first quarter of 2011 and then every four years
thereafter.
Section 4. Restrictions on representation after leaving office. NIA
Section 5. Independent ethics commission. NIA
Section 6. Penalty. Any public officer, member of the general assembly, local
government official or government employee who breaches the public trust for private
gain and any person or entity inducing such breach shall be liable to the state or local
jurisdiction for double the amount of the financial equivalent of any benefits obtained by
such actions. The manner of recovery and additional penalties may be provided by law.
Section 7. Counties and municipalities. Any county or municipality may adopt
ordinances or charter provisions with respect to ethics matters that are more stringent
than any of the provisions contained in this article. The requirements of this article shall
not apply to home rule counties or home rule municipalities that have adopted charters,
ordinances, or resolutions that address the matters covered by this article.
Section 8. Conflicting provisions declared inapplicable. Any provisions in the statutes
of the state in conflict or inconsistent with this article are hereby declared to be
preempted by this article and inapplicable to the matters covered by and provided for in
this article.
Section 9. Legislation to facilitate article. Legislation may be enacted to facilitate the
operation of this article, but in no way shall such legislation limit or restrict the
provisions of this article or the powers herein granted.
Part II. Statutory Code of Conduct for El Paso County Officers and Employees
Notes on Use. Parts of the following statutes may have been rendered obsolete or
otherwise effected as a result of the passage of the aforementioned, "Amendment 41",
which is Article XXIX of the Colorado Constitution. In the event of an event of an
apparent conflict between statutes and a constitutional provision, the general rule of
construction is that the constitutional provision controls.

A.

Colorado Statutes Applicable to All County Officers and Employees

Adapted from Colorado Revised Statute C.R.S. 24-I8-101. The general assembly
recognizes the importance of the participation of the citizens of this state in all levels of
government in the state. The general assembly further recognizes that, when citizens of

31

this state obtain public office, conflicts may arise between the public duty of such a
citizen and his or her private interest. The general assembly hereby declares that the
prescription of some standards of conduct common to those citizens involved with
government is beneficial to all residents of the state. The provisions of this Part I
recognize that some actions are conflicts per se between public duty and private interest
while other actions mayor may not pose such conflicts depending upon the surrounding
circumstances.
Adapted from C.R.S. 24-18-102. Definitions. As used in this Part I, unless the context
otherwise requires:
(1) "Business" means any corporation, limited liability company, partnership,
sole proprietorship, trust or foundation, or other individual or organization
carrying on a business, whether or not operated for profit.
(2) "Compensation" means any money, thing of value, or economic benefit
conferred on or received by any person in return for services rendered or
to be rendered by him or another.
(3) "Employee" means any temporary or permanent employee of EI Paso
County.
(4) "Financial interest" means a substantial interest held by an individual
which is:
a. An ownership interest in a business;
b. A creditor interest in an insolvent business;
c. An employment or a prospective employment for which negotiations
have begun;
d. An ownership interest in real or personal property;
e. A loan or any other debtor interest; or
f. A directorship or officership in a business.
(5) "Local government" means the government of any county, city and
county, city, town, special district, or school district.
(6) "Local government official" means an elected or appointed official of a
local government but does not include an employee of a local government.
(7) "Official act" or "official action" means any vote, decision,
recommendation, approval, disapproval, or other action, including
inaction, which involves the use of discretionary authority.
Adapted from C.R.S. 24-18-103. Public trust - breach of fiduciary duty.
(1)
The holding of public office or employment is a public trust, created by
the confidence which the electorate reposes in the integrity of local
government officials, and employees. A local government official or
employee shall carry out hislher duties for the benefit of the people of the
state and count/.
(2) A local government official or employee whose conduct departs from
his/her fiduciary duty is liable to the people of the state as a trustee of
property and shall suffer such other liabilities as a private fiduciary would
suffer for abuse of his/her trust. The district attorney of the district where
the trust is violated may bring appropriate judicial proceedings on behalf
1

Added to the County Code of Ethics by the Board of County Commissioners.

32

of the people. Any moneys collected in such actions shall be paid to the
general fund of the local government. Judicial proceedings pursuant to this
section shall be in addition to any criminal action which may be brought
against such local government official or employee.
Adapted from C.R.S. 24-18-104. Rules of conduct for all local government officials
and employees.
(1) Proof beyond a reasonable doubt of the commission of any act enumerated
in this section is proof that the actor has breached hislher fiduciary duty
and the public trust. A local government official or employee shall not:
a.
Disclose or use confidential information acquired in the course of
his/her official duties in order to further substantially hislher
personal financial interests; or
b.
Accept a gift of substantial value or a substantial economic benefit
tantamount to a gift of substantial value;
(I)
Which would tend improperly to influence a reasonable
person in hislher position to depart from the faithful and
impartial discharge of his/her public duties; or
(II) Which he/she knows or which a reasonable person in
hislher position should know under the circumstances is
primarily for the purpose of rewarding them for official
action they have taken.
(2) An economic benefit tantamount to a gift of substantial value includes
without limitation a loan at a rate of interest substantially lower than the
commercial rate then currently prevalent for similar loans and
compensation received for private services rendered at a rate substantially
exceeding the fair market value of such services.
(3) The following shall not be considered gifts of substantial value or gifts of
substantial economic benefit tantamount to gifts of substantial value for
purposes of this section:
a.
Campaign contributions and contributions in kind reported as
required by section C.R.S. 1-45-108;
b.
An occasional nonpecuniary gift, insignificant in value;
c.
A nonpecuniary award publicly presented by a nonprofit
organization in recognition of public service;
d.
Payment of or reimbursement for actual and necessary
expenditures for travel and subsistence for attendance at a
convention or other meeting at which such local government
official or employee is scheduled to participate;
e.
Reimbursement for or acceptance of an opportunity to participate
in a social function or meeting which is offered to such local
government official or employee which is not extraordinary when
viewed in light of the position held by such local government
official or employee;
f.
Items of perishable or nonpermanent value, including, but not
limited to, meals, lodging, travel expenses, or tickets to sporting,
recreational, educational, or cultural events;

33

g.

Payment for speeches, appearances, or publications reported

pursuant to C.R.S. 24-6-203;
h.
Payment of salary from employment, including other government
employment, in addition to that earned by reason of service in
other public office.
(4) The provisions of this section are distinct from and in addition to the
reporting requirements of C.R.S. 1-45-108 and 24-6-203, and do not
relieve an incumbent in or candidate elected to public office from
reporting an item described in subsection (3) of this section, if such
reporting provisions apply.
Adapted from C.R.S. 24-18-10S. Ethical principles for local government officials
and employees.
(1) The principles in this section are intended as guides to conduct and do not
constitute violations as such of the public trust of office or employment in
local government.
(2) A local government official or employee should not acquire or hold an
interest in any business or undertaking which he/she has reason to believe
may be directly and substantially affected to its economic benefit by
official action to be taken by an agency over which he/she has substantive
authority.
(3) A local government official or employee should not, within six months
following the termination of hislher office or employment, obtain
employment in which he/she will take direct advantage, unavailable to
others, of matters with which he/she was directly involved during hislher
term of employment. These matters include rules, other than rules of
general application, which he/she actively helped to formulate, and
applications, claims, or contested cases in the consideration of which
he/she was an active participant.
(4) A local government official or employee should not perform an official act
directly and substantially affecting a business or other undertaking to its
economic detriment when he/she has a substantial financial interest in a
competing firm or undertaking.
Adapted from C.R.S. 24-18-108.S. Rules of conduct for members of boards and
commissions.
(1)
Proof beyond a reasonable doubt of the commission of any act enumerated
in this section is proof that the actor has breached hislher fiduciary duty.
(2) A member of a board, commission, council, or committee who receives no
compensation other than a per diem allowance or necessary and
reasonable expenses shall not perform an official act which may have a
direct economic benefit on a business or other undertaking in which such
member has a direct or substantial financial interest.
Adapted from c.R.S. 24-18-109. Rules of conduct for local government officials
and employees.
(1) Proof beyond a reasonable doubt of the commission of any act enumerated
in this section is proof that the actor has breached hislher fiduciary duty
and the public trust.

34

(2)

A local government official or local government employee shall not:

a.
Engage in a substantial financial transaction for hislher private
business purposes with a person whom he/she inspects or
supervises in the course ofhislher official duties; or
b.
Perform an official act directly and substantially affecting to its
economic benefit a business or other undertaking in which he/she
either has a substantial financial interest or is engaged as counsel,
consultant, representative, or agent.

(3)

a.

A member of the governing body of a local government who has a

personal or private interest in any matter proposed or pending
before the governing body shall disclose such interest to the
governing body and shall not vote thereon and shall refrain from
attempting to influence the decisions of the other members of the
governing body in voting on the matter.
b.
A member of the governing body of a local government may vote
notwithstanding paragraph (a) of this subsection (3) if hislher
participation is necessary to obtain a quorum or otherwise enable
the body to act and if he/she complies with the voluntary
disclosure procedures under section 24-18-110.
(4) It shall not be a breach of fiduciary duty and the public trust for a local
government official or local government employee to:
a.
Use local government facilities or equipment to communicate or
correspond with a member's constituents, family members, or
business associates; or
b.
Accept or receive a benefit as an indirect consequence of
transacting local government business.
Adapted from C.R.S. 24-18-110. Voluntary disclosure. A member of a board,
commission, council, or committee who receives no compensation other than a per diem
allowance or necessary and reasonable expenses, a local government official, or an
employee may, prior to acting in a manner which may impinge on hislher fiduciary duty
and the public trust, disclose the nature of hislher private interest. These persons shall
make the disclosure in writing to the secretary of state, with a copy to the other members
ofthe Board ofCounty Commissioneri, listing the amount of hislher financial interest, if
any, the purpose and duration of hislher services rendered, if any, and the compensation
received for the services or such other information as is necessary to describe hislher
interest. If he/she then performs the official act involved, he/she shall state for the record
the fact and summary nature of the interest disclosed at the time of performing the act.
Such disclosure shall constitute an affirmative defense to any civil or criminal action or
any other sanction.
Adapted from C.R.S. 24-18-201. Interest in contracts.
(1)
Local government officials or employees shall not be interested in any
contract made by them in their official capacity or by any body, agency, or
board of which they are members or employees. A former employee may
2

Added to the County Code of Ethics by the Board of County Commissioners.

35

not, within six months following the termination of hislher employment,

contract with or be employed by an employer who contracts with a state
agency or any local government involving matters with which he/she was
directly involved during hislher employment. For purposes of this section,
the term:
(2)

a.
"Be interested in" does not include holding a minority interest in a
corporation.
b.
"Contract" does not include:
(I)
Contracts awarded to the lowest responsible bidder based
on competitive bidding procedures;
(II) Merchandise sold to the highest bidder at public auctions;
(III) Investments or deposits in financial institutions which are
in the business of loaning or receiving moneys;
(IV) A contract with an interested party if, because of
geographic restrictions, a local government could not
otherwise reasonably afford itself of the subject of the
contract. It shall be presumed that a local government could
not otherwise reasonably afford itself of the subject of a
contract if the additional cost to the local government is
greater than ten percent of a contract with an interested
party or if the contract is for services that must be
performed within a limited time period and no other
contractor can provide those services within that time
period.
(V) A contract with respect to which any local government
official or employee has disclosed a personal interest and
has not voted thereon or with respect to which any member
of the governing body of a local government has voted
thereon in accordance with section 24-18-109(3)(b) or 31
4-404(3), C.R.S. Any such disclosure shall be made to the
governing body, for local government officials and
employees.
c.
"Any local agency" includes El Paso County.
ed from C.R.S. 24-18-202. Interest in sales or purchases. Local government officials
shall not be purchasers at any sale or vendors at any purchase made by them in their
official capacity. To the extent not inconsistent with the law of the State of Colorado,
County Officers and Employees may participate in the El Paso County Surplus PC
Program.
Adapted from C.R.S. 24-18-204. Dealings in warrants and other claims prohibited.
County officers and all other local government officials, as well as their deputies and
clerks, are prohibited from purchasing or selling or in any manner receiving to their own
use or benefit or to the use or benefit of any person or persons whatever any state, county,
city and county, city, or town warrants, scrip, orders, demands, claims, or other evidences
of indebtedness against the state or any county, city and county, city, or town thereof
except evidences of indebtedness issued to or held by them for services rendered as such

36

officer, deputy, or clerk, and evidences of the funded indebtedness of such state, county,
city and county, city, or town.
B.
Colorado Statutes Applicable to All Elected County Officials
Adapted from C.R.S. 24-6-203. Reporting by incumbents and elected candidates.
(2) Every incumbent in or candidate elected to public county office who
receives any gift, honorarium, or other benefit listed in the following
subsection in connection with his/her public service shall file with the
county Clerk and Recorder, on or before January 15 of each year, a report
for the preceding calendar year. No report is required if the incumbent or
candidate does not receive any such items.
(3) The following items shall be included in the report required in the
previous subsection:
a.
Any money, including but not limited to a loan, pledge, advance or
money, or a guarantee of a loan of money, with a value of twenty
five dollars or more;
b.
Any gift of real or personal property, other than money, with a
value of fifty dollars or more;
c.
Any loan of real or personal property, other than money, if the
value of the loan, defined as the cost saved by not borrowing,
leasing, or purchasing comparable property from a source available
to the public, is fifty dollars or more;
d.
Any payment for a speech, appearance, or publication;
e.
Tickets to sporting, recreational, educational, or cultural events
with a value of fifty dollars or more for any single event, or a
series of tickets to sporting events of a specific team or cultural
events of a specific performing company or organization with a
total value of one hundred dollars or more;
f.
Payment of or reimbursement for actual and necessary expenses
for travel and lodging for attendance at a convention or other
meeting at which the incumbent or elected candidate is scheduled
to participate, unless the payment or reimbursement is made from
public funds, from the funds of a joint governmental agency, as
defined by C.R.S. 2-3-311, or from the funds of any association
of public officials or public entities whose membership includes
the incumbent's or elected candidate's office or the governmental
entity in which such office is held;
g.
Any gift of a meal to a fund-raising event of a political party.
C.
Additional Statutes
The statutes referenced in Parts LA. and LB. are not exclusive; any other statutory
references to ethical conduct of governmental business, whether or not expressly stated in
the foregoing sections, are specifically adopted as part of this Code. Any acts of the
general assembly amending or adding to the statutes referenced in Parts LA. and I.B.
shall also be adopted as part of this Code without any further action required by the
Board of County Commissioners.
Part III. EI Paso County Policies Applicable to the Conduct of County Officers and
Employees

37

A.
Confidential Information
Commissioners shall respect the confidentiality appropriate to issues of a sensitive or
legal nature. Any Commissioner who discusses or distributes confidential information
publicly, including, but not limited to, attorney-client privileged materials as set forth in
Section X(E) of the Board's Legislative and Parliamentary Rules and Procedures, will be
subject to censure by the majority of the Board of County Commissioners.
B.
Quasi-Judicial Matters
If any Commissioner receives written individual information on any matter that shall be
determined by the Board of County Commissioners in a quasi-judicial action, such
Commissioner shall provide a copy of the information to each Commissioner as well as
the County Attorney.
C
Applicability ofEl Paso County Personnel Policies and Procedures Manual
The standards of conduct for County employees are generally set forth in Chapters VII
and X of the EI Paso County Personnel Policies and Procedures Manual. The County's
elected officials and certain other employees are generally exempt from Chapter X of the
Manual. However, all of the County's elected officials and employees are subject to the
provision for Chapter VII, Section 7.06, pertaining to Sexual Harassment.
D.
Computer Usage
The County provides computer systems for use of its elected officials and employees.
The computer systems are the property of the County and include the computer hardware;
approved, licensed software; email messages (except as otherwise provided by law); and
the data or the necessary network connections.
E.
Employment ofRelatives
A person shall not be employed or promoted if such employment will place him/her in a
position of supervising or being supervised by a member of hislher immediate family; or
if such a position could affect an immediate family member's employment, promotion,
salary administration, and other related management or personnel transaction.
No Appointed Employee, Department Director, Assistant Department Director, or
Division Head shall appoint or employ any person within hislher immediate family, nor
use hislher position to influence another County employee to hire a member of hislher
immediate family.
For the purposes of this policy, immediate family is defined as wife, husband, mother,
father, brother, sister, son, daughter; mother-, father-, brother-, sister-, son-, daughter-in
law; grandmother, grandfather, grandson, granddaughter; step-mother, -father, -son,
daughter; uncle, aunt, niece, or nephew. These relationships include those arising from
blood, marriage, and adoption.
In addition to familial relationships, personal relationships and associations, the nature of
which would lend themselves to favoritism, are also prohibited in employment and
promotion decisions.
Part IV. Selected Provisions from the Colorado Open Meetings Act
Notes on Use. The statutes cited in this Appendix are adaptations only. In the interest of
developing an appendix that is specific to EI Paso County, Colorado, it was necessary in
some instances to combine parts of sentences by deleting inapplicable words. In some
instances it was necessary to add article adjectives. In some instances it was necessary to
add a word, for example, to add the word "County" before "Attorney" in Part III. In
making changes great care was exercised to assure that the meaning of the statute was not

38

changed. If the user of this Appendix desires the exact language of any statute, the user is
advised to consult the exact statute. The Colorado Revised Statutes are typically available
in most public libraries and can be accessed on the internet by visiting the web site of the
Colorado General Assembly, www.leg.state.co.us/.
Notes Concerning Paragraph Numbering and Lettering. The paragraph numbering and
lettering used in this Part III is consistent with the statute that is cited. There are
intentional gaps in the numbering and lettering which reflect the fact that this Appendix
deletes those parts of the Open Meetings Act that are not applicable to the County.
Adapted from c.R.S. 24-6-401. Declaration of policy. It is declared to be a matter of
statewide concern and the policy of this state and the County 3 that the formation of
public policy is public business and may not be conducted in secret.
Adapted from c.R.S. 24-6-402. Meetings - open to public.
(l) For purposes of this section:
a.
"Local public body" means any board, committee, commISSIOn,
authority, or other advisory, policy-making, rule-making, or
formally constituted body of EI Paso County and any public or
private entity to which EI Paso County or an official thereof, has
delegated a governmental decision-making function but does not
This definition
include persons on the administrative staff.
includes the County's various citizen boards, including, but not
limited to, the Planning Commission, the Citizen Review Panel, the
Parks Advisory Board, and the Noxious Weeds Advisory Board. 4
b.
"Meeting" means any kind of gathering, convened to discuss
public business, in person, by telephone, electronically, or by other
means of communication.
(2)
b.
All meetings of a quorum or three or more members of any local
public body, whichever is fewer, 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.
c.
Any meetings at which the adoption of any proposed policy,
position, resolution, rule, regulation, or formal action occurs or at
which a majority or quorum of the body is in attendance, or is
expected to be in attendance, shall be held only after full and
timely notice to the public. In addition to any other means of full
and timely notice, a local public body shall be deemed to have
given full and timely notice if the notice of the meeting is posted in
a designated public place within the boundaries of the local public
body no less than twenty-four hours prior to the holding of the
meeting. The public place or places for posting such notice shall
be designated annually at the local public body's first regular

Added by the Board of County Commissioners to this Code.

Added by the Board of County Commissioners to this part of the Open Meetings Act.

39

meeting of each calendar year. The posting shall include specific

agenda information where possible.

d.
(II) Minutes of any meeting of a local public body at which the
adoption of any proposed policy, position, resolution, rule,
regulation, or formal action occurs or could occur shall be
taken and promptly recorded, and such records shall be
open to public inspection. The minutes of a meeting during
which an executive session authorized under subsection (4)
of this section is held shall reflect the topic of the
discussion at the executive session.
If elected officials use electronic mail to discuss
(III)
pending legislation or other public business among
themselves, the electronic mail shall be subject to the
Electronic mail
requirements of this section.
communication among elected officials that does not relate
to pending legislation or other public business shall not be
considered a "meeting" within the meaning of this section.
(d.S)
(II)
(A) Discussions that occur in an executive session of a
local public body shall be recorded in the same
manner and media that the local public body uses to
record the minutes of open meetings, except that
electronic recording shall not be required for two
successive meetings of the local public body while
the regularly used electronic equipment IS
inoperable.
Except as provided in sub
subparagraph (B) of this subparagraph (II), the
record of an executive session shall reflect the
specific citation to the provision in subsection (4) of
this section that authorizes the local public body to
meet in an executive session, the actual contents of
the discussion during the session, and a signed
statement from the chair of the executive session
attesting that any written minutes substantially
reflect the substance of the discussions during the
executive session.
For purposes of this sub
subparagraph (A), "actual contents of the
discussion" shall not be construed to require the
minutes of an executive session to contain a
verbatim transcript of the discussion during said
executive session ...
(B) If, in the opinion of the County Attorney who is in
attendance at the executive session, all or a portion
of the discussion during the executive session

40

constitutes
a
privileged
attorney-client
communication, no record shall be required to be
kept of the part of the discussion that constitutes a
privileged attorney-client communication. Any
electronic record of said executive session
discussion shall reflect that no further record was
kept of the discussion based on the opinion of the
County Attorney, as stated for the record during the
executive session, that the discussion constitutes a
privileged attorney-client communication.
Any
written minutes shall contain a signed statement
from the County Attorney attesting that the portion
of the executive session that was not recorded
constituted
a
privileged
attorney-client
communication in the opinion of the attorney and a
signed statement from the chair of the executive
session attesting that the portion of the executive
session that was not recorded was confined to the
topic authorized for discussion in an executive
session pursuant to subsection (4) of this section.
(B) The record of an executive session of a local public
body recorded pursuant to sub-subparagraph (A) of
this subparagraph (II) shall be retained for at least
ninety days after the date of the executive session.
e.
This Part IV does not apply to any chance meeting or social
gathering at which discussion of public business is not the central
purpose.
f.
The provisions of paragraph (c) of this subsection (2) shall not be
construed to apply to the day-to-day oversight of property or
supervision of employees by county commissioners. Except as set
forth in this paragraph (t), the provisions of this paragraph (t) shall
not be interpreted to alter any requirements of paragraph (c) of this
subsection (2).
(3.5) A search committee of a local public body shall establish job search goals,
including the writing of the job description, deadlines for applications,
requirements for applicants, selection procedures, and the time frame for
appointing or employing a chief executive officer of an agency, authority,
institution, or other entity at an open meeting. The local public body shall
make public the list of all finalists under consideration for the position of
chief executive officer no later than fourteen days prior to appointing or
employing one of the finalists to fill the position. No offer of appointment
or employment shall be made prior to this public notice. Records
submitted by or on behalf of a finalist for such position shall be subject to
the provisions of section 24-72-204(3)(a)(XI). As used in this subsection
(3.5), "finalist" shall have the same meaning as in section 24-72
204(3)(a)(XI). Nothing in this subsection (3.5) shall be construed to

41

(4)

prohibit a search committee from holding an executive session to consider

appointment or employment matters not described in this subsection (3.5)
and otherwise authorized by this section.
The members of a local public body subject to this Part IV, upon the
announcement by the local public body to the public of the topic for
discussion in the executive session, including specific citation to the
provision of this subsection (4) authorizing the body to meet in an
executive session and identification of the particular matter to be discussed
in as much detail as possible without compromising the purpose for which
the executive session is authorized, and the affirmative vote of two-thirds
of the quorum present, after such announcement, may hold an executive
session only at a regular or special meeting and for the sole purpose of
considering any of the following matters; except that no adoption of any
proposed policy, position, resolution, rule, regulation, or formal action,
except the review, approval, and amendment of the minutes of an
executive session recorded pursuant to subparagraph (II) of paragraph
(d.5) of subsection (2) of this section, shall occur at any executive session
that is not open to the public:
a.
The purchase, acquisition, lease, transfer, or sale of any real,
personal, or other property interest; except that no executive
session shall be held for the purpose of concealing the fact that a
member of the local public body has a personal interest in such
purchase, acquisition, lease, transfer, or sale;
b.
Conferences with an attorney for the local public body for the
purposes of receiving legal advice on specific legal questions.
Mere presence or participation of an attorney at an executive
session of the local public body is not sufficient to satisfy the
requirement of this subsection (4);
c.
Matters required to be kept confidential by federal or state law or
rules and regulations. The local public body shall announce the
specific citation of the statutes or rules that are the basis for such
confidentiality before holding the executive session;
d.
Specialized details of security arrangements or investigations,
including defenses against terrorism, both domestic and foreign,
and including where disclosure of the matters discussed might
reveal information that could be used for the purpose of
committing, or avoiding prosecutions for, a violation of the law;
e.
Determining positions relative to matters that may be subject to
negotiations; developing strategy for negotiations; and instructing
negotiators;
f.
(I) Personnel matters except if the employee who is the subject
of the session has requested an open meeting, or if the
personnel matter involves more than one employee, all of
the employees have requested an open meeting.

42

(II) The provisions of subparagraph (I) of this paragraph (f)

shall not apply to discussions concerning any member of
the local public body, any elected official, or the
appointment of a person to fill the office of a member of
the local public body or an elected official, or to
discussions of personnel policies that do not require the
discussion of matters personal to particular employees.
g.
Consideration of any documents protected by the mandatory
nondisclosure provisions of Part 2 of Article 72 of this title,
commonly known as the "Open Records Act"; except that all
consideration of documents or records that are work product as
defined in section 24-72-202(6.5) or that are subject to the
governmental or deliberative process privilege shall occur in a
public meeting unless an executive session is otherwise allowed
pursuant to this subsection (4);
(6) The limitations imposed by subsections (3), (4), and (5) of this section do
not apply to matters which are covered by section 14 of Article V of the
state constitution.
(7) The secretary or clerk of each state public body or local public body shall
maintain a list of persons who, within the previous two years, have
requested notification of all meetings or of meetings when certain
specified policies will be discussed and shall provide reasonable advance
notification of such meetings; provided, however, that unintentional
failure to provide such advance notice will not nullify actions taken at an
otherwise properly published meeting. The provisions of this subsection
(7) shall not apply to the day-to-day oversight of property or supervision
of employees by county commissioners, as provided in paragraph (f) of
subsection (2) of this section.
(8) No resolution, rule, regulation, ordinance, or formal action of a ... local
public body shall be valid unless taken or made at a meeting that meets the
requirements of subsection (2) of this section.
(9) In any action in which the court finds a violation of this section, the court
shall award the citizen prevailing in such action costs and reasonable
attorney fees. In the event the court does not find a violation of this
section, it shall award costs and reasonable attorney fees to the prevailing
party if the court finds that the action was frivolous, vexatious, or
groundless.
In the event of any inconsistency or conflict between Appendix to Board of County
Commissioners' Rules, which is attached to Resolution No. 05-244, and this Amended
Appendix, the latter shall in all respects govern and supersede the former except as
specifically provided otherwise by formal Board action.

43