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Home My WebLink About05/03/2005AGENDA WHEAT RIDGE URBAN RENEWAL AUTHORITY May 3, 2005 Notice is Lereby given of a Public Meeting to be held before the City of Wheat Ridge Urban Renewal Authority on Tuesday, May 3, 2005, at 5:30 p.m., in the City Council Chambers of the Municipai Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. 1. Call the Meeting to Order 2. Roll Call of Members 3. Approval of Minutes - Apri15, 2005 4. Public Forum (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) 5. Executive Session under C.R.S. Section 24-6-402(4)(b) for the purpose of receiving legal advice regarding specific legal questions regarding the terminated 38'° Avenue and Sheridan Boulevard redevelopment project. 5. New Business 6. Adjournment MINUTES OF WHEAT RIDGE URBAN RENEWAL AUTHORITY Apri15, 2005 5:30 p.m. l 1. 2. 3. 4. 5. CALL THE MEETING TO ORDER The meeting of the Wheat Ridge Urban Renewal Authority meeting was called to order by Chair Williams at 5:40 p.m. in the council chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commissioners present: Commissioners absent: Tom Mallinson Ralph Mancinelli Terrell Williams Pete Ziemke Janet Leo Also attending: Alan White, WRURA Executive Director Corey Hoffmann, WRURA Attomey Ann Lazzeri, Recording Secretazy APPROVAL OF MINUTES It was moved by Ralph Mancinelli and seconded by Pete Ziemke to approve the minutes of March 15,2005 as presented. The motion passed unanimously with Pete Ziemke abstaining. PUBLIC FORUM There were none present to address the Authority at this time. PUBLIC HEARING - Resolution 01-2005, a resolution adopting a 2005 supplemental appropriation and budget. At the last Authority meeting, Alan White was directed to prepare a supplemental budget to reflect the Court's order regarding the Walgreens Fund. Mr. White reviewed the amended budget. It was moved by Tom Mallinson and seconded by Pete Ziemke to adopt Reso(ution 01-2005, a resolution adopting a 2005 supplemental appropriation budget. The motion passed unanimously. WRURA Minutes 04-OS-OS Page 1 5. EXECUTIVE SESSION Chair Williams advised those present that the regular meeting would be reconvened after conclusion of the executive session. It was moved by Ralph Mancinelli and seconded by Pete Ziemke that the Wheat Ridge Urban Renewal Authority enter into an executive session on April 5, 2005, under CRS SecHon 24-6-402(4)(b) for the purpose of receiving legal advice regarding specific legal questions regarding.the terminated 38th Avenue and Sheridan Boulevard redevelopment project. The motion passed unanimously. The regular meeting was adjourned to executive session at 5:52 p.m. The executive session was convened at 5:54 p.m. Those attending the executive session were: Tom Mallinson, Ralph Mancinelli, "Ferrell Williams, Pete Ziemke, Corey Hoffmann, Alan White, and Ann Lazzeri. The executive session was adjoumed at 6:17 p.m. 6. RECONVENE MEETING The regular meeting was reconvened at 6:19 p.m. NEW BUSINESS Tom Mallinson announced his decision to resign from the Authority effective immediately. On behalf of the Authority, Chair Williams expressed appreciation to Mr. Mallinson for his service. 8. ADJOURNMENT It was moved by Ralph Mancinelli and seconded by Pete Ziemke to adjourn the meeting at 6:21 p.m. The motion passed unanimously. Terrell Williams, Chair Ann Lazzeri, Secretary WRURA Minutes 04-OS-OS Page 2 ■ i HAYES, PHILLIPS, HOFFMANN & CARBERRY, P.C. Attomeys at Law Suite 450, The Marke[ Center 1350 Seventeenth Street Denver, Colorado 80202-1576 Telephone: (303) 825-6444 Facsimile: (303) 825-1269 John E. Hayes Herbert C. Phillips Corey Y. Hoffmann Kendra L. Cazberry WHEAT RIDGE URBAN RENEWAL AUTHORITY MEMORANDUM TO: BOARD OF DIRECTORS ALAN WHITE, EXECUTIVE DIRECTOR FROM: COREY Y. HOFFMANN, ESQ. ~ PETER F. WALTZ, ESQ. v~J DATE: APRIL 21, 2005 RE: RECENT CASE CONCERNING THE OPEN MEETINGS LAW to Hilary Mogue Graham Jefferson H. Pazker Peter F. Waltz The purpose of this memorandum is to inform you of a recent Colorado Court of Appeals decision conceming the Colorado Open Meetings Law, C.R.S. § 24-6-401, et seq. In late December, the Colorado Court of Appeals decided Gumina v. City of Sterling, 2004 WL 3015806, which concerned the "executive session" exception to the Open Meetings Law. The court held that because the City Council of the City of Sterling (the "City") had failed to strictly comply with the requirements of the Open Meetings Law for convening executive sessions, records of those executive sessions must be open for public inspection. Gumina at *5. The facts giving rise to this caze are as follows: Gumina, who served as the Assistant City Manager, was told on August 16, 2002 that the City Council had decided her employment with the City would not be extended. Id. at *2: Soon thereafter she was placed on administrative leave. Id. On August 15, 2002, the City Council met in an executive session in which Gumina was a topic of conversation. Id. at *1. The CiTy, in compliance with C.R.S. § 24-6-404(4), announced its intent to convene in an executive session and distributed a written form which included "personnel matters" as a topic of conversation. Gumina at *1. However, Gumina had previously been told by the City Manager that she did not need to attend the meeting and that the budget was going to be discussed. Id. Further, she testified that she had no reason to believe she would be a topic of conversation at the meeting. Id. Additionally, it was noted that the City Council had voted to convene in an executive session before any topic of conversation was . announced. Id. aniios IIFS2IDATAI USERSI HRUR91PFN9EXECUT/VESESSlONS.MOI.DOC Apri121, 2005 Page 2 On August 27, 2002, the City Council held a regular meeting at which it voted to go into an executive session where the topics of conversation included "personnel matters." Id. at *2. Although Gumina was again a topic of conversation at this executive session, she was not provided advance notice of it. Id. ABer being piaced on adiainistrative leave, Gumina served a records request under the Colorado Open Records Act, C.R.S. § 24-72-201, et seq., upon the City's custodian of records to obtain the minutes from the rivo City Council meetings in which her employment had been discussed. Gumina at *1. She was provided everything except the minutes from the two executive sessions. Id. This denial was the basis of both her records request with the district court and her appeaL In Gumina, it was held that if a local public body fails to sri-ictly comply with the statutory requirements when convening in an executive session, it is an open meeting subject to the Open Meetings Law and therefore the minutes are available for inspection. Gumina at 5. The topic of comersation at issue in Gumina was "personnel matters." The Open Meetings Law allows personnel matters to be discussed in executive sessions. C.R.S. § 24-6-402(4)(f). Howeyer, if the employee who is to be a topic at the executive session has requested an open meeting, personnei matters must be discussed in an open meeting. C.R.S. § 24-6-402(4)(fl. Although the statute does not expressly state it, this implies that the employee must be provided notice that they will be a topic at an executive session in order to request that it instead be discussed at a public meeting. In Gumina, it was undisputed that Gumina was not provided advance notice that she was to be a topic at either executive session. Therefore, the court of appeals reversed the lower courPs order barring review of the executive session minutes. Gumina at *5. Although the City oF Sterling has sought certiorari review in the Colorado Suprema Court, the lesson from Gumina should be stressed. Executive sessions aze an important mechanism allowing local public bodies to openly discuss certain privileged or sensitive issues. Disclosure of matters discussed during executive sessions invites severai negative repercussions for the Wheat Ridge Urban Renewal Authority (the "Authority") and potentially individual Boazd members. For example, negotiation positions are one of the topics the Open Meetings Law authorizes to be discussed in an executive session. C.R.S. § 24-6-402(4)(e). Should an executive session be convened 'unproperly that discusses a negotiation strategy, records of the session would be available to the public and the Authority's position might be compromised. Additionally, if a violation of the Open Meetings Laws is discovered, a person bringing a claim will be awazded attorney costs and fees. C.R.S. § 24-6-402(9). This occurred in Gumina, and it was quite expensive for the City of Sterling. Therefore, we wanted to take this opporhuiity to remind you of the importance of strictly complying with the proper procedure when the Boazd convenes in an executive session. 421/OS IIFS2IDATAI USERSIWRURAIPFN'iEXECUT/VESESS/ONS.MOI.DOC