HomeMy WebLinkAboutOrdinance-2001-1228
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER Shaver
Council Bill No. 16-2001
Ordinance No.
lng
Series of 2001
TITLE:
AN ORDINANCE ESTABLISHING A RETENTION AND
DESTRUCTION POLICY FOR RECORDS OF EXECUTIVE
SESSIONS.
WHEREAS, House Bill 01-1359 adopted during the 2001 session of the
Colorado General Assembly has altered the procedures for the conduct of executive
sessions by local governing bodies; and
WHEREAS, a portion of that law requires that a record be made of the
"actual contents" of the discussion in executive session, which record is required
to be retained at least 90 days before being disposed of in accordance with the
local jurisdiction records retention and destruction policy; and
WHEREAS, section 5.7 of the City of Wheat Ridge Home Rule Charter
directs the City Clerk to tape record and prepare minutes of executive sessions, but
does not provide any specific method of retention or destruction; and
WHEREAS, the City Council wishes to implement such a retention and
destruction policy for records of its executive sessions.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Wheat Ridge Code of Laws, Chapter 2, is amended by the
addition of a new section 2-7, formerly Reserved, entitled "Executive Session
Records: Retention and Destruction," to read as follows:
(a) Purpose and intent. This section 2-7 is enacted to implement
and comply with Section 24-6-402, C.R.S., as amended by House Bill
01-1359 of the Colorado General Assembly, requiring the retention of
a record of the actual contents of discussions of the City Council
which are held in executive session.
(b) Executive session record retention and destruction. The Council
shall cause to be prepared a record and minutes, in written or
electronic (audio or videotape) form, as directed by the Council, of the
actual contents of any discussion of the Council held in executive
session Such record and minutes shall not be made of matters
discussed in executive sessions which are subject to the attorney-
GED\53027\38436702
client privilege and which privilege is asserted and documented as a
part of the executive session as permitted by C.R.S. Section 24-6-
402. All such records and minutes shall be retained in the office of
the City Clerk for 90 days following the date of such session. In the
event at the conclusion of the 90-day period of retention required by
this subsection, the City Clerk has not received a written notice of
intent to file an application to inspect the record and minutes with the
district court pursuant to Section 24-72-204(5), or an order otherwise
requiring the retention of the record and minutes from a court of
competent jurisdiction, the City Clerk shall cause such record and
minutes to be permanently destroyed.
Section 2. Safety Clause. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of
the public and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 3. Severabilitv; Conflicting Ordinances Repealed If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed,
Section 4. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to
2 on this 10th day of September , 2001, ordered published in
full in a newspaper of general circulation in the City of Wheat Ridge and Public
Hearing and consideration on final passage set for September 24 , 2001, at
7.00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat
Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 8 to 0 ,this ?4rn day of Spptember , 2001.
SIGNED by the Mayor on this
27th day of
September
,2001.
GED\53027\364367 02
2
ATTEST
01a.l~
Wanda Sang, CIty Cler;=S
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FIrst PublIcation. September 13, 2001
Second PublIcation. September 27, 2001
Wheat RIdge Transcnpt
EffectIve Date October 12,2001