Louisville Executive Sessions on More Topics

City policy under Section 5-1 of the charter is to conduct government business in public "to the greatest extent feasible." Section 5-2 limits the City Council's executive sessions to four subjects: information that federal or state law requires to be kept confidential; personnel matters, chiefly those of employees the council appoints directly; appraisals and strategy for buying or selling water rights and real property; and consultation with the city's attorney on pending litigation, including a lawsuit the person requesting the session believes in good faith may result. Boards, commissions, task forces and committees may meet in executive session only on pending litigation, under procedures consistent with the council's. Section 5-4 provides that where the charter and state or federal law address the same matter, the provision that best preserves open government prevails.

The council referred 2C to voters in Ordinance No. 1929, Series 2026, with its public hearing and second reading set for July 21. Question 2C strikes the four-subject list and allows an executive session for "any matter authorized by the Colorado Open Meetings Law ... as amended." City staff summarized the state's topics for the council: the purchase, lease or sale of any property interest; legal advice on specific legal questions; matters kept confidential by law; security arrangements and investigations; strategy and instructions for negotiations; personnel matters, with stated exceptions; and documents the Colorado Open Records Act bars from disclosure. Because the charter adopts the state law "as amended," the Louisville list follows every later change to that law.

The ordinance says the present limits "have, at times, led to significant challenges to City staff in properly advising and informing City Council on topics that may be premature to discuss in an open meeting."

At second reading the council rewrote the rule for boards, commissions, task forces and committees. Each may convene an executive session under the state law "in accordance with procedures and subject to any limitations as may be established by Ordinance." The amendment deletes the requirement that their procedures be consistent with Section 5-3, which for the council requires a two-thirds vote of the entire council on each topic, an attorney's opinion on the session's propriety and a recording. Staff told the council the change lets it tailor topics and procedures to each body. Question 2C does not amend Sections 5-1, 5-3 or 5-4, and Question 2H changes only pronouns in Section 5-3.

The amendment takes effect only if a majority votes yes on November 3. Changing the charter's list takes an amendment submitted to a vote of the city's registered electors.