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Colorado legislators request settlement in illegal meetings lawsuit

By Hannah Metzger 09/05/2023 | updated 2 years ago

Leaders of the Colorado House have agreed not to violate the state open meetings law in a proposed settlement to a lawsuit filed by two first-year Democratic legislators. 

Pending approval from a judge, the settlement states that House representatives will not communicate using automatically-deleting functions on electronic messaging services, nor will they meet in quorum to discuss public business without providing public notice and publishing minutes of the meeting. 

By agreeing to the settlement, the House leaders are not admitting wrongdoing. The settlement is proposed as “an amicable resolution” and to “(avoid) the costs of litigation,” the document reads. 

“Colorado House Democrats believe deeply in the values of transparency and open government, and through this agreement, we continue our commitment to ensuring full public access, transparency and fairness in the legislative process,” said House Speaker Julie McCluskie of Dillon and Majority Leader Monica Duran of Wheat Ridge in a joint statement Tuesday. 

Democrats Reps. Elisabeth Epps of Denver and Bob Marshall of Highlands Ranch sued the chamber and its leadership in July, alleging the Democratic and Republican caucuses held mandatory secret meetings at least weekly during the 2023 legislative session, directing legislative aides to omit or disguise the meetings on legislators’ calendars. They also claimed the caucuses regularly used the encrypted messaging service Signal to discuss public business outside of public view, with the messages set for automatic deletion. 

McCluskie, Duran and House Minority Leader Mike Lynch of Wellington are named as defendants in the lawsuit, along with the chamber itself and both of its caucuses. 

The proposed settlement was filed in Denver District Court on Friday and released by Marshall on Tuesday. 

“It is gratifying that House leadership took the concerns set out in the complaint seriously and agreed to a consent decree without any need for litigation,” Marshall said. “Hopefully our colleagues in the House and Senate will understand that this is not an attempt to limit an ability to have open and frank discussions. It is an effort to conform current legislative operations to Colorado’s sunshine laws.” 

The settlement specifically includes language stating the House must follow its terms “until such time as the (Colorado open meetings law) shall be amended.” 

Marshall previously told Colorado Politics that he wants to adjust the open meetings law to make it more manageable for the legislature. He suggested, for example, no longer classifying emails between legislators as open meetings, but said he is willing to discuss any potential changes that would help end the current culture of disregarding the law completely.

“The hope is that this stipulated judgment will catalyze effective modernization to Colorado’s open meetings law and open records act as applied to the legislature that will provide a workable framework consistent with the original intent of Colorado’s voters,” he said Tuesday. 

The proposed settlement also requires the defendants to pay $13,000 to cover Epps’ and Marshall’s legal fees. 

Rep. Julie McCluskie receives a standing ovation from Democrats after being nominated for Speaker of he House during the first day of Colorado’s 2023 session at the Colorado State Capitol building on Monday, Jan. 9, 2023, in Denver, Colo.(Timothy Hurst/The Denver Gazette)
TIMOTHY HURST/DENVER GAZETTE
Hannah Metzger

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