By Dennis Maes

I recently witnessed two serious violations of the Colorado Open Meetings Law by the Pueblo Urban Renewal Authority (PURA) board. Both were brought to the attention of the board in an open meeting and entered on the record.

What is astonishing is the intentional violations were initiated by Heather Graham, the mayor of Pueblo.

Meanwhile, due to the violations, the public has been shut out of what is, by rights, the public’s business. That is the reason we have a state open meeting law — and it is why it is so important all of us public officials comply with it.

I am a member of the Pueblo District 60 Board of Education as well as the board of PURA. I do not have the authority to speak on behalf of either organization and do not do so. I am simply sharing my own observations.

The Colorado Urban Renewal Law was created primarily to authorize the formation of an urban renewal authority (URA) to prevent and eliminate blight in a community.  PURA is a local public body subject to the Colorado Open Meetings Law.

The PURA Board of Commissioners is composed of 13 commissioners. Ten of the commissioners are appointed by the mayor and are subject to approval by the Pueblo City Council. One of the appointees may be an official of the municipality. Recently, Mayor Graham appointed herself to be a voting member on the PURA board in her capacity as an official of the municipality.

Two essential requirements for the electorate to have confidence and trust in their elected and appointed public servants are transparency and a belief in and commitment to the rule of law.

The Colorado Open Meetings Law specifically provides, “It is declared to be a matter of statewide concern and the policy of this state that the formation of public policy is public business and may not be conducted in secret.”

Public meetings are defined as “all meetings of a quorum of 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.”

This past Feb. 10, Graham sent the following email: “Good morning  Executive Team and Mrs. Deeg, (the current interim executive director of PURA), as a board member and someone who deals with legal ramifications daily, after our meeting on Tuesday I believe, we may need to look for an alternative to our legal counsel. I found it very troubling that (attorney name redacted) could not give direction when asked on legal procedure and policy questions for something as important and (sic) executive session. This is a very important role, and I am concerned this is not the first time, and I am concerned it will not be the last. I am not sure what needs to happen, but I think a discussion is minimum. Heather Graham, Mayor of Pueblo.”

On the same day, Fallon Miller, treasurer and member of the PURA board responded as follows, “I also voiced this same concern following the meeting on Tuesday. I do believe it is important for the entire board and staff to discuss further on concerns and next steps to make a change with regards to legal counsel.” Miller copied Mrs. Deeg and Jim Valenzuela, board chair on the email. Valenzuela did not engage in the exchange.

Deeg responded, “All. Thank you for this discussion and I will add discussion to the Thursday Feb. 10 agenda regarding legal representation. Cherish”

Graham, Miller and Valenzuela are all members of the PURA board constituting a quorum and public meeting of the board as defined by law. The law requires public notice prior to said meeting.

The required notice was not given, hence, a violation of the Open Meetings Law.

Legal counsel from Denver confirmed on the record that the exchange was, indeed, a violation of the Open Meetings Law.

The exchange was exacerbated by discussing a personnel matter that should have been discussed in executive session rather than subjecting the employee to a public discussion concerning his competence. Common decency required no less.

Equally astonishing that the violation was initiated by the mayor was the cavalier attitude of the commission members toward the violation. Not a single member challenged the participants about their involvement in an illegal act.

When a governmental body acts in violation of the law, the integrity and transparency of each board member is subject to scrutiny. It is my hope my colleagues on the PURA board share the same sentiment and commit to following the law by acknowledging its violation in a public meeting. If we, as a public body, believe following the law is unimportant the public should demand our removal.

Dennis Maes served 24 years as a 10th Judicial District judge in Pueblo and was chief judge for 17 of those years. He previously served as director of Pueblo County Legal Services, Inc.; as a public defender and as an attorney in private practice.