A Colorado court has sided with an Elbert County mother in her lawsuit against the Elizabeth School District, alleging the school board violated open-meetings law.
Jessica Capsel said the school board meeting did not give proper public notice of a board meeting item in September 2023 about a “Resolution to keep Elizabeth Schools Open and Education Unrestricted” that opposed mask and vaccine mandates. Capsel argued the notice about a pandemic-related resolution was posted at the last minute, leaving no opportunity for the public to weigh in beforehand.
The Elbert County district court ruled that the school district’s original and amended notices violated the "full and timely notice” requirements for public meetings as required by the Colorado Open Meetings Law, commonly known as Sunshine Laws.
“The OML's purpose is to give citizens an opportunity to meaningfully participate in a decision-making process that impacts themselves and their communities,” wrote Judge Theresa Slade. “The Court furthers this aim by interpreting the OML broadly.”
Capsel said the ruling sends a message that the people’s business must be done in public, “period.”
“The public has a right to know what our elected officials are doing with our tax dollars so that we can participate in the process if we choose to do so,” she said. “This is what the Sunshine Laws do — they ensure transparency in government. And they apply to the Elizabeth School Board just as they do all government entities. This idea that a school board can add agenda items anytime they want to is ridiculous and false.”
District reaction
Elizabeth Superintendent Dan Snowberger said the district has just received the judge’s ruling and is reviewing it in full detail.
"Initially, we disagree with her interpretation and are likely to appeal,” he said. “Public bodies regularly amend their agenda at the start of every meeting and this ruling has implications for all such bodies across the state of Colorado. Upon further review, we will determine our course of action."
The school district argued that it complied with Colorado’s open meetings law. It said the law allows for flexibility in agenda amendments and that their notice was sufficient. But the court sided with Capsel. It said the original notice was not “full” because the agenda items didn’t provide a reasonable indication that the resolution would discuss keeping schools open and unrestricted.
The ruling stated that the Colorado Open Meetings Law is clear that a notice must be full and timely and must be posted no less than 24 hours prior to a meeting.
“Win for government transparency”
The issue of some local school boards in Colorado not providing full and timely notice about agenda items is becoming more common. Jeffrey Roberts, executive director of the Colorado Freedom of Information Coalition, said it is a good win for government transparency.
“The point of providing public notice at least 24 hours in advance is to make sure the community knows what’s going to be discussed,” he said. “People can then decide ahead of time whether to attend the meeting or tune in. When a public body changes the agenda just a few hours before the start of a meeting, people may not see that and may miss something they think is important.”
While Capsel is relieved the issue has come to a close, she worries the board is continuing to flout the law. She said at the April 7 meeting, an executive session with the district’s lawyer wasn’t on the agenda at the time of the meeting. When a member of the public asked about why there was no notice, board president Rhonda Olsen responded, “We can amend the agenda at the time of the meeting.”
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