Public bodies must not be permitted to “cure” infringements of the Colorado Open Meetings Law without being held accountable to the citizens who file lawsuits to enforce compliance, the Colorado Freedom of Information Coalition argues in a brief submitted to the state’s highest court.
The Colorado Supreme Court is reviewing whether the Court of Appeals in 2023 incorrectly rejected the awarding of attorney fees to plaintiff Erin O’Connell, who successfully challenged the Woodland Park school board — at least initially — over a meeting-notice violation that the board “effectively cured” at a subsequent meeting.
The justices also are examining whether the judicially created “cure” doctrine goes against the open meetings law’s “plain meaning” and “longstanding precedent.”