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Court of Appeals Sides With Aurora Sentinel in Open Meetings Case, Orders Release of City Council Executive Session Recording

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  • Colorado Freedom of Information Coalition

    The Colorado Freedom of Information Coalition is a nonpartisan alliance of groups, news organizations and individuals dedicated to ensuring the transparency of state and local governments in Colorado by promoting freedom of the press, open courts and open access to government records and meetings.

In a victory for the Aurora Sentinel, the Colorado Court of Appeals reversed a district court ruling Thursday and ordered Aurora to publicly release the recording of an executive session in which city council members ended censure proceedings against a fellow councilor.

A three-judge panel of the state’s second-highest court concluded that council members violated the Colorado Open Meetings Law by inadequately announcing the Mar. 14, 2022, closed-door meeting and improperly deciding in secret to halt the action against Councilmember Danielle Jurinsky for comments she made about Aurora’s then-police chief and deputy chief.

The appellate court, however, decided not to award attorney fees to the newspaper because it is not a “citizen” of the state under an open meetings law provision that entitles plaintiffs to reasonable fees if they prevail in lawsuits. The Sentinel doesn’t meet the Merriam-Webster dictionary definition of a citizen as “a native or naturalized person who owes allegiance to a government and is entitled to protection from it,” Judge David Furman wrote for the court.