Colorado Open Meeting Law (COML) Suit - DougCo

LAWSUIT EXPENSES: Four members of the seven-member Douglas County Board of Education came to a collective decision behind closed doors to fire the well-regarded Superintendent, Corey Wise. The four did not inform any of the other board members until after they delivered an ultimatum to Mr. Wise to resign, or they would fire him at a properly noticed open meeting of the BoE. Coming to a collective decision and taking collective action outside public scrutiny is a violation of Colorado's Sunshine laws, specifically the Open Meeting Law. After these backroom machinations came to light, a teacher sickout occurred on Thursday, 03 Feb in Douglas County to protest the actions of these BoE members, which was large enough to shut the school district down for the day. At the end of that day, in the late afternoon, the BoE called an "emergency" Special Meeting with the minimum 24 hours notice for the next day at 5:00 P.M.. At a train wreck of a meeting, which gained national press, the BoE fired Mr. Wise in a pro forma meeting in a 4-3 vote where no public comment was allowed. The four admitted to their conduct in intentionally attempting to circumvent the COML by saying they "technically" followed the law by only communicating one at a time among themselves in coming to their collective decision and taking their collective action.

These seriatim meetings are a practice known as a "walking quorum" or "daisy-chain", where individuals meet below quorum requirements for a public body, but in succession among each other to come to a collective decision behind closed doors. This sneaky practice to defeat Sunshine laws has been struck down by courts in about a half dozen states. But Colorado's courts have never addressed it.

I was able to have a COML Complaint and Motion for a Temporary Restraining Order (TRO) filed by 3:50 P.M. the day of the hearing. And had the four BoE members served as defendants at the start of their meeting. Unfortunately, the Judge did not receive the motion and complaint in time to act. But the suit is still active with our requests for relief being: 1) Declaratory Judgment that the four BoE members violated the law; 2) an injunction forbidding the BoE to engage in this practice in the future; and 3) declaring the action taken at the "properly" notice BoE meeting where Mr. Wise was fired "null and void" on the basis that it was just a pro forma ratification of their illegal conduct.

I have spent about $1500 getting the initial complaint and motion filed. And we are filing an amended complaint and motion since the meeting occurred already. I anticipate a total of $2500-3000 to litigate this case in the trial court, which is far less than the other public interest suits I have brought and quite a bargain. And win or lose in the trial court, it likely will wind up appealed to the Colorado Court of Appeals. It will be a huge help to offset some of these expenses. So any assistance is greatly appreciated.

Any recovery of costs/fees, or remaining excess funds, will either go into a revolving litigation fund for Colorado Open Records Act (CORA) and Colorado Open Meeting Law (COML) actions in Douglas County. Or, alternatively, any excess funds or recovered costs/fees will be donated to the Colorado Freedom of Information Coalition if the excess is minimal or a revolving fund does not appear viable.