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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32585
Experience:  Began practicing law in 1992
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If a decision is made by elected officials at a meeting that

Customer Question

If a decision is made by elected officials at a meeting that was not noticed, is any action resulting from this meeting null and void?
Submitted: 9 months ago.
Category: Legal
Expert:  Dwayne B. replied 9 months ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. If the meeting is one that was subject to the Open Meetings requirement and there was not proper notice given then any actions taken at the meeting are void pursuant to CRS 24-6-402(8) and Gray v. City of Manitou Springs 598 P.2d 527, 529 (Colo. Ct. App 1979). If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread.
Customer: replied 9 months ago.
Can county commissioners meet and discuss a county employee with the intent of forcing the employee's resignation, without giving the employee notice to attend said meeting?
What protection does a county employee have against slander and a campaign of false accusations made by a private business owner who stands to replace the county employee's duties with services offered by his or her private business? What protection does a county employee have against a corrupt commissioner who forces him to resign by acting on false charges without ever investigating the merit of said charges? Is there a law in Colorado against cronyism? Are there regulations against cronyism?
Customer: replied 9 months ago.
Back to open public meetings: Under what circumstances can county commissioners force changes in how services are provided? Would discussion of these proposed changes fall under the open public meetings act or can the commissioners order changes and then inform the public fait accompli?
Expert:  Dwayne B. replied 9 months ago.
Personnel decisions are a little different. I don't think that the lack of notice renders the decision void but it does make it challengeable under the concept of due process. Usually discussion of an employee is done in an executive session and not in the open meeting although the actual decision or vote on what to do with an employee is done in an open meeting. They cannot vote on discipline for an employee, or any other matter other than those related to litigation, in closed session.