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City Clerk’s Office Item # Q-2
Background Paper for Proposed Resolution
COUNCIL MEETING DATE: April 28, 2014
TO: President Sandra K. Daff and Members of City Council
VIA: Gina Dutcher, City Clerk
FROM: Daniel C. Kogovsek, City Attorney
SUBJECT: Waiver of executive session privilege set forth at C.R.S. 24-4-402 (1)(D)
SUMMARY:
This Resolution waives the privilege for executive sessions of the Pueblo City Council held on
April 14, 2014; March 24, 2014; March 17, 2014; February 24, 2014 and February 18, 2014.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The Pueblo Chieftain has made a request under the Colorado Open Records Act (“CORA”) for
copies of the digital recordings of the executive sessions of the Pueblo City Council held in
2014. As required by CORA, the City retains copies of the digital recordings of executive
sessions for ninety (90) days. Making available to the Pueblo Chieftain copies of the digital
recordings of the executive sessions of the Pueblo City Council for the past ninety (90) days
would require Council to waive the executive session privilege set forth at C.R.S. 24-4-402
(1)(D) for the executive sessions held on April 14, 2014; March 24, 2014; March 17, 2014;
February 24, 2014 and February 18, 2014.
FINANCIAL IMPLICATIONS:
None. The Pueblo Chieftain will be billed for the City’s reasonable costs in complying with the
newspaper’s CORA request.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
Non-waiver of the executive session privilege.
RECOMMENDATION:
The Law Department recommends approval of the Resolution.
PROPOSED MOTION:
Motion to approve the Resolution.
Attachments:
None.
RESOLUTION NO. 12945
A RESOLUTION WAIVING THE EXECUTIVE SESSION
PRIVILEGE AND MAKING AVAILABLE TO THE PUEBLO
CHIEFTAIN DIGITAL RECORDINGS OF THE EXECUTIVE
SESSIONS OF THE PUEBLO CITY COUNCIL HELD ON APRIL
14, 2014; MARCH 24, 2014; MARCH 17, 2014; FEBRUARY 24,
2014 AND FEBRUARY 18, 2014
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Pueblo Chieftain has made a request under the Colorado Open Records Act
(“CORA”) for copies of the digital recordings of the executive sessions of the Pueblo City
Council held in 2014. As required by CORA, the City retains copies of the digital recordings of
executive sessions for ninety (90) days. City Council finds and determines that it is appropriate
to waive the executive session privilege set forth at C.R.S. 24-4-402 (1)(D), and make available
to the Pueblo Chieftain digital recordings of the executive sessions of the Pueblo City Council
held on April 14, 2014; March 24, 2014; March 17, 2014; February 24, 2014 and February 18,
2014.
SECTION 2.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Resolution which are necessary and proper to effectuate the
transaction described herein.
SECTION 3.
This Resolution shall become effective upon passage and approval.
INTRODUCED: April 28, 2014
BY: Steve Nawrocki
COUNCIL PERSON