NOTE: The governor signed this measure on 6/6/2014.
      
      
      SENATE BILL 14-182
      
      
      BY SENATOR(S) Hodge, Kefalas, Ulibarri, Carroll;
      also REPRESENTATIVE(S) Peniston, Buckner, Fields, Fischer, Hamner,
      Labuda, May, Primavera, Rosenthal, Schafer, Tyler, Ferrandino,
      Kraft-Tharp, Pettersen.
      
      
      Concerning procedures governing discussions by boards of
           education of school districts while meeting in executive
           session.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 22-32-108, amend (5)
      (a); and add (5) (d) and (5) (e) as follows:
      
           22-32-108.  Meetings of the board of education - legislative
      intent. (5) (a)  All regular and special meetings of the board shall be open
      to the public, but the board may require any person who disturbs good
      order to leave. At any regular or special meeting the board may proceed in
      executive session in accordance with the requirements of this
      paragraph (a) and paragraph (d) of this subsection (5). Only those
      persons invited by the board may be present during executive session, and
      the board shall not make final policy decisions while in executive session.
      At the special meeting of the board called pursuant to section 22-32-104
      (1), each board member shall sign an affidavit stating that the board
      member is aware of and will comply with the confidentiality requirements
      and restrictions applicable to executive sessions of the board, as described
      in section 24-6-402, C.R.S., regardless of whether the board member
      participates in the executive session in person or electronically in
      accordance with the board policy adopted pursuant to subsection (7) of this
      section. The school district shall keep and preserve the affidavits with the
      minutes of board meetings and other board documents.
      
           (d)  In the case of a meeting of a board of education during
      which an executive session is held, the minutes of the meeting must
      indicate the topic of the discussion at the executive session as
      well as the amount of time each topic was discussed while the
      board was meeting in executive session. The minutes along with
      the amount of time each topic was discussed must be posted on the
      web site of the board not later than ten business days following
      the meeting at which the minutes are approved by the board. If the
      board does not maintain a web site, the minutes must be published
      in the same manner as the board regularly provides public notice.
      The board shall comply with all other requirements pertaining
      to the holding of a meeting in executive session including, without
      limitation, those specified in section 24-6-402 (2) (d.5) (II) (A), C.R.S.
      
           (e)  Notwithstanding section 24-6-402 (2) (d.5) (II) (E), C.R.S.,
      the record of an executive session of a board of education that
      is electronically recorded pursuant to section 24-6-402 (2) (d.5)
      (II) (A), C.R.S., including, without limitation, the actual
      electronic recording of the executive session, must be retained
      for at least ninety days after the date of the executive session.
      
           SECTION 2.  In Colorado Revised Statutes, 24-6-402, amend (2)
      (d.5) (II) (E) as follows:
      
           24-6-402.  Meetings - open to public - definitions.
      (2) (d.5) (II) (E)  Except as otherwise required by section 22-32-108
      (5) (e), C.R.S., the record of an executive session of a local public body
      recorded pursuant to sub-subparagraph (A) of this subparagraph (II) shall
      be retained for at least ninety days after the date of the executive session.
      
           SECTION 3.  Applicability. This act applies to meetings of boards
      of education that take place on or after the effective date of this act.
      
           SECTION 4.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ____________________________  ____________________________
      Morgan Carroll                        Mark Ferrandino
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO