County Attorney Cynthia Mitchell asked the board to go into executive session during the July 15 BOCC work session to receive legal advice on several specific matters and to discuss negotiation strategy.

Mitchell cited statutory authority for the executive session and listed the subjects she said required confidential legal advice: a potential amendment to the intergovernmental agreement (IGA) with the city regarding the regional building department; requirements of the IGA with Pueblo West related to the road sales tax; the county’s family and parental leave policy in the context of the Family Medical Leave Act; a solicitation related to the public service companies just transition plan and Black Hills matters pending before the Public Utilities Commission; potential ballot measures regarding expiring tax credits and sales taxes; and discussion of withdrawal from the regional building IGA where negotiation strategy and instructions to negotiators may be needed.

The board then took a motion to enter executive session for the reasons cited. The motion was moved, seconded and the board voted aloud: “Aye. Aye.” The chair declared the board in executive session.

Why it matters: Mitchell’s list includes several matters that involve legal review, negotiation and potential litigation or ballot action. The work session provided public notice only that the board would go into executive session to discuss these items; no privileged details from the executive session were disclosed in the public transcript.

Procedural details

Mitchell referenced statutory authority in the motion; the transcript records her citing “Sierra section 24 6 4 2 4 b” and “CS section 24 6 4 2 4 e” as the legal bases for receiving legal advice and discussing negotiation strategy and instructions to negotiators. The exact statutory citations and any legal analyses discussed in executive session were not disclosed in open session.

A motion to enter executive session was moved and seconded and the board voted in favor. The transcript records the board entering the executive session at the close of the recorded work session.