During the town council's work session on Thursday, Feb. 9, Cedaredge trustee Michael Meskel raised the question of open meetings of its committees.

Mayor Pat Means  began by explaining that there are committees that are mandated by state statutes, such as the tree board and planning; citizen group committees, such as recreation and culture and the citizen business support group; and other "task oriented" committees formed to address specific issues, such as the wastewater facility planning committee.

Means said trustees are appointed to these  and other committees to represent the town, and that the committees are formed to discuss issues and make recommendations to the board of trustees. They are not controlled by the board of trustees.

Trustee Meskel is concerned that he was not getting enough information during committee reports and felt he was being excluded from going to those meetings. Meskel said he was asked to leave a meeting of the recreation and cultural advisory committee because there were already two trustees present and that his presence would violate the Colorado Open Meetings laws.

Meskel then stated that, according to the Open Meetings Law, two or more trustees present during a committee meeting constitutes a public meeting and should be open to the public, including himself.

Means said Meskel was mistaken and had not read the Sunshine law beyond the requirements for open meetings at the state level. Means explained that the "two or more" applies only to those meetings at the state level, and that the requirement applicable to local governments is for "three or more" trustees present in order for the meeting to be declared an open meeting. Means said Meskel's presence at the Recreation and Cultural Advisory committee's meeting would have been a violation of the Colorado Sunshine Law, due to the fact that two other trustees were already attending the meeting.

Section 2(b) of the Colorado Sunshine Law (CRS24-6-402) states, "All meetings of a quorum or three or more members of any local public body, whichever is fewer, at which any public business is discussed or at which any formal action may be taken are declared to be public meetings open to the public at all times."

In an e-mail to the mayor and town administrator Kathleen Sickles, Meskel wrote, "I personally would like to hear and witness what is being discussed and decided within these meetings, that we have been excluded [from]." Meskel also said he would like to see all committee meetings open to the public, so that he and other interested parties could attend those meetings. To that end, Meskel said all the town has to do is to post meeting notices in a public place in order to comply with the Sunshine Law.

Means replied that the trustees assigned to those committees are there to bring the information back to the board of trustees. "If we have three or four trustees [at the committee meetings] there is a risk that we [the board of trustees] are being influenced before the issues come to the board." Means added that there is also the possibility that too many trustees could influence the committees.

"Trustees have limitations," said Means, "and we don't want to overwhelm the committees with trustees. We have committee appointments for a reason."

In response to Meskel's e-mail, Means said, "If you believe trustees are not reporting enough information at the regular board meetings, please feel free to ask for more detail."

Sickles noted that in the case of the Finance Committee (trustee Nelson Cederberg and Finance Director Tammy Francis), both bring a concise and detailed report to the board of trustees. Sickles also noted that if those meetings were made open to the public, they would have to find a suitable place to hold those meetings because "Town Hall is not big enough."

"But I feel like I am being censored," said Meskel, "or penalized. Having trustees give out a verbatim report is ridiculous."

Trustee Gene Welch said he was concerned that if committee meetings were made public,  "It would create rumor mills. Just let the committees do their jobs." Cederberg added, "What Mike [Meskel] is saying has some merit. I would like to go to some of these meetings without participating.

"But I hear what Gene [Welch] and Pat [Means] are saying." Cederberg then suggested that maybe the trustees could consider the issue at some other time.

Means responded, "We can look at this issue at another time. I'm not opposed to that."