Spring Break
Newspaper lawsuit could void chancellor decision
CSU board spokesperson: BOG's closed-door review legal under Colorado Open Meetings Law
Elyse Jarvis
Issue date: 5/7/09 Section: News
Two Colorado newspapers are crying foul after the CSU System's governing board held private discussions about one of its members -- now-chancellor finalist Joe Blake -- which a Denver attorney said Wednesday violated state Sunshine rules.
The discussions, held in an executive session Tuesday, sparked a lawsuit from the Fort Collins Coloradoan and the Pueblo Chieftain that could make public the required audio files recorded during the meeting.
If a judge finds the BOG in violation of state law, its decision to name Blake the sole finalist will be void.
During the closed portion of the session, the board interviewed two search committee-recommended finalists for the position before its public vote, BOG spokesperson Michele McKinney said.
McKinney said Blake recused himself from his duties as a board member before his interview. She said he won't return to his post unless the board decides not hire him on July 1 -- an unlikely scenario, she said.
Citing the Colorado Open Meetings Law, a statement prepared by the system's general legal counsel said, "The purpose of the executive session was not to discuss Mr. Blake in his capacity as a member of the Board of Governors, rather, it was to discuss the search committee's recommendations related to candidates for employment, including Mr. Blake."
The COML forbids undisclosed review of members of any public body by that body, and Chris Beall, an attorney who is representing the Coloradoan and the Chieftain, said the board's decision to close its session is in violation of the statute.
"The appropriate thing (for Blake) would have been to resign and then submit his application (for the chancellor position)," Beall said. "Because he did not choose to resign, he cannot be discussed privately."
There was no public deliberation prior to the BOG's public vote, which saw a lone dissenter, Pueblo attorney Tom Farley.
"The fact that there was no discussion on that vote suggests to me that the board actually made the real decision behind closed doors," Beall said.
The discussions, held in an executive session Tuesday, sparked a lawsuit from the Fort Collins Coloradoan and the Pueblo Chieftain that could make public the required audio files recorded during the meeting.
If a judge finds the BOG in violation of state law, its decision to name Blake the sole finalist will be void.
During the closed portion of the session, the board interviewed two search committee-recommended finalists for the position before its public vote, BOG spokesperson Michele McKinney said.
McKinney said Blake recused himself from his duties as a board member before his interview. She said he won't return to his post unless the board decides not hire him on July 1 -- an unlikely scenario, she said.
Citing the Colorado Open Meetings Law, a statement prepared by the system's general legal counsel said, "The purpose of the executive session was not to discuss Mr. Blake in his capacity as a member of the Board of Governors, rather, it was to discuss the search committee's recommendations related to candidates for employment, including Mr. Blake."
The COML forbids undisclosed review of members of any public body by that body, and Chris Beall, an attorney who is representing the Coloradoan and the Chieftain, said the board's decision to close its session is in violation of the statute.
"The appropriate thing (for Blake) would have been to resign and then submit his application (for the chancellor position)," Beall said. "Because he did not choose to resign, he cannot be discussed privately."
There was no public deliberation prior to the BOG's public vote, which saw a lone dissenter, Pueblo attorney Tom Farley.
"The fact that there was no discussion on that vote suggests to me that the board actually made the real decision behind closed doors," Beall said.
Be the first to comment on this story