May 21, 2009 03:21 AM UTC

Update on CSU lawsuit

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• by: BobMoore

( – promoted by Colorado Pols)

We have some developments to report Wednesday on the lawsuit filed against the Colorado State University Board of Governors by the Coloradoan, Pueblo Chieftain and Colorado Independent.

At a special meeting Wednesday morning, the BOG voted to release audio recordings of some of its May 5 executive session that is at the heart of the lawsuit.

The released recordings concern Joe Blake, the board vice chairman who was selected as the sole finalist that day for the CSU chancellor position.

The board has not released portions of the executive session pertaining to the other interviewed candidate, Dennis Brimhall. The board won’t even confirm that he was the other interviewed candidate, although that fact was made public Tuesday with the assistance of Pols contributor Awen.

Trevor Hughes has a couple of stories on Coloradoan.com related to the latest development.

The first deals with the contents of the released recordings, which reveal that the CSU board was concerned about he public perceptions of picking the board vice chair for the chancellor job. You can read that story here: https://tr.im/lWlH

The second story examines the Wednesday morning board meeting and looks ahead to Thursday’s hearing on the lawsuit. One highlight is that the released tapes reveal that the board decided in executive session to name Blake the sole finalist. The Colorado Open Meetings Law couldn’t be more clear on this point: boards can deliberate in executive session, but they cannot make decisions. In this case, the BOG definitely made the decision in executive session. You can see that here: https://tr.im/lWnl

Here’s a statement from Steve Henson, managing editor of the Chieftain, on the developments.

“We want to clearly emphasize that our objections have nothing to do with Joe Blake. I think it is evident to all that he will be a terrific chancellor for the CSU system. But state law is very clear that boards cannot take a vote or reach consensus in a closed-door meeting. In reviewing the tapes released by the board Wednesday, it’s very clear they reached an agreement in executive session in clear violation of the Colorado public meeting laws.”

Here’s my statement:

“The Board of Governors’ decision to release part of the recording of its May 5 executive session was a first step in informing the public of important actions, but an inadequate one. The released portion of the recording clearly demonstrates that the board violated the Colorado Open Meetings Law by discussing one of its own members behind close doors, and by making decisions in executive session that clearly are required to be made only in open session. We are left to wonder what’s on the unreleased portions, so we will continue the lawsuit that seeks to have the entire recording made public.

“CSU’s governing body should be able to meet its obligations to inform the public on important issues without the need for legal action by news organizations, but so far that hasn’t proved to be the case.”

I’ll provide an update after the Thursday hearing.