At the state level, access to public meetings — such as legislative sessions and committee hearings — is generally guided by a state’s open meetings law. Using Colorado as an example, some legislatures have passed bills to restrict the public’s access to such meetings, making it more difficult for journalists to collect and share vital information.
We checked in with Rachael Johnson, senior staff attorney for the Reporters Committee for Freedom of the Press’ Local Legal Initiative in Colorado, to ask how journalists and legal experts are handling restrictions on public meetings.
What are some of the biggest roadblocks you are hearing from journalists right now when covering public meetings?
Johnson: Last year, the Colorado Legislature exempted themselves from some of the provisions of the Colorado Open Meetings Law (“COML”) when it passed Senate Bill 157. The bill allowed more lawmakers to have conversations in private by narrowing the definition of what constitutes a “public” meeting for the purposes of the COML. The bill essentially permits lawmakers to discuss the “public’s business” behind closed doors without having a public meeting. This lack of transparency is one of the biggest hurdles today.
Also, more frequently, state and local public bodies are meeting in executive session to conduct the public’s business. If the bodies meet behind closed doors in an executive session, the body is required to record the meeting. Often what journalists’ face are bodies meeting in executive sessions when the grounds to do so have not been established.
What legal means do journalists have to challenge executive sessions or if they are denied access to a public meeting?
Johnson: In order to challenge an executive session, the journalist is forced to sue the body in court to get access to the recording – if one exists.
If a Colorado journalist, or “any person” as defined by the COML, is denied access to a public meeting, they can challenge the violation or denial in court. If the party/journalist challenging the denial prevails, they can be awarded attorney fees if there is a violation of the COML. If the party loses, attorneys fees can be awarded to the state body only if the court finds that the lawsuit was frivolous.
What is the continued value of showing up to cover public meetings? Why not just watch a recording or ask an AI chat bot to summarize meeting notes?
Johnson: There is no replacement for showing up to do the shoe-leather reporting. Often, there are exchanges between members and constituents that may happen before a meeting or after a meeting, which should be, but are not included in the public record. There’s also no substitute for having an opportunity to meet with members and community members face-to-face.
Additional resource: Colorado Freedom of Information Coalition
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