AG rules open-meeting law not violated

Dan Kulin

Wednesday, Sept. 15, 2004 | 9:35 a.m.

The state attorney general's office said the Boulder City Council did not violate the state open-meeting law when some council members discussed then-City Manager John Sullard's possible termination and severance package with Sullard during a series of private meetings.

However, the attorney general's office warned the council that communications between individual council members and a city manager, such as those that happened between Sullard and a majority of the council, can easily lead to a violation of the law.

But the attorney general's opinion, obtained by the Sun Tuesday, said there was no violation of the law in this case because there was no evidence the council members intended to avoid the requirements of the open-meetings law.

City Attorney Dave Olsen said he was pleased with the opinion, which confirmed his belief that the council did nothing wrong in this case.

Linda Strickland, an attorney from Boulder City who filed the complaint, said she was disappointed with the opinion because she still thinks the council broke the open-meeting law. Strickland said she intended to ask for a clarification of how intent plays such a role in determining whether the law was broken.

But Strickland said she was happy the attorney general's office warned the council against similar meetings in the future.

Strickland accused the council in February of breaking the open-meeting law, alleging that the council and Sullard negotiated his severance package during a series of secret meetings.

Sullard, who left the city manager's position in January, met with the mayor and at least three council members to discuss his status during his last two months on the job. The discussions with each elected official varied, but they all touched on either their desire that Sullard leave the job or what he could do if he were no longer city manager.

The attorney general's opinion said that while those meetings did occur, the council members had already made up their minds about Sullard's future. Also, Sullard's severance package was determined by his employment contract and was not up for negotiation.

The opinion went on to say that those meetings only served to confirm for Sullard the rumors about his having lost the support of the council.

Since Sullard's departure the council has appointed Vicki Mayes, the former city clerk, as city manager.