Golden – Councilwoman Mary Weaver – irked about blocked access to tapes of executive sessions – has sued the city, several city officials and individual council members.
Weaver contends the city improperly closes meetings, a challenge she filed May 10 after she wasn’t allowed to listen to tapes of closed-door sessions.
“It’s really too bad it has come to this, but I try and try and they don’t listen,” Weaver said. “It’s about making sure our citizens get the benefit of open meetings, in accordance with state law.”
Her closed-door meeting concerns were triggered, Weaver said, when she wanted to hear the recording from an April 12 closed-door session on legal advice about the Welch Ditch, which diverts water from Clear Creek west of Golden.
Weaver was at the session but wanted to review discussion.
City Attorney Jim Windholz said Weaver could hear the tape in executive session only if the council approved the request, which the council did. But Weaver said an executive session for that purpose wasn’t legal.
City Manager Mike Bestor disputed Weaver’s allegations and said the city follows state law when it closes meetings.
Since Weaver’s suit names Windholz as a defendant, Bes tor said the city will have to hire outside counsel for the case.
Defendants also include Mayor Chuck Baroch, City Clerk Susan Brooks, Bestor and the other five council members.
Weaver, who began serving on the council in January 2006, said she doesn’t plan to resign.
“I’ve been told several times, ‘You’re new on the council,’ and I trusted Chuck Baroch, the city manager, the city attorney and the city clerk to guide us in the right direction. They haven’t done that,” Weaver said.
Despite that, Weaver said, “There are no hard feelings against anybody – it’s just procedural matters. We weren’t doing this right.”
A hearing is scheduled for Wednesday to set a date to consider Weaver’s request for a preliminary injunction to prevent the city from barring access to closed-door session tapes, to ensure she can listen to the tapes, and to keep the council from taking action on the Welch Ditch.
Jefferson County District Judge Jack Berryhill has ruled against Weaver’s request for a restraining order to keep the city from holding executive sessions.
Staff writer Ann Schrader can be reached at 303-278-3217 or aschrader@denverpost.com.
