AURORA — The Aurora City Council today will interview five city-manager candidates behind closed doors, a move that some say violates state law and lacks transparency.
Chris Beall, legal counsel for the Colorado Press Association, said the state’s open-meetings law allows councils to meet in executive session to discuss such “sensitive matters” as personnel issues.
But because the five unnamed candidates are not considered current employees, the city is violating Colorado’s sunshine law, he said.
He also questioned why the council is not releasing candidates’ names for public review.
“It’s an obvious effort to prevent the public from finding out who the candidates are,” Beall said.
Beall sent a letter to the City Council on Thursday on behalf of The Denver Post and the Aurora Sentinel. The letter questioned the legality of holding the interviews behind closed doors and requested a copy of any recordings of the interviews.
City Attorney Charlie Richardson said the city’s interpretation of the open-meetings law allows it to conduct the interviews in executive session.
He also said the city isn’t required to release the names of the five because state law dictates that must happen when the list of finalists is at three.
Beall said while that is technically correct, it is clear the city is trying to dodge disclosing the five candidates’ names.
Interim City Manager Nancy Freed is one of the final five, according to sources. The names of the remaining four were not known.
“We want to have the ability to select the most qualified candidate, and to do so, we strongly believe that it is important to maintain confidentiality until such time as they are finalists,” Richardson said.
The five candidates are seeking to replace former City Manager Ron Miller, who retired this year after 13 years on the job.
Council members could decide to pare the list from five to three, then make the names public. But it was unclear whether they would choose to do that or make a final decision from the group of five.
If the city does reduce the list to three, a 14-day vetting period would begin, in which city unions and residents could research the candidates and offer their input.
Councilman Bob FitzGerald said he understands the concerns of those who say the city isn’t being transparent.
However, he said, it is important to protect those candidates who do not get hired and return to their current jobs.
“What we are trying to do is preserve their employment and not get them in trouble,” FitzGerald said. “That’s the reason why it’s being done.”
Carlos Illescas: 303-954-1175 or cillescas@denverpost.com
