Two Colorado House Democrats sue their caucus, Republicans for alleged violations of open meetings laws

BY JESSE PAUL, ELLIOTT WENZLER AND SANDRA FISH THE COLORADO SUN

Two Democratic state representatives are suing their own caucus, including House Speaker Julie McCluskie and House Majority Leader Monica Duran, alleging “pervasive” violations of Colorado’s open meetings laws.

e 13-page legal action, a rare intraparty spat spilling into public view and the courts, was led in Denver District Court on Friday by Democratic Reps. Elisabeth Epps of Denver and Bob Marshall of Highlands Ranch.

It alleges Colorado House Democrats’ nearweekly caucus meetings, during which pending legislation is discussed, should be publicly noticed and that meeting minutes be recorded and o ered to the public. e lawsuit alleges members of the House Democratic caucus “directed legislative aides to omit or disguise these mandatory meetings from representatives’ calendars.” e lawsuit also argues that House Democrats’ use of Signal, an encrypted smartphone messaging system in which messages can be automatically deleted, also violates the state’s open meeting and public records laws. According to the legal action, representatives used Signal to discuss witness testimony and how each lawmaker would vote on bills.

Epps and Marshall, both lawyers, say they brought their concerns about the potential open meetings and public records violations to McCluskie, D-Dillon, and the legislature’s nonpartisan O ce of Legislative Legal Services.

“Despite plainti s’ best e orts, ultimately House leadership failed to act and defendants continued to violate COML,” the o ce said. McCluskie and Duran, D-Wheat Ridge, responded in a written statement.

“House Democratic leadership is committed to open and transparent government and ensuring a fair and public process for policy making,” the statement said. “We are still reviewing the complaint in full, and we stand by our caucus — dedicated public servants who work tirelessly on behalf of their constituents.”

Marshall, reached by e Colorado Sun, said he would provide comment in a pending statement. Epps didn’t immediately return a voicemail and text message seeking comment.

“Quorums of state public bodies in the House of Representatives routinely meet in secret to discuss public business,” the lawsuit said. “ ese discussions inform the course of legislative action to be later taken publicly and are routinely conducted outside of public view, without providing public notice, and without recording or publishing meeting minutes that the public can access.” e entire Colorado House of Representatives is also named as a defendant in the lawsuit. Democrats have a 46-19 supermajority in the chamber. e lawsuit asks a judge to declare that the unannounced caucus meetings constitute a violation of Colorado’s open meetings law and to enter an order barring them from holding private meetings between two or more House members to discuss public business. When such meetings occur, there should be minutes made available to the public, the legal action requests.

Epps and Marshall are also suing House Minority Leader Mike Lynch, the top Republican in the House, and the entire House GOP caucus, alleging they, too, violate open meetings laws by holding regular caucus meetings and through their communications on Signal.

A spokesman for Lynch and the House GOP caucus also didn’t immediately respond to a request for comment.

Epps and Marshall are also asking that their attorneys fees be paid by the defendants in the case. e lawsuit argues Colorado’s open meetings laws required that any gathering of two or more members of an elected state body must make their gatherings public if they are discussing public business. It also says any meeting of a state public body at which a quorum is expected to be in attendance can happen only after the public is

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