Associated Students of University of Colorado v. Regents of University of Colorado
| Decision Date | 17 November 1975 |
| Docket Number | No. 26696,26696 |
| Citation | 543 P.2d 59,189 Colo. 482 |
| Parties | The ASSOCIATED STUDENTS OF the UNIVERSITY OF COLORADO et al., Plaintiffs-Appellees, v. The REGENTS OF the UNIVERSITY OF COLORADO et al., Defendants-Appellants. |
| Court | Colorado Supreme Court |
Bisbee, Geil & Kezer, John Kezer, Harold A. Haddon, Boulder, for plaintiffs-appellees.
John P. Holloway, Boulder, for defendants-appellants.
This appeal involves a determination of the applicability of the Open Meetings Law 1 of the Colorado Sunshine Act of 1972 to the Board of Regents of the University of Colorado.
An action for injunctive relief was brought by a group of university students and faculty members to prohibit the Regents from entering into executive sessions (closed to the public) pursuant to an amendment to Laws of the Regents, Art. II, Sec. 7(b), which, in relevant part, states as follows:
This amendment was adopted subsequent to the enactment by initiation of the Sunshine Act, which, in relevant part, povides:
'3--37--401. Declaration. It is hereby declared to be the policy of this state that the formation of public policy is public business and may not be conducted in secret.
'3--37--402. Meetings--Open--Procedure. (1)(a) All meetings of two or more members of any board, committee, commission, or other policy-making or rule-making body of any state agency or authority or of the legislature at which any public business is discussed, or at which any formal action is taken by such board, committee, commission, or other policy-making or rule-making body are declared to be public meetings open to the public at all times, except as may be otherwise provided in the constitution.'
Both sides, respectively, filed motions and cross motions for summary judgment; and following oral argument, the trial court ruled that the Regents are permanently enjoined from excluding members of the public from their meetings, except at such times that information is exchanged to which the attorney-client privilege applies.
The Regents challenge that ruling; and for reasons stated below, we reverse.
The Regents comprise the governing board of the University of Colorado (hereinafter 'the university'), they are a constitutional body corporate, created by Colo.Const. Art. IX, Sec. 12. Prior to the 1972 Constitutional amendments to Colo.Const. Arts. VIII and IX, Art. IX, Sec. 14 provided as follows:
2
Employing the exact wording contained in that Article but adding 'unless otherwise provided by law,' Art. VIII, Sec. 5(2) was amended in November 1972 to grant to all governing boards of state educational institutions (including the Regents) '. . . the general supervision of their respective institutions and the exclusive control and direction of all funds . . . unless otherwise provided by law.' Such language of control grants broad discretion to the Regents as a governing board. (See Burnside v. Regents, 100 Colo. 33, 64 P.2d 1271 (1937) re right to operate buses exempt from general Public Utilities law.)
The language of this provision, as applied to the Regents, is repeated in C.R.S.1963, 124--2--10 (now section 23--20--111, C.R.S.1973). The Regents, further, are directed by 1971 Perm.Supp., C.R.S.1963, 124--2--11 (now section 23--20--112, C.R.S.1973) to '. . . enact laws for the government of the university.' Laws of the Regents, Art. II, Sec. 7(b) was enacted in accordance with powers afforded by these provisions.
These are special provisions, conferring upon the Regents specific and particular powers. As the trial court correctly concluded, the Sunshine Act is a general law. General legislation does not repeal conflicting special statutory or constitutional provisions unless the intent to do so is clear and unmistakable. People v. Burke, 185...
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