Commissioner Carrie Warren Gulley moved that the board go into executive session "pursuant to section 24‑6‑402(4)(b) of the Colorado Revised Statutes to receive legal advice regarding a potential amicus brief in the Yellow Scene Magazine v. City of Boulder case." The motion was seconded and approved by voice vote.
The board invoked Colorado’s executive‑session statute that permits confidential attorney‑client advice on matters that could be the subject of litigation. No further details about the subject of the proposed amicus brief, the arguments under consideration or any vote on filing an amicus brief were discussed in public before the board recessed into executive session.
Next procedural step: the board entered executive session for privileged legal advice; no public deliberation on the merits of the potential brief was recorded in the transcript.