Does my organization need to follow open meetings law?
This depends on your nonprofit. However, most nonprofits in general are not required to comply with the open meetings law.
When a Nonprofit Must Comply
The Colorado Sunshine Law applies to any state or local governmental body where a meeting of two or more persons occurs where public business or formal action is discussed. This applies to a nonprofit if you fall into one of the two categories:
State Governmental Body | Any board, commission, or other advisory decision-making body of the state; state college or university board; the General Assembly; or any entity that has been delegated the governmental decision-making.
Local Governmental Body | Any board, commission, or other advisory decision-making body of a political subdivision of the state; or any entity that has been delegated the governmental decision-making function.
Executive Sessions for Nonprofits
Unless the open meetings laws apply, there are many articles out there online on best practices for nonprofits on use of executive sessions. Read BoardSource’s article on best practices for executive sessions.
Colorado’s open meeting law applies to any state or local public bodies as defined under 24-6-402. Essentially, this means any board, commission, or other advisory decision-making body of the state or a political subdivision; state college or university board; the General Assembly; or any entity that has been delegated the governmental decision-making function.
Additional Resources for Nonprofit Transparency
Please see Principles & Practices for Nonprofit Excellence for more information on best practices on transparency and required documents nonprofits must make available.
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Disclaimer
These articles, samples, and resources are offered for informational purposes only and should not be construed as professional advice. If used, your organization should tailor samples to best fit the organization’s specific circumstances. We encourage your organization to seek appropriate professional assistance as needed.