The newly elected board members of the Estes Valley Fire Protection District met Wednesday morning at the fire house and were sworn in. After the private swearing in ceremony, the board members were given a tour of the fire house and then had a meeting with Chief Paul Capo and the administrative office chief, Erika Goetz. The individuals in the photo from left are Chief Capo, Scott Dorman, Sandra Smith, Jeff Robbins, Jon "Hippy" Smith, and Ryan Leahy. Credit: Patti Brown / Estes Valley Voice

Clarification, May 24, 2025 8:16 am: Detailed information about Colorado's Sunshine Laws related to the Open Meeting Requirements has been added to this article. It is necessary for the public's business to be done publicly, transparently, and with accountability.

The five new board members of the Estes Valley Fire Protection District were sworn in Wednesday morning during a private ceremony that was not announced to the public or to the district’s members.

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The Estes Valley Voice learned of the swearing in just after the ceremony and was able to get to the fire station and take a photo of the new board, who had gathered in the conference room for a meeting with Chief Paul Capo and the fire district’s administrator, Erika Goetz.

According to Colorado law, a gathering of more than two members of a public board must be publicly noticed at least 24 hours in advance and an agenda posted for review.

The EVFPD lost a lawsuit in December over violations of the state’s open meetings law.

When asked why he did not give public notice, Capo said he did not believe it was necessary since the newly elected members of the board had not been sworn in when they entered the building.

The Colorado Revised Statutes outline the state’s Sunshine Laws governing the gathering of elected and appointed members of a public body. The portions of C.R.S. §24-6-402 pertaining to “local public bodies” is applicable to the Estes Valley Fire Protection District, as distinguished from the portions of the statute applicable to state public bodies.

Local public bodies are “any board, committee, commission, authority, or other advisory, policy-making, rule-making, or formally constituted body of any political subdivision of the state.” C.R.S. §24-6-402(1)(a)(1). A political subdivision is defined as “a county, city and county, city, town, … fire protection, … or other special district, or any other kind of municipal, quasi-municipal, or public corporation organized pursuant to law.” C.R.S. 29-1-901(2).

The foundational rule of the state’s open meeting requirements states that “All meetings of a quorum or three or more members of any local public body, whichever is fewer, at which any public business is discussed or at which any formal action may be taken are declared to be public meetings open to the public at all times.” C.R.S. §24-6-402(2)(b).

This is distinguished from the rule relating to “state public bodies” — requiring open meetings of “two or more members of any state public body at which any public business is discussed or at which any formal action may be taken.” C.R.S. §24-6-402(2)(a).

A state public body is understood to be any board, committee, commission, or other advisory, policy-making, rule-making, decision-making, or formally constituted body of a state agency, state authority, or the General Assembly. This includes the regents of the University of Colorado, as well as any public or private entity to which the state has delegated a governmental decision-making function.