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January 27, 2014 VIA E-MAIL (c/o Blake Andross) and U.S. Mail Hon. Sally Jewell Secretary of the Interior U.S. Department of the Interior 1849 C Street NW Washington, DC 20240 Re: Exclusion of Reporters From Public Meeting

Dear Secretary Jewell: This law firm represents the Colorado Press Association and its member newspaper, The Craig Daily Press. I write, respectfully, to express both of these organizations disappointment with the actions taken by your office on January 22, 2014, in excluding from a posted public meeting of the Moffat County Commissioners a reporter for The Craig Daily Press, Erin Fenner. Ms. Fenners exclusion was in violation of the Moffat County Commissioners lawful duties under the Colorado Open Meetings Law. Furthermore, her exclusion from the public meeting on the basis of her status as a member of the press was a violation of her and her employers rights under the First Amendment. Accordingly, we respectfully urge that in the future, your office make greater efforts to coordinate with local governmental offices to avoid any recurrence of such violations of state law and constitutionally protected press freedoms. Here is what we understand occurred: At its regular scheduled public meeting on Tuesday morning, the Moffat County Commissioners announced that there would be a meeting between them and Secretary Jewell that afternoon, and that this meeting to discuss public business would be open to all members of the public, in accordance with Colorado law. Indeed, the County Commissioners expressly invited the reporter from the local radio station KRAI-FM to have that station broadcast that the meeting was to occur, so that there were would be a large public turnout to welcome Secretary Jewell and engage in a public discussion concerning the sage grouse conservation effort. Moreover, that morning, the Moffat County Commissioners posted a formal notice that their meeting that afternoon with Secretary Jewell, the Governor, and other State officials, would involve their discussion of public business and therefore, in compliance with their duties under the Colorado Open Meetings Law, was a meeting open to the public.

Hon. Sally Jewell Secretary of the Interior U.S. Department of the Interior January 27, 2014 Page 2 In accordance with the Commissioners oral invitation and the formal posted notice, Ms. Fenner arrived at the American Legion Hall and sought entry into the Commissioners public meeting. Ms. Fenner was prohibited from entering the public meeting, by someone she believes was a member of your staff, who explained to her that the meeting was open to the pubic only, but no members of the press were permitted to attend. When notified of the situation by The Craig Daily Press Managing Editor, Noelle Leavitt-Riley, Moffat County Commissioner John Kinkaid confirmed his belief that the meeting was open to the public, and that Ms. Fenner should be given entry to the American Legion Hall. Nevertheless, Ms. Fenner was barred from entering the public meeting. From what we have been able to determine to date, it appears that what occurred was the result of a miscommunication between the County Commissioners and your office concerning the County Commissioners duties under Colorados Open Meetings Law. Quite clearly, the County Commissioners fully understood and sought to abide by their obligations to open to the public a meeting at which they participated in discussion of public business. Under Colorados law, once a meeting is properly noticed as a public meeting, no member of the public may be excluded (other than as a result of being disruptive). Members of the press, like Ms. Fenner, are, under the law, members of the public. Thus, your Department spokesman Blake Androffs emailed statement to the Grand Junction Sentinel that no member of the public was turned away, is factually incorrect. Under Colorados Open Meetings Law, it is no more lawful to exclude all members of the press from the Commissioners public meeting than it would be to exclude all people who are left-handed or all people shorter than six feet in height. Simply put, excluding certain members of the public from a public meeting is a violation of this states Open Meetings Law. As a result of Ms. Fenners being barred from attending the public meeting at the American Legion Hall, we have reason to believe that your office caused the Moffat County Commissioners to be in violation of the Open Meetings Law. (As far as we are aware, the County Commissioners did not meet in a public meeting and announce the topic and statutory basis for convening an executive session, which would have authorized them to exclude the public from the meeting at which they discussed public business, provided they voted to do so publicly and thereafter recorded their executive session.) In addition, although neither your office nor the Colorado Governor are themselves subject to the Colorado Open Meetings Law, as government officials, each is subject to the First Amendment to the Constitution of the United States. The United States Supreme Court has explicitly recognized that the Constitution demands that the media be guaranteed access at least equal to that granted to the public. Star Journal Publg Co. v. County Court, 591 P.2d 1028, 1030 (Colo. 1979) (citations omitted) (emphasis added). As Justice Potter Stewart wrote in a concurring opinion in Houchins v. KQED, Inc., 431 U.S. 1 (1978), The Constitution does no more than assure the public and the press equal access once government has opened its doors.
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Hon. Sally Jewell Secretary of the Interior U.S. Department of the Interior January 27, 2014 Page 3 (emphasis added). Here, by posting a formal notice and their oral statements on the morning of January 22nd, the Moffat County Board of Commissioners had opened its doors to the public to attend its meeting at the American Legion Post 62. Thereafter, by excluding Ms. Fenner from that meeting, on the sole basis that she was a reporter, her rights, and the rights of the press guaranteed by the First Amendment, were violated. The press has . . . a fundamental right to attend any . . . proceeding which is open to the public. Star Journal Publg, 591 P.2d at 1030. As I said above, we believe that what transpired in Craig on January 22nd was not the result of any intentional effort by the County Commissioners nor by your office deliberately to violate the rights of the press and/or the public. We attribute the unfortunate set of events to a basic breakdown in communication between the Moffat County Commissioners and your office regarding the parameters of the meeting at the American Legion Post. Accordingly, we respectfully urge you, in the future, to strive to communicate in advance with local public bodies who are subject to our states Open Meetings Laws prior to excluding any members of the public (including the press) from meetings at which public business is discussed, and to which the general public has been formally invited. Thank you very much for your consideration. Please do not hesitate to contact me if you wish to discuss any of the above. Sincerely, LEVINE SULLIVAN KOCH & SCHULZ, LLP

By: Steve Zansberg SDZ/cdh cc: County Commissioners, Moffat County, Colorado Noelle Leavitt-Riley, Managing Editor, Craig Daily Press Samantha Johnston, Executive Director, Colorado Press Association

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