DENVER – The state of Colorado has settled a lawsuit filed against two members of its Parks and Wildlife Commission (CPW), who were accused of violating the state’s Open Meetings Law by jointly authoring an op-ed in support of a ballot measure last year.

The Sportsmen's Alliance Foundation and Safari Club International filed the lawsuit in Denver District Court in December. The legal action stemmed from a joint opinion piece published in multiple news outlets, including the Durango Herald, in October by two current and one former commissioner, just weeks before voters were to decide on a state ballot measure seeking to ban the “trophy hunting” of mountain lions, bobcats, and lynx. Colorado law already prohibits trophy hunting, and lynx are a protected species in the state.

In the November election, voters overwhelmingly rejected Proposition 127, one of three ballot measures pushed by animal rights groups. The other two measures, which were on the Denver city ballot, sought to ban fur sales and close the city’s only slaughterhouse.

The sportsmen’s groups labeled current commissioners Jack Murphy and Jessica Beaulieu as having “anti-hunting” leanings. Beaulieu, in particular, was confirmed by the state Senate last year despite an unfavorable recommendation from the body. Appointed to represent the state’s 42 state parks and outdoor recreation, Beaulieu admitted she had never visited a state park outside the Denver metro area and had not even purchased a state parks pass.

At the time, state Sen. Dylan Roberts, D-Frisco, questioned in an interview with the Colorado Sun whether Beaulieu and another nominee who later withdrew were nominated “because they fit a certain ideology, not because they truly have the desire to serve.” He added, “It’s interesting to me that someone who has never owned a state parks pass and never visited a park outside of the immediate Denver area has a passion for state parks.”

The former commissioner who joined in writing the op-ed was James Pribyl. John Howard, who served on the CPW Commission from 2014 to 2020, told Colorado Politics after the piece was published, “There was a serious problem before I got on the commission, but commissioners cannot talk to each other unless it’s a social matter like dinner.” He added, “We cannot discuss these matters outside of a hearing after proper notice to the public. So, there’s no question in my mind that the two current commissioners violated that law.”

Howard asserted that “there’s no way to write a joint op-ed without exchanging emails or having phone calls, which violates the Colorado Open Meetings Law.” He pointed out, “This was a serious problem with the commission in the past, and strangely enough, Jim Pribyl was a party to it in the past.” He referenced a 2012 lawsuit filed against the CPW Commission (then the Colorado Parks and Outdoor Recreation Board) after Pribyl communicated with other commissioners outside of a public hearing. That case went to the Colorado Court of Appeals, and ultimately, the CPW Commission admitted to the violation and held a re-hearing to “cure” the violation. Because of this prior Open Meetings Law violation, Howard said Pribyl “should have known better.” He added, “I’m disappointed that Pribyl led these new commissioners down the wrong path.”

The lawsuit argued that CPW commissioners are prohibited by the state’s Open Meetings Law from discussing commission business outside of public meetings, particularly on matters before the commission. At the time, the commission was in the process of developing a mountain lion management plan for the Eastern Slope, which was adopted just a month after the op-ed was published. Commissioners had also received a warning a week before the op-ed appeared not to engage in discussions about commission business outside of public meetings.

During a discussion on wolves, CPW Commission Chair Dallas May stated, “What the general public needs to know, especially, is that we as commissioners never talk about this. We do not discuss this. The time you see us publicly, that’s when the commissioners discuss.”

The sportsmen’s groups stated that “instead of dragging this out and wasting time and resources, CPW made the right decision and settled.” The groups also pointed out numerous inaccuracies regarding state hunting regulations in the op-ed. According to a statement, the commissioners claimed that hunters can use drones, which is prohibited by commission regulations. They asserted that the success rate for mountain lion hunting is “100% guaranteed,” while the actual success rate is closer to 20%. They also claimed that wild cats are “not at all implicated in human conflicts,” despite numerous press releases on the Colorado Parks and Wildlife website to the contrary, including a 2023 mountain lion attack on a young girl in Greeley.

“Ironically, all of these false claims came as the commissioners simultaneously declared that they ‘must adhere to a higher standard of science, not just opinion or speculation,’” the groups added.

Michael Jean, the Sportsmen’s Alliance Foundation’s litigation counsel, said, “We filed this lawsuit to hold the commissioners accountable for violating the Open Meetings Law and for disseminating blatant falsehoods about state hunting regulations in a failed attempt to sway voters. This settlement achieves that accountability. And the commissioners will have no excuse for future violations.”

According to a statement, under the terms of the settlement, the commissioners must undergo training on “the requirements and best practices” of the Open Meetings Law, “including current case law regarding serial communications, also known as ‘daisy chains.’” Because the op-ed contained numerous factual errors, the commissioners will also receive training on “current Colorado law regarding the taking of mountain lions, bobcats, and lynx.”

A spokesperson for Colorado Parks and Wildlife stated after the op-ed was published that “CPW immediately began receiving public emails stating that Beaulieu and Murphy must have met privately to craft their joint op-ed in violation of the Open Meetings Law.” However, CPW spokesperson Travis Duncan asserted, “That never happened.” He cited statements made by Murphy and Beaulieu at a November CPW Commission meeting where they said “the op-ed was drafted by a third party, and the commissioners signed it individually without communicating with each other,” adding that this was not a violation of the law. Duncan said that after the state proved in the lawsuit that the commissioners had not communicated with each other, the plaintiffs decided to settle for a nominal fee of $2,332 to avoid further legal costs. Duncan did not comment on the state paying that amount or the other requirements of the settlement, such as the commissioners’ training on CPW policies or the state’s Open Meetings Law.

Laird Hamberlin, CEO of Safari Club International, said, “Our goal in filing the lawsuit was to ensure these commissioners uphold their legal obligations, including not disseminating false information to the public.”

Colorado Open Meetings Law: A law in Colorado requiring meetings of state government bodies and commissions to be open to the public, ensuring transparency in the decision-making process. Discussions on public matters by commissioners outside of official meetings can be a violation of this law. Serial Communications/Daisy Chains: A form of Open Meetings Law violation where commissioners exchange opinions and influence decision-making sequentially through emails, phone calls, or other means, rather than in a direct meeting. Proposition 127: A ballot measure in Colorado in 2024 that sought to ban the trophy hunting of mountain lions, bobcats, and lynx. It was supported by animal rights groups but rejected by voters. Colorado Parks and Wildlife Commission (CPW): The agency in Colorado responsible for wildlife conservation and management, as well as the operation of state parks. Commissioners are appointed by the governor and confirmed by the Senate. Trophy Hunting: The practice of hunting animals for the purpose of collecting or displaying specific parts, such as horns, fur, or teeth. Colorado law already prohibits this form of hunting. Lynx: A species of wild cat currently protected as endangered in Colorado, making them illegal to hunt. Sportsmen's Alliance Foundation & Safari Club International: Organizations that advocate for hunting and outdoor activities.

The settlement serves as an important reminder of the public role and responsibilities of Colorado Parks and Wildlife Commissioners. It is expected that commissioners will exercise greater caution in adhering to the Open Meetings Law and ensuring the accuracy of information they convey to the public in the future.