El Paso County officials might be planning a 2009 ballot measure and went behind closed doors Monday to discuss legal issues surrounding a measure.

County commissioners met in closed session “for the purpose of receiving legal advice on specific legal questions related to legal issues associated with a ballot question that may be proposed in 2009,” the agenda stated.

Voters soundly defeated the county’s request for a 1 percent sales tax hike Nov. 4.

While commissioners haven’t publicly discussed a modified measure next year, on election night Commissioner Jim Bensberg said the county might consider placing a question on the city of Colorado Springs’ April ballot.

The day after the ballot measure was defeated, County Attorney Bill Louis said he was looking into whether the county could legally hop on the city’s ballot.

“My office is looking into the legal issues associated with whether a statutory county like El Paso County has authority to place tax increase questions on a ballot other than a November ballot,” he wrote in an e-mail. “I cannot comment on those legal issues until I have had an opportunity to fully advise my client (the commission), and then I may only comment with the permission of my client.”

The Taxpayer’s Bill of Rights confines state and county ballot measures to the November election.

Public records expert Steve Zansberg, a Denver attorney, said the closed session was legal, because the open meetings law allows government boards to receive legal advice on any issue, “no matter how public or nonconfidential it is.”

Commissioners took no action but gave the legal staff direction, county spokesman Dave Rose said.

Closed executive sessions are also allowed for discussion of security arrangements, property transactions, to determine positions for negotiations and personnel matters.

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Contact the writer: 636-0238 or pam.zubeck@gazettedev.gazette.com

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