Fruita City Council Minutes 1 June 2, 2026
FRUITA CITY COUNCIL & PLANNING COMMISSION JOINT WORKSHOP
JUNE 2, 2026
6:30 P.M.
CALL TO ORDER AND ROLL CALL
The workshop of the Fruita City Council was called to order at 6:33 p.m. by Mayor Matthew Breman.
City Council members in attendance were Jeannine Purser, Amy Miller, Todd Kumro, Rich Parrish.
Councilor Aaron Hancey excused absent.
City Staff present included City Manager Shannon Vassen, Management Analyst Kaydee Lucero, City
Attorney Mary Elizabeth Gieger, and Planning Director Henry Hemphill.
Planning Commissioners present included Thomas Wells, Jessica Ruffule, Jessica Hearns, and Michael
Handley.
AGENDA ITEMS
- CITY COUNCIL AND PLANNING COMMISSION MEETING (6:30 – 8:30 P.M.)
CIRSA Deputy Executive Director/General Counsel Sam Light kicked off the meeting my
introducing CIRSA and what they do as an entity. Mr. Light began by discussing what he described
as the unique dynamics of becoming a local public official. He explained that when someone takes
office they transition from being a citizen and perhaps a critic or advocate into a representative,
ambassador, and fiduciary of the City as an entity and of the public body upon which they serve.
He noted that this role does not end when the meeting adjourns, it is a 24/7 responsibility. Mr. Light
emphasized that holding public office is a public trust. Among the duties that flow from this role
are the duty of care, the duty of impartiality, the duty of accountability, and the duty to preserve
public trust in government. He talked about how conversations and deliberations should be
collective, but decisions should be unified.
Mr. Light reviewed Colorado’s Open Meetings Law and explained that it applies whenever three
or more members, or a quorum, whichever is less, gather to discuss public business. He noted that
a meeting under the law includes any gathering in person, by phone, or electronically, and that as
a result email and other electronic communications can raise issues. Mr. Light discussed Executive
Sessions and encouraged Council to be diligent about how they make the announcement. He told
Council to never be afraid to voice their thoughts.
Mayor Breman asked about the specifics of making decisions, Mr. Mr. Light responded that it is a
position, not a decision. The purpose of an Executive Session is to provide advice and inform
negotiations and strategies. Mr. Kumro asked about chance meetings, where members accidentally
bump into each other. Mr. Light said social gatherings and chance gatherings are not subject to the
meeting law, but officials need to be sure to not discuss public matters in those cases. Mr. Vassen
said that any time there is any chance two or more will be at a function, we publish it just in case.
Mr. Light told Council and Commission members to direct all City business to their City emails.
All written communication is subject to the Colorado Open Records Act, even emails from a
personal address or device. He gave a few examples of when CORA may affect officials.
Mr. Light also addressed the risks that come with social media use by public officials. He advised
officials to make sure personal accounts are clearly labeled as personal and to keep posts measured
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given the ongoing nature of their public role. He further advised that if an official is speaking on
social media in an official capacity, they should not delete posts or block individuals based on the
content or viewpoint of their speech. On social media, personal threats should be taken seriously
and be taken to the City Manager for their awareness.
Mr. Light explained that everyone within the City’s organization has a job description and that
honoring that job description is essential both to effective organizational performance and to
avoiding personal liability. Mr. Light explained that under the Colorado Governmental Immunity
Act and under Qualified Immunity, officials are protected from personal liability when acting
within their scope of employment and not engaging in willful and wanton conduct. He defined
willful and wanton conduct as conduct that is purposefully undertaken and calculated to cause
harm, in conscious disregard of the consequences or the rights and safety of others. He warned that
acting outside one’s SOE or engaging in willful and wanton conduct can result not only in the loss
of governmental immunity but also in the loss of public official liability insurance coverage.
He noted that Fruita operates under a Council-Manager form of government, which is the most
common form of municipal structure. Under this model, the City Council serves as the policy-
making and governing body while the City Manager serves as the Chief Administrative Officer
responsible for the day-to-day management of municipal operations. Mr. Light offered several
practical tips for supporting the organizational structure. He advised officials to work through their
Manager when they have questions or concerns about administrative matters rather than engaging
directly with staff, to be cautious about reacting to only one side of a story, and to resolve
disagreements at the governing body level.
Mr. Light directed officials to become familiar with the City’s Code of Ethics and other applicable
ethics laws. He walked through several key areas. On conflicts of interest, he said officials must
disclose the conflict, recuse themselves, and not attempt to influence other members. On gifts, he
advised officials to decline any gifts that appear connected to their service and to abide by
applicable gift rules. Mr. Light told the Council to avoid situations that may create an appearance
of impropriety, noting that in matters of ethics, perception and reality are often the same thing.
Beyond strict legal compliance, Mr. Light encouraged officials to commit to personal conduct that
strengthens the City Council or Commission as an institution. He acknowledged that this sometimes
setting aside a personal interest when there is not enough support for it, accepting that the body has
spoken even when one preferred a different outcome, respecting rules of procedure and norms of
conduct, and avoiding any perception of getting ahead of or speaking for the voice of the Council
before it has officially spoken.
Mr. Light explained that Council, and quite often the Planning Commission, makes decisions that
directly affect a specific applicant’s property rights in quasi-judicial proceedings. He gave land use
applications as a primary example. H said, members are essentially acting as judges and carry
heightened responsibilities to provide due process. A failure to do so exposes both the individual
official and the City to liability. Mr. Light explained ex parte and answered clarifying questions
about the rule. Mr. Light noted that in deliberations he recommends applying what he calls the
“Rule of Why,” always being able to articulate why a decision is supported by the applicable
standards and the evidence in the record.
Mr. Light closed by summarizing the key the principal areas of liability. These include civil rights
claims such as First Amendment, due process, and equal protection violations; employment
practices claims involving harassment, discrimination, or retaliation; alleged willful and wanton
conduct under state law; breach of ethics or fiduciary duty; conduct outside one’s municipal SOE;
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open meetings and open records law violations; challenges to quasi-judicial decisions; declaratory
or injunctive relief claims arising from Council action; contract and quasi-contract claims; and
takings and regulatory takings claims. He also noted that certain risks, particularly civil rights and
personal tort exposures, are made significantly worse by facts that suggest or are perceived as
retaliatory or malicious conduct. Finally, he went over the key takeaways from the presentation.
Mayor Breman asked about County-wide issues that may affect Fruita and how to navigate going
to those public meetings and speaking. Mr. Light said to emphasize that you are there to express a
personal opinion, though you still may be perceived as a public figure. Mr. Vassen noted that
Council is able to direct staff to submit letters on behalf of the Council to express an opinion.
2. ADJOURN
With no further business before the Council, the meeting was adjourned at 9:07 p.m.
Respectfully submitted,
Kaydee Lucero
Management Analyst