Chapter 6 - § 6.9 • ARBITRATIONS TO WHICH GOVERNMENTAL ENTITIES ARE A PARTY

• Jurisdiction: Colorado

§ 6.9 • ARBITRATIONS TO WHICH GOVERNMENTAL ENTITIES ARE A PARTY

Generally, state and federal governments may arbitrate disputes with persons and entities. This topic is covered in Chapter 22, "ADR in the State and Federal Governments, Agencies, and Subdivisions."

The question often arises as to whether political subdivisions can submit issues to binding arbitration. The quick answer is yes; however, the subject matter of such submissions in general is limited to issues and disputes that could be decided by a court. A governmental body may not delegate its legislative powers and duties to an arbitrator.

For example, the City and County of Denver has an arbitration-like procedure for resolution of disputes arising out of its contracts. Binding employee-grievance arbitration has been upheld as not being a delegation of legislative powers.¹²⁶

In public entity arbitrations, the arbitration and panel deliberation may be subject to Open Meeting Acts.¹²⁷

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Notes:

^[126] City & County of Denver v....