Videos Login Subscribe Renew E-edition
logo
ePaper
coogle_play
app_store
  • News
  • Features
  • Opinion
    • Columns
    • Letters
  • Obituaries
  • Classifieds
    • Place a Classified
  • Advertise
  • Contact us
  • Legal Notices
    • Read Statewide Legal Notices
  • Archives
    • News
    • Features
    • Opinion
      • Columns
      • Letters
    • Obituaries
    • Classifieds
      • Place a Classified
    • Advertise
    • Contact us
    • Legal Notices
      • Read Statewide Legal Notices
    • Archives
Opinion
By Erin McIntyre, on February 10, 2021
Records request is about clearing up a blurry picture

In this business we ask a lot of questions.

It’s kind of our job.

Sometimes we ask questions that don’t lead to clear answers, and that means we keep digging. At first we might have a blurry idea of what might be happening, but as we learn more and verify what is true, that picture comes into focus.

I still have a somewhat blurry picture of what happened leading up to a bizarre meeting at the beginning of January, in which County Administrator Connie Hunt started a joint policy meeting with elected officials from the town, county and city by telling them she was curtailing the hours of the two people who have led the local response to COVID-19.

When pressed for more details, Hunt shut down the conversation by calling the situation “a county personnel issue.”

It’s odd to have a public official place an item on a meeting agenda, opening the door to talk about it, and then slamming the door shut on the subject as if to say there’s nothing to see here.

For more than 10 months, Health Department Director Tanner Kingery and Emergency Manager Glenn Boyd have worked tirelessly to negotiate uncertainty, navigate an ever-changing situation and respond to the pandemic.

When their supervisor, Hunt, told the group of officials from the city and town she was limiting their work and didn’t provide much in the way of details, it raised a red flag. Not so much about their conduct, but hers.

Kingery and Boyd had been asking for more help, pleading for more assistance for months, to no avail. In more than one public meeting, former County Commission Chairman Don Batchelder expressed concerns about county employees – including Boyd and Kingery working themselves to death or into an early retirement.

So it seemed strange to have Hunt bring up this personnel issue regarding these two employees who had, as Ridgway Mayor John Clark said in an earlier public meeting, been “working their frickin’ tails off.”

We weren’t the only ones asking questions.

When Ouray City Councilor Ethan Funk asked what would be removed from Boyd and Kingery’s workloads, Hunt replied nothing would be removed from their plates. She wasn’t curtailing their workload. Others asked how the important public health work they had been doing would get done.

Boyd and Kingery had regularly been working massive amounts of overtime since the pandemic began – as we confirmed by obtaining copies of their time sheets. They were involved in a personnel issue? Some kind of discipline, perhaps?

Why were these dedicated public employees who had been working so hard being sanctioned?

It didn’t make sense. And so we wanted to know more.

We used open-records laws to request any performance reviews or disciplinary reports involving Boyd and Kingery.

And that brings us to where we are now — involved in a lawsuit in which a judge will decide whether the public deserves to know what really happened.

The county first refused to release the records, and then asked a judge to determine whether the records cannot be released.

Upon learning of our draft complaint, which we shared with the county and planned on filing in court, the county decided to jump the gun and filed a “reverse” Colorado Open Records Act lawsuit against me, the requester of the documents.

There’s a provision in state law which allows government records custodians to initiate legal action against those who ask for records if they are unable, in good faith, to tell whether those records shouldn’t be released. Under CORA’s safe harbor clause, a requester cannot recover court costs and attorney fees even if a judge ultimately finds the records should have been released, but only if the judge finds the custodian truly couldn’t determine whether disclosure was prohibited.

However, if the government entity doesn’t do a thorough job of preparing for this “safe harbor” request to the judge, jumping the gun can backfire.

There is a significant body of case law supporting our argument.

A case involving the town of Paonia four years ago is one example. In Paonia v. Brunner, the town refused to release records about a public works employee, claiming they were part of his personnel file. The records included complaints the employee had filed about his supervisor retaliating against him. He had accused her of defamation, harassment and using threatening and intimidating tactics. The supervisor did not want those records released, though they weren’t her records – they were the employee’s. A former town trustee, Bill Brunner, filed the request and the town filed suit against him in an attempt to thwart his request.

The Town of Paonia didn’t bother to ask the public works employee if he minded having the records released – something Judge Steven Schultz ruled was “fatal” to its attempt to tell the court it could not, in good faith, determine whether they should be released. He said the town failed to “demonstrate it exercised reasonable diligence before resorting to litigation.”

The town was ordered to pay for attorney’s fees and court costs. You can read the ruling for yourself here, as well as our counterclaim and the complaint filed by the county in this case.

Let me be clear – this isn’t about Boyd and Kingery’s work performance. We all know how hard they’ve been working without sufficient support.

I don’t suspect Boyd or Kingery did something nefarious. We’ve been at all the public meetings, seen the circles under their eyes, and heard them ask for help. They’re not incompetent. We’ve all seen they work hard and care about the community.

This is about how the county has treated these employees. And that’s why we’re fighting to get those records released.

It just doesn’t add up. But we hope it will soon. In any case, we’d like to see what those records say.

Erin McIntyre is the co-publisher of the Ouray County Plaindealer. Email her at erin@ouraynews.com.

County: Layoffs likely
Main, News...
County: Layoffs likely
Commissioners, administrators warn of job cuts to close $1.5 million gap; staff criticizes leaders for not addressing problem earlier
By By James Hanlon james@ouraynews.com 
September 16, 2026
Ouray County will likely need to lay off employees to make up a projected $1.5 million gap between requested expenses and revenue next year, county officials warned at a budget workshop on Sept. 9. Th...
this is a test
Main, News...
Disaster tax not ‘backfill’ for fire costs, leaders say
By By Chart Riggall chart@ouraynews.com 
September 16, 2026
In the aftermath of President Donald Trump’s declaration of the Gold Mountain Fire as a major federal disaster, Ouray County commissioners say the potential influx of additional federal funds doesn't ...
this is a test
News
Town considers options for sewer plant location
By By James Hanlon james@ouraynews.com 
September 16, 2026
The Ridgway Town Council wants to see some dollar estimates before deciding where to build a new wastewater treatment plant. Town staff briefed the council on three possible locations north of town at...
this is a test
News
City prepared to pay fees for housing project
Despite some councilors' misgivings, Ouray in line to give more money to deed-restricted apartment complex
By Mike Wiggins mike@ouraynews.com 
September 16, 2026
The city of Ouray is set to provide up to $225,000 to a nonprofit organization to cover water and sewer tap and building permit fees for a 13-unit affordable housing project. At City Administrator Mic...
this is a test
News
Local Briefs
Gold Mountain Fire closure area reduced
September 16, 2026
The closure area associated with the Gold Mountain Fire was reduced on Tuesday, reopening several roads and recreation areas in time for fall color season. The reopened areas include Owl Creek Pass, S...
this is a test
Looking Back
News
Looking Back
September 16, 2026
Compiled from the files of The Ouray County Herald, The Ridgway Sun, and The Ouray County Plaindealer 60 Years Ago September 15, 1966 A Ouray County man, Rodney Adkins, accidentally shot himself while...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
Letters, Opinion...
With water shortage, recreation shouldn’t trump irrigators
September 16, 2026
Dear Editor: Regarding the Aspen Journalism article that published in the Sept. 10 edition of the Plaindealer, I would like to respond to statements made by RIGS Fly Shop & Guide Service owner Tim Pat...
this is a test
Letters, Opinion...
LETTERS TO THE EDITOR
Local agencies can do more to protect public lands
September 16, 2026
Dear Editor: The U.S. Department of Agriculture and the U.S. Forest Service are proposing two management changes with profound effects on our public lands throughout the West and in our local mountain...
this is a test
Good for you!
News
Good for you!
September 16, 2026
this is a test
Good for you!
News
Good for you!
September 16, 2026
this is a test
News
Send us your celebrations!
September 16, 2026
The “Good For You!” page is a place for reader-submitted photos illustrating community, celebrations and more. Want to submit a photo for publication? Here are some guidelines for submissions: - This ...
this is a test
Facebook

Remote-triggered avalanche in San Juan Mountains

First responders receive first COVID-19 vaccines

Ouray County Plaindealer
Office address:

195 S Lena St. Unit D
Ridgway, Colorado 81432
970-325-4412

Mailing address:
PO Box 529
Ridgway CO 81432

This site complies with ADA requirements

© 2023 Ouray County Plaindealer

  • Contact
  • Advertise
  • Accessibility Policy