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.

City takes plunge on hot springs repairs
Main, News...
City takes plunge on hot springs repairs
Council approves $286,568 contract to resurface, replace tiles in overlook pools in September
By Mike Wiggins mike@ouraynews.com 
April 22, 2026
The city of Ouray will spend more than $280,000 to resurface the hottest soaking areas at the Ouray Hot Springs Pool this fall, a repair pool managers say is vital to maintaining one of the city’s mos...
this is a test
County backs down on road closure
Main
County backs down on road closure
Rather than block access to upper Yankee Boy Basin, commissioners focus on managing, restoring
By Lia Salvatierra lia@ouraynews.com 
April 22, 2026
Ouray County has decided against closing the upper section of Yankee Boy Basin road to motorized traffic, and will work with the U.S. Forest Service and volunteer groups to keep drivers on the main ro...
this is a test
News
County leaders campaign for merger
Commissioner claims benefits to combined fire, EMS; Log Hill Fire District concerned about structure, cost
By Lia Salvatierra lia@ouraynews.com 
April 22, 2026
Ouray County leaders last week campaigned for a combined countywide fire and emergency services authority at a Log Hill Mesa Fire Protection District meeting, while the district’s board of directors a...
this is a test
News
City keeps status quo on Via Ferrata operations — for now
Climbing course to open soon under new municipal management, as users seek changes to guide fees, weight restrictions
By Mike Wiggins mike@ouraynews.com 
April 22, 2026
The Ouray Via Ferrata is scheduled to open May 1 under a new municipal management structure, even as city leaders and commercial guides debate whether to tweak key details like guide fees and weight r...
this is a test
News
Federal officer charged with assault over confrontation at Durango ICE protest
By By Chase Woodruff Colorado Newsline 
April 22, 2026
A U.S. Customs and Border Protection officer is facing charges of assault and criminal mischief in Colorado state court after an investigation into an October 2025 incident in Durango in which he seiz...
this is a test
Blue Lakes trail won’t require permit this year
News
Blue Lakes trail won’t require permit this year
No permits needed at Blue Lakes this year
By By Lia Salvatierra 
April 22, 2026
Hikers and campers won’t need a permit to hike the famed Blue Lakes trail until at least 2027, though there are other new rules for using the area this summer. The anticipated permit system was part o...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
News
Mine owners to address cleanup efforts at meeting
By LIA SALVATIERRA 
April 22, 2026
For the first time in eight years, the owner of the Idarado Mine is joining the Uncompahgre Watershed Partnership for a public update on its cleanup efforts in Ouray County. The “Local Water Quality &...
this is a test
News
4-H, fairgrounds to restart operations with new manager
April 22, 2026
Ouray County will restart events at the 4-H Event Center and Fairgrounds on May 1, now that it has hired a new manager for the facility. Operations at the facility have been largely on hold since mid-...
this is a test
News
Dry winter sparks more interest in cloud seeding
State weather modification program manager: Technology could be critical to boosting water supply
By By Ryan Spencer Vail Daily 
April 22, 2026
Colorado’s weather modification program is seeing an increased interest in cloud-seeding technology after the record-low snowpack this past winter. In the past couple of weeks, Weather Modification Pr...
this is a test
News
Town seeks millions in federal money for sewer plant
By Plaindealer Staff 
April 22, 2026
Ridgway is asking for $2.25 million in congressionally directed spending to rebuild part of its sewer plant to comply with state standards. The funding request, approved during an April 8 meeting, is ...
this is a test
News
Man arrested at Ridgway restaurant
By Plaindealer Staff 
April 22, 2026
A Montrose man was arrested Tuesday afternoon in Ridgway after the Montrose Police Department asked the Ridgway Marshal’s Office for assistance in detaining him. Vicente Gonzales, 33, was arrested by ...
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