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.

Sex assault trial may be moved, delayed
Main, News...
Sex assault trial may be moved, delayed
By Mike Wiggins mike@ouraynews.com 
May 14, 2025
The trial of one of three men accused of sexually assaulting a 17-year-old girl in the former police chief's home could be postponed and moved out of Ouray County. Cindy Hyatt, one of the attorneys fo...
this is a test
Main, News...
Skimpy snowpack slipping away
Liquid content of snow in Gunnison River Basin among lowest since 1981
By Mike Wiggins mike@ouraynews.com 
May 14, 2025
The warning lights have been blinking for months. The city of Ouray postponed its annual Cabin Fever Day in mid-February for lack of snow on Lee’s Ski Hill, then moved the event to Fellin Park on Marc...
this is a test
News
County launches search for new manager
Commissioners to pay consultant more than $30K, aim for finalist interviews in September
By Deb Hurley Brobst Special to the Plaindealer Deb Hurley-Brobst is a longtime, award-winning journalist. She can be reached at deb.hurley.brobst@gmail.com. 
May 14, 2025
The search has begun to find a new manager after the Ouray County commissioners hired Peckham & McKenney to consult on the hiring process. The county will pay the company $30,500 plus about $2,500 for...
this is a test
Police: Axe-wielding woman destroyed bear statue
News
Police: Axe-wielding woman destroyed bear statue
By Mike Wiggins mike@ouraynews.com 
May 14, 2025
A Grand Junction woman was arrested over the weekend after she allegedly walked into Ouray Grocery, grabbed an axe inside the store and approached employees before leaving and using the axe to destroy...
this is a test
News
Power line work to delay Red Mountain traffic this summer
By Mike Wiggins mike@ouraynews.com 
May 14, 2025
Motorists navigating Red Mountain Pass should expect intermittent delays for the next several months as San Miguel Power Association enters the next phase of a multiyear project to rebuild its power l...
this is a test
News
County receives support from opioid settlement money
Funds to pay for substance abuse treatment, expand juvenile services
By Lia Salvatierra lia@ouraynews.com 
May 14, 2025
Newly awarded opioid settlement money will create a program to pay for substance abuse treatment and expand juvenile services in Ouray and San Miguel counties. The $385,000 in grant money came from $1...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
Meet your neighbor: Rob Rose
Feature
Meet your neighbor: Rob Rose
By By Chloe Kiparsky Plaindealer intern 
May 14, 2025
Editor's note: During focus group discussions we held earlier this year, to gather feedback for our upcoming redesign of the newspaper, we heard from some Plaindealer readers that they wanted to see m...
this is a test
News
NEWS BRIEFS
Fire contained on Log Hill, delays expected on U.S. 50
May 14, 2025
Fire contained on Log Hill A wildfire on Log Hill Mesa burned 2 acres before fire crews were able to contain it this week, putting out hot spots as high winds threatened to spread the flames. The Log ...
this is a test
News
County to hire own alpine rangers to patrol backcountry
In light of Forest Service firings, commissioners tell staff to find funding
By Lia Salvatierra lia@ouraynews.com 
May 14, 2025
Ouray County plans to fill gaps left by U.S. Forest Service firings earlier this year by creating its own alpine ranger program. During a May 7 work session, Ouray County Undersheriff Tammy Stroup ask...
this is a test
News
More fire, EMS merger details shared
By Lia Salvatierra lia@ouraynews.com 
May 14, 2025
Leaders of Ouray County’s fire and emergency services entities shared new details about their plan to consolidate into one county-wide emergency response unit during a meeting with county commissioner...
this is a test
Judith Skalla
Obituaries
Judith Skalla
May 14, 2025
May 11, 1939-April 27, 2025 On May 11, 1939, in the high mountain town of Telluride, Colorado, Judith Ann Oliver took her first breath. On April 27, 2025, she took her last, leaving this world quietly...
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