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
County settles public records lawsuit
Ouray County Administrator Connie Hunt
News
By Liz Teitz, on March 11, 2021
County settles public records lawsuit

Ouray County will pay $7,500 to settle a case involving a public records request from the Plaindealer, after filing suit against the newspaper’s co-publisher.

The county filed suit against Erin McIntyre after she requested disciplinary records involving the county’s emergency manager and health department director and offered a settlement agreement to pay her attorney’s fees and avoid going to court later this month.

District Court Judge D. Cory Jackson signed the dismissal order Tuesday.

In January, County Administrator Connie Hunt and County Attorney Carol Viner denied an open records request from McIntyre seeking Public Health Director Tanner Kingery’s and Emergency Manager Glenn Boyd’s disciplinary records. The county claimed they were private personnel records, and later provided redacted versions of work performance evaluations, but refused to release the disciplinary records.

After the Plaindealer retained Denver attorney Steve Zansberg and provided the county with a draft complaint challenging the denial, the county petitioned the court for a decision on whether they must be released, naming McIntyre as the defendant, and asked the court to determine if the employees’ privacy out-weighed the public interest of disclosure. Zansberg argued the records were public, and the personnel exemption under state law is construed narrowly and only includes personal, identifying information as courts have previously ruled.

The county’s suit was filed under a provision of the Colorado Open Records Act allowing a government records custodian to avoid paying court costs and attorney’s fees if they are unable to determine on their own whether the records should be released. 

CLICK HERE TO READ THE COUNTY’S COMPLAINT

Kingery and Boyd decided in February to release the records to the Plaindealer themselves, which showed Hunt disciplined them for working too many hours during the pandemic. At the end of December, they were instructed to “adhere to a 40-hour work week from this point forward for risk management purposes and for County liability purposes,” according to a performance improvement plan.

After the employees provided the documents to the paper, Viner told Zansberg the case was now moot, and that she would move to dismiss it.

But Zansberg argued that because Hunt, the county’s records custodian, did not release the records herself, the case was not moot, and also argued that the county should pay the paper’s attorney fees for responding to the county’s suit. Zansberg has also argued that the employees were not consulted about whether they objected to the release of the records before the county filed the lawsuit, which the county disputed. That was a key issue in a previous court ruling in Paonia in a similar fight for employee personnel records, in which the judge said the town hadn’t consulted with the employee before pursuing legal action and didn’t do its due diligence before the for a decision.

In court filings and emails, the county claimed that the attorney fees were the result of McIntyre’s “own negligence,” and disputed Zansberg’s hourly rate and time spent on the case. Viner called both unreasonable and initially presented a settlement offer with less than half of the total attorney’s fees, which McIntyre rejected.

CLICK HERE TO READ THE CORRESPONDENCE REJECTING THE INITIAL SETTLEMENT OFFER

Last week, the county offered a new settlement agreement to pay the full cost of the attorney’s fees but did not admit it violated the open records law in denying access to the records. McIntyre accepted the settlement. Viner filed a motion to dismiss the case, and the judge granted it.

The Board of County Commissioners met three times in executive sessions to discuss the case prior to the increased settlement offer.

Viner did not respond to a request for comment Wednesday. Zansberg, who previously urged the county to turn over the records to avoid paying court costs, said he hoped a lesson was learned and the county becomes more familiar with open records laws.

“It is a shame that the County Administrator and County Attorney subjected Ouray County’s treasury to a completely unnecessary loss of thousands of dollars, during a pandemic, by failing to know or reasonably investigate what the Open Records Act provides, and/or simply asking the two county employees involved if they objected to the release of those records. Hopefully, this is a lesson that county officials need only learn once,” he said.

CLICK HERE TO READ A COLUMN FROM MCINTYRE ABOUT THE RECORDS REQUEST

Want to support transparency and more local, home-grown journalism like this? Click here to make a tax-deductible donation to the Plaindealer through Report for America, a nonprofit program placing journalists like Liz Teitz in underserved areas. 

Ridgway girls run down state title
Main, News...
Ridgway girls run down state title
Young team blows past competition to hoist Class 2A cross country trophy
By By Matt Meyer Special to the Plaindealer 
November 5, 2025
There isn’t a perfect translation for “hill” in Chinese. That's something Natasha Hessler discovered when she arrived at the famous creek crossing during the Colorado State Cross Country Championship ...
this is a test
Underwood elected mayor
Main, News...
ELECTION 2025
Underwood elected mayor
Hart joins council, which needs to fill two spots
By Mike Wiggins mike@ouraynews.com 
November 5, 2025
Ouray City Councilor Michael Underwood won election to the mayor’s seat Tuesday night, succeeding on a campaign that emphasized fiscal conservatism and a vow to fix what he perceives as a disconnect b...
this is a test
News
Property tax hikes pass for cemetery, fire districts
By Lia Salvatierra lia@ouraynews.com 
November 5, 2025
Voters Tuesday night approved tax increases for the Cedar Hill Cemetery District and the Ouray Fire Protection District. A measure to increase the cemetery district’s mill levy from 0.33 mills to 1 mi...
this is a test
News
ELECTION 2025
Voters approve new county lodging tax
By Lia Salvatierra lia@ouraynews.com 
November 5, 2025
Voters in unincorporated Ouray County approved a new 6% lodging tax that is expected to provide more than $182,000 in additional funding during a tight 2026 budget year and into the future. The measur...
this is a test
News
ELECTION 2025
Fagrelius, Meruelo win school board seats
By Erin McIntyre erin@ouraynews.com 
November 5, 2025
Ouray voters have chosen two former educators to join the Ouray School Board, according to unofficial results from Tuesday’s election. Three candidates competed for two open seats on the school board,...
this is a test
News
Hurd introduces reservoir legislation
By Lia Salvatierra lia@ouraynews.com 
November 5, 2025
U.S. Rep. Jeff Hurd has introduced legislation to transfer ownership of Crystal Reservoir from the U.S. Forest Service to the city of Ouray, identical to a Senate bill introduced in September, after w...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
Letters, Opinion...
LETTERS TO THE EDITOR
County makes right call on prairie dogs
November 5, 2025
Dear Editor: I would like to offer a different perspective in support of the decision by the Ouray County Board of County Commissioners to proceed with management of the prairie dog colony at Top of t...
this is a test
Letters, Opinion...
LETTER TO THE EDITOR
A humble request for less puzzle pain
November 5, 2025
Dear Editor: Is it just me, or is the Plaindealer crossword puzzle often taking pleasure by inflicting pain on others (sadistic)? For example, here are some actual clues (and answers) from the Oct. 9 ...
this is a test
Letters, Opinion...
Citizens have benefited from Weiser’s record
November 5, 2025
Dear Editor: Attorney General Phil Weiser is running for governor of Colorado. As attorney general he has a proven record that has been advantageous to the citizens of Colorado. Recently President Don...
this is a test
As daylight dwindles, how can we curb energy use?
Columns, Opinion...
As daylight dwindles, how can we curb energy use?
By Karen Risch 
November 5, 2025
Ouray’s first frost occurred Oct. 17, three weeks after the average frost date, Sept. 26. It was a fitting end to a hot, droughty summer. Occasional downpours helped but were no substitute for a full ...
this is a test
News
Ouray utility bills to rise by 6%
Acting on public input, council ditches plan for new signs at Rotary Park, Hot Springs Pool entrance
By Mike Wiggins mike@ouraynews.com 
November 5, 2025
Ouray residents and business owners will see their utility bills rise by 6% next year, as the city seeks additional revenue to meet the requirements of the loans on its new wastewater and water treatm...
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