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. 

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, News...
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
Looking Back
News
Looking Back
By Compiled from the files of The Ouray County Herald, The Ridgway Sun, and The Ouray County Plaindealer 
April 22, 2026
60 Years Ago April 21, 1966 Doug Hatter, teenage son of Mr. and Mrs. Harry Hatter of Ridgway, rescued their pet dog "Docksie," who had become stuck in an overflow pipe at a siphon on Alkali Ditch on D...
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
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
News
No permits needed at Blue Lakes this year
No permits needed at Blue Lakes this year
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
News
Mine owners to address cleanup efforts at meeting
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
State GOP seeks order blocking unaffiliated voters from party’s 2026 primaries
By Jesse Paul The Colorado Sun 
April 22, 2026
The Colorado GOP on Monday asked a federal judge to block unaffiliated voters from participating in the party’s primaries this year, a request that threatens to upend the June 30 election with ballots...
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
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