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. 

News
Woman sentenced to probation in retaliation case
By Mike Wiggins 
May 8, 2026
A former Ouray woman was ordered Thursday to spend two years on probation for retaliating against a woman who accused her son of sexual assault in 2023. Kristyn Trujillo must also perform 96 hours of ...
this is a test
Beetle Mania
Main, News...
Beetle Mania
Drought conditions prime for insect infestation in county, experts warn
By LIA SALVATIERRA 
May 6, 2026
In some parts of Ouray County it may look like popcorn grows on trees. The milky, honey-colored pocks on the trunks of ponderosa pines and other trees signal efforts to fend off their attackers: bark ...
this is a test
Main
Wildfire building rules trigger mix of compliance, skepticism
By By Mike Wiggins, Lia Salvatierra and Erin McIntyre lia@ouraynews.com mike@ouraynews.com erin@ouraynews.com 
May 6, 2026
A state mandate requiring local governments to adopt stricter building rules to protect new and remodeled homes against wildfire has sparked varying reactions from elected officials in Ouray County. T...
this is a test
News
County policy would govern AI use
Manager: 'Folks want to feel we are doing our jobs, not delegating it to AI'
By Deb Hurley Brobst Special to the Plaindealer 
May 6, 2026
Ouray County commissioners want to regulate how employees use artificial intelligence when doing county work and limit cybercrime risk. Commissioners on April 29 looked at the first draft of an AI pol...
this is a test
News
Town to pilot zero-waste rules at concerts
Following strong pushback from businesses, nonprofits, board devises more relaxed regulations
By Lia Salvatierra lia@ouraynews.com 
May 6, 2026
The town of Ridgway's Sustainability Advisory Board will pilot “zero-waste” rules at the town’s summer concert series, while it continues to craft a broader policy to implement for all events on town ...
this is a test
News
Governor Basin cleanup project faces delays
By Lia Salvatierra lia@ouraynews.com 
May 6, 2026
A collaborative restoration project to clean up mine waste in Governor Basin dating back to 2018 remains on hold, while project partners continue to work out final agreements and how the project will ...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
Looking Back
News
Looking Back
May 6, 2026
Compiled from the files of The Ouray County Herald, The Ridgway Sun, and The Ouray County Plaindealer 60 Years Ago May 5, 1966 At Monday’s meeting of the Ouray City Council, Julius Sonza was hired as ...
this is a test
News
County to tighten rules for agriculture exemption permits
By Deb Hurley Brobst Special to the Plaindealer 
May 6, 2026
The rules will be tightened for those wanting to obtain Ouray County’s agriculture exemption permits. Ouray County commissioners authorized the Land Use and Planning Department to add three requiremen...
this is a test
News
City to examine pool house funding options
By Mike Wiggins 
May 6, 2026
The city of Ouray is taking the first step toward potentially drumming up funding to repair or replace the bathhouse at the Ouray Hot Springs Pool. The city council on Monday unanimously signed off on...
this is a test
News
City retains employment law attorney
By Mike Wiggins 
May 6, 2026
The Ouray City Council unanimously agreed Monday to retain an attorney who specializes in employment law. The city is enlisting the services of Denver law firm Ruegsegger Simons & Stern, LLC to provid...
this is a test
News
Commissioners: Serious about not overspending
By Deb Hurley Brobst Special to the Plaindealer 
May 6, 2026
Ouray County commissioners are serious about ensuring county departments don’t overspend this year. They spent 90 minutes on April 29 reviewing the types of budget spreadsheets they can access to help...
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