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. 

State to reduce highway speeds near Ridgway
Main, News...
HIGHWAY 550 SAFETY
State to reduce highway speeds near Ridgway
By Lia Salvatierra lia@ouraynews.com 
November 26, 2025
The Colorado Department of Transportation plans to lower the speed limit for traffic along a half-mile stretch of U.S. Highway 550 north of Ridgway, near a section of road where the highest number of ...
this is a test
Main, News...
OURAY'S 2026 BUDGET
City trims jobs, capital expenses
By Mike Wiggins mike@ouraynews.com 
November 26, 2025
A cautious Ouray City Council approved a $16.8 million budget for 2026 on Tuesday, leaving a handful of vacant jobs unfilled and slashing capital projects in anticipation of a potential economic downt...
this is a test
News
Schools adopt frameworks for AI tools
By Lia Salvatierra lia@ouraynews.com 
November 26, 2025
Both Ridgway Secondary School and the Ouray School District have adopted guidelines for students to use artificial intelligence, joining the first wave of schools in the state to do so. Lining classro...
this is a test
News
As scams climb, experts offer insight on how to avoid them
Local bank, police officials: Fraud attempts growing in sophistication
By Mike Wiggins mike@ouraynews.com 
November 26, 2025
Anyone can become the victim of fraud. In Ouray County, one person lost $17,000 after being coerced into setting up a series of bank transfers. Property owners were duped by a home builder who created...
this is a test
News
CORRECTION
November 26, 2025
An article on Page 6 of the Nov. 20-26 edition incorrectly reported the Ridgway Town Council's votes on a new anti-idling ordinance. The ordinance was approved 5-1, with Councilor Michelle Montague vo...
this is a test
Feature
SEASON OF SHARING
Ouray County Peacejam
November 26, 2025
Editor's note: The Ouray County Plaindealer is continuing its tradition of featuring nonprofit organizations based in Ouray County, serving Ouray County in a series of profiles called Season of Sharin...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
News
Housing report: Few first-time buyers can afford average-priced homes in Ouray County
100% of Ridgway homes out of affordable price range
By Lia Salvatierra lia@ouraynews.com 
November 26, 2025
An estimated 100% of potential firsttime homebuyers in Ridgway and 93% of those in Ouray County cannot afford to buy an average-priced home. Those are among the most striking findings in a housing nee...
this is a test
In San Juans, a case of winter whiplash
Columns, Opinion...
In San Juans, a case of winter whiplash
By Karen Risch 
November 26, 2025
Ouray finally woke up to its first measurable snowfall Monday, Nov. 24. While waiting for the magic of winter’s arrival, late or not, I found myself wondering: Would this 2025-2026 season’s first meas...
this is a test
Weehawken Creative Arts
Feature
SEASON OF SHARING
Weehawken Creative Arts
November 26, 2025
Editor's note: The Ouray County Plaindealer is continuing its tradition of featuring nonprofit organizations based in Ouray County, serving Ouray County in a series of profiles called Season of Sharin...
this is a test
News
Ridgway predicts revenue drop, approves draft budget
Town expects to exceed $5M in general fund spending, dip into reserves
By By Erin McIntyre and Lia Salvatierra erin@ouraynews.com lia@ouraynews.com 
November 26, 2025
Ridgway plans to spend more than $5 million from its general fund in 2026, while at the same time town leaders are predicting a drop in revenue. The town will need to draw on its reserves to balance t...
this is a test
A passion that’s choc-full of potential
Feature
A passion that’s choc-full of potential
After bouncing around rental kitchens, entrepreneur ramps up Gus Chocolate from new off-grid home
By Lia Salvatierra lia@ouraynews.com 
November 26, 2025
Past a gate, at the end of a dirt road on Log Hill Mesa, is an Ouray County-style Willy Wonka factory. From his off-grid home, Nathan Montgomery churns small batches of chocolate, entirely powered 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