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. 

Popular trail needs new steward
Main, News...
Popular trail needs new steward
Uncompahgre Riverway Trail founder, longtime volunteer ready to step down
By James Hanlon 
September 23, 2026
Chip Marlow, the man who spearheaded the construction of the Uncompahgre Riverway Trail from Ridgway to Ridgway State Park, has maintained the multiuse path largely by himself for many years. Now 80 y...
this is a test
Main, News...
‘Super El Niño’ won’t be savior for West Slope
Officials: Warming Pacific temps may bring more snow but won't wipe out drought or fill reservoirs
By Chart Riggall 
September 23, 2026
GRAND JUNCTION — Amid a stream of bad news for Western Slope water stakeholders last week, Russ Schumacher had the pleasure of opening the sluice. Nearly on the far side of the state’s worst drought y...
this is a test
Judge to hotel: End workforce housing
Main, News...
Judge to hotel: End workforce housing
Injunction prohibits MTN Lodge from housing resort construction workers
By James Hanlon 
September 23, 2026
A district court judge has ordered Ridgway's largest hotel to stop housing construction workers who are building a new Four Seasons in Mountain Village. In a preliminary injunction filed Sept. 16, the...
this is a test
Investigators close case on mine shaft death
Main, News...
Investigators close case on mine shaft death
Nearly a year later, authorities conclude Ridgway resident Jennifer Nelson accidentally drowned
By Erin McIntyre erin@ouraynews.com 
September 23, 2026
Eleven months after rescue volunteers found Jennifer Nelson's body in a water-filled mine shaft on Red Mountain Pass, investigators are left wondering what her final moments looked like. Their case, w...
this is a test
City ready to cut losses with building
News
City ready to cut losses with building
More than a year after purchase, council tells staff to sell empty Sixth Avenue property for reduced price
By Mike Wiggins mike@ouraynews.com 
September 23, 2026
When the two-story building across the street from Ouray City Hall went up for sale last spring, Ouray city leaders scrambled to buy it, envisioning a top-tobottom renovation culminating in a new, lar...
this is a test
News
Board recommends denial of Pleasant Valley subdivision for teacher housing donation
By James Hanlon 
September 23, 2026
An attempted act of generosity began to fall apart when the Ouray County Planning Commission recommended Ouray County commissioners deny a request to subdivide a parcel of land in Pleasant Valley that...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
News
Ouray to evaluate cost of fixing bathhouse
Contractor will be paid $85K to assess facility condition
By Mike Wiggins mike@ouraynews.com 
September 23, 2026
The city of Ouray will spend up to $85,000 to evaluate the condition of the Ouray Hot Springs Pool bathhouse and determine what it would cost to remodel the facility. A divided Ouray City Council info...
this is a test
News
County widens search for more disaster aid
Feds den y grant request to protect public infrastructure
By Chart Riggall 
September 23, 2026
Ouray County officials must renew their search for additional disaster aid after the federal government dashed their hopes for another significant potential funding source this week. Despite previousl...
this is a test
Letters, Opinion...
LETTERS TO THE EDITOR
With inflated spending, commissioners break faith of voters, staff
By J Gary Dunn 
September 23, 2026
Dear Editor: It is not surprising that Ouray County finds itself in a financial bind because of profligate spending. The pandemic greatly increased visitation to Ouray County and sales tax revenue has...
this is a test
Letters, Opinion...
Areas beyond Blue Lakes deserving of protection
By Kim Shinew 
September 23, 2026
Dear Editor: I would like to thank the previous contributors for sharing their thoughts regarding the use of off-road/off-highway vehicles (ORVs/OHVs) in the backcountry, specifically around Camp Bird...
this is a test
Looking Back
Feature
Looking Back
September 23, 2026
Compiled from the files of The Ouray County Herald, The Ridgway Sun, and The Ouray County Plaindealer 60 Years Ago September 22, 1966 Lady Bird, the tiny mule colt foaled by a Shetland pony, is dead, ...
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