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. 

Sex assault trial may be moved, delayed
Main, News...
Sex assault trial may be moved, delayed
By Mike Wiggins mike@ouraynews.com 
May 14, 2025
The trial of one of three men accused of sexually assaulting a 17-year-old girl in the former police chief's home could be postponed and moved out of Ouray County. Cindy Hyatt, one of the attorneys fo...
this is a test
Main, News...
Skimpy snowpack slipping away
Liquid content of snow in Gunnison River Basin among lowest since 1981
By Mike Wiggins mike@ouraynews.com 
May 14, 2025
The warning lights have been blinking for months. The city of Ouray postponed its annual Cabin Fever Day in mid-February for lack of snow on Lee’s Ski Hill, then moved the event to Fellin Park on Marc...
this is a test
News
County launches search for new manager
Commissioners to pay consultant more than $30K, aim for finalist interviews in September
By Deb Hurley Brobst Special to the Plaindealer Deb Hurley-Brobst is a longtime, award-winning journalist. She can be reached at deb.hurley.brobst@gmail.com. 
May 14, 2025
The search has begun to find a new manager after the Ouray County commissioners hired Peckham & McKenney to consult on the hiring process. The county will pay the company $30,500 plus about $2,500 for...
this is a test
Police: Axe-wielding woman destroyed bear statue
News
Police: Axe-wielding woman destroyed bear statue
By Mike Wiggins mike@ouraynews.com 
May 14, 2025
A Grand Junction woman was arrested over the weekend after she allegedly walked into Ouray Grocery, grabbed an axe inside the store and approached employees before leaving and using the axe to destroy...
this is a test
News
Power line work to delay Red Mountain traffic this summer
By Mike Wiggins mike@ouraynews.com 
May 14, 2025
Motorists navigating Red Mountain Pass should expect intermittent delays for the next several months as San Miguel Power Association enters the next phase of a multiyear project to rebuild its power l...
this is a test
News
County receives support from opioid settlement money
Funds to pay for substance abuse treatment, expand juvenile services
By Lia Salvatierra lia@ouraynews.com 
May 14, 2025
Newly awarded opioid settlement money will create a program to pay for substance abuse treatment and expand juvenile services in Ouray and San Miguel counties. The $385,000 in grant money came from $1...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
Meet your neighbor: Rob Rose
Feature
Meet your neighbor: Rob Rose
By By Chloe Kiparsky Plaindealer intern 
May 14, 2025
Editor's note: During focus group discussions we held earlier this year, to gather feedback for our upcoming redesign of the newspaper, we heard from some Plaindealer readers that they wanted to see m...
this is a test
News
NEWS BRIEFS
Fire contained on Log Hill, delays expected on U.S. 50
May 14, 2025
Fire contained on Log Hill A wildfire on Log Hill Mesa burned 2 acres before fire crews were able to contain it this week, putting out hot spots as high winds threatened to spread the flames. The Log ...
this is a test
News
County to hire own alpine rangers to patrol backcountry
In light of Forest Service firings, commissioners tell staff to find funding
By Lia Salvatierra lia@ouraynews.com 
May 14, 2025
Ouray County plans to fill gaps left by U.S. Forest Service firings earlier this year by creating its own alpine ranger program. During a May 7 work session, Ouray County Undersheriff Tammy Stroup ask...
this is a test
News
More fire, EMS merger details shared
By Lia Salvatierra lia@ouraynews.com 
May 14, 2025
Leaders of Ouray County’s fire and emergency services entities shared new details about their plan to consolidate into one county-wide emergency response unit during a meeting with county commissioner...
this is a test
Judith Skalla
Obituaries
Judith Skalla
May 14, 2025
May 11, 1939-April 27, 2025 On May 11, 1939, in the high mountain town of Telluride, Colorado, Judith Ann Oliver took her first breath. On April 27, 2025, she took her last, leaving this world quietly...
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