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Ouray County commissioners decline request to reimburse commissioner’s private legal bills
Summary
After a four-hour public discussion, the Board of County Commissioners voted 2–0 (one recusal) not to approve payment of private attorney invoices submitted on behalf of Commissioner Padgett for counsel retained during an internal personnel complaint and investigation.
The Ouray County Board of County Commissioners voted 2–0 on April 22 not to pay attorney fees submitted on behalf of Commissioner Lynn Padgett for counsel she retained during an internal personnel complaint and investigation; Padgett recused herself from the vote.
The decision followed a lengthy public discussion during which outside counsel for Padgett, attorney Roger Segal, outlined why Padgett sought indemnity and why she had retained private counsel after being informed in October that a workplace complaint had been filed and was under investigation. County Attorney Leo Casselli advised the board that payment would require an exception to county procurement rules and that the board must find a public benefit before authorizing payment.
Segal told the board he believed the county’s handling of the complaint and the timing of notice to his client left Padgett with a reasonable concern of legal jeopardy and a need to hire counsel. Casselli said the county had followed a process and that statutory and insurance limits constrained what the county’s insurer would provide absent a formal claim or lawsuit.
Public comment was strongly divided. Supporters of Padgett urged the county to reimburse the legal bills to restore trust and reduce ongoing tension; others argued that policies and procurement statutes were not followed, expressed concern about the appearance of conflicts and possible campaign-related expenses in the invoices, and urged caution about using public funds for private legal bills.
After discussion, Commissioners Michelle Nauer and Jake Leese voted against paying the requested invoices; Commissioner Padgett recused herself before the vote. The board directed County staff to notify counsel for Padgett of the decision and to respond to the invoice submitted to the county.
The board did not adopt any additional measures or commitments during the meeting. Casselli said any future request for payment would have to come back to the board and meet procurement and public-benefit tests before county legal budgets would be adjusted.
The decision ends this item on the board’s agenda; stakeholders and members of the public, some of whom addressed the board at length, left the meeting with differing views about whether county procedures and communications during the investigation were appropriate.
