County attorney seeks to represent former deputy DA Michelle Sudano in federal suit; commissioners approve

The Boulder County Board of County Commissioners approved a legal representation agreement to allow the County Attorney’s Office to represent former assistant district attorney Michelle Sudano in a federal lawsuit identified in the meeting materials as Spinelli v. Byers et al (case number stated in the record).

Colin Mayberry, assistant Boulder County attorney, told commissioners that "based on our investigation of the complaint, we've determined that she was acting within the course and scope of her employment," and asked the board to authorize the county to move forward with representation. Commissioners asked no substantive follow-up questions and approved the representation by voice vote.

Mayberry said the complaint names Sudano in her individual capacity and that the allegation concerns conduct while she was a public employee in the district attorney’s office. The board’s decision authorizes the county to provide legal defense under the county’s representation policy as Mayberry presented it.

The board recorded no objections during the motion to approve. Commissioners did not discuss indemnification language, cost estimates for outside counsel, or a timetable for the county’s engagement during the public exchange recorded at the meeting.

The authorization will be formalized in a legal representation agreement, which the county attorney’s office will file and execute according to county procedures.