Commission approves request to retrieve files from Burkhart firm amid questions over Fishdam sale and county forest access

The Delta County Board of Commissioners voted to request six case files from the Burkhart law firm after commissioners expressed concern about missing or deleted records and possible effects on public access to county-owned forest land.

Commissioners said a county file labeled 2016301 (the Fishdam property sale) is listed as deleted in Burkhart’s inventory but shows a closing date within the six-year retention window, prompting calls for clarification. Commissioners also discussed a recent decision that they said removed or restricted a public vehicle access easement into the center of the county forest; one speaker said the public now must walk an extra 2.5 miles to reach the same area.

Commissioner Williams said the requested files could clarify whether the county gave away an easement or otherwise changed access rights. “It could potentially change the fact that we gave away an easement that we shouldn't have given away,” Williams said during the discussion.

During debate commissioners noted Burkhart charges a 20¢ per page copying fee and an hourly rate of $15 for clerical work; one commissioner offered to pay the copying cost. The board approved proceeding with the retrieval and copying of the requested items and asked staff to obtain the documents and report back.

Commissioners also discussed archival practices and why work product (attorney notes, invoices, communications) is not part of recorded deeds: recorded deeds capture title information, not underlying legal work product. The board directed staff to pursue the files and to return with the documents and any clarifying information about the Fishdam file and the county forest access question.