Commissioners direct staff to draft county governance code after review of independent workplace investigation

The Ouray County Board of County Commissioners on Jan. 7, 2025 agreed to direct staff to draft a commissioner code of conduct and related governance rules after reviewing an independent investigative report into a formal workplace complaint.

The action followed presentation of the report from Employers Council and a public discussion in which county employees who participated in the investigation said they were willing for the discussion to be held in open session. County Manager Connie Hunt summarized the process that led to the outside investigation and told the board she and HR and legal staff had engaged Employers Council because the complaint was lodged against an elected official.

Why it matters: Commissioners said the goal is to reduce future workplace friction, protect employees, and provide clear expectations for elected officials so staff can carry out county business without partisan or interpersonal interference.

Board members and staff emphasized two immediate priorities: protecting employees from retaliation for participating in the investigation and producing a written set of rules that clarifies how commissioners interact with staff and with one another. County Attorney Leo Caselli and outside counsel Chris McEnany framed the issue as one of policy and governance rather than a quasi-judicial hearing.

Commissioners, county manager and legal counsel described the investigation as complete and available to the board. Connie Hunt said the county followed its personnel policy steps after an employee filed a written complaint on Aug. 29, 2024, and that the report from Employers Council was delivered to the county on Jan. 7, 2025. Caselli reminded the board that the county’s anti-retaliation policy prohibits any retaliation against employees who filed complaints or assisted in the investigation.

Employees who took part in the investigation spoke in public. Road and Bridge Superintendent Ty Barger told the board, “I do consent to an open session.” HR Director Sherry Peck said she “consent[s] to an open session” and asked the board to stop employees being belittled. Emergency Manager Glenn Boyd said he had answered investigator questions in confidence but would agree to public discussion now that contents were in the record.

Commissioner statements were conciliatory and forward-looking. One commissioner said she did not want to “punish” anyone but wanted a governance document so commissioners “govern at that sort of higher level and let our staff do their jobs.” Another commissioner said she would work on her communication skills after reviewing the report and apologized to staff and to the employee who filed the complaint.

Board decision and next steps: The board indicated unanimous consensus to direct staff—legal counsel and administration working together—to draft a governance policy/code of conduct for commissioners, with regular consideration of employee protections and anti-retaliation provisions. County staff said they will prepare draft language and return it for discussion at a work session; outside counsel offered to provide legal review and sample language from other jurisdictions.

The board did not reopen or relitigate the underlying investigative findings in public, and legal counsel advised the body that an adjudicatory hearing (with witness examinations) was not required by statute for this policy decision. The manager and counsel said the draft document will be iterative and that the board will have an opportunity to provide edits in a work session.

Public comment during the meeting included requests that the board move beyond interpersonal disputes and focus on community priorities; speakers asked for protection of vulnerable residents and for better communication from county government.

The board asked staff to prioritize the draft governance policy and schedule a work session to consider it in February 2025.