Elbert County commissioners approve motion to file joint court order to settle sheriff's office lawsuit

The Elbert County Board of County Commissioners voted April 24 to file a joint motion with counsel for the Elbert County Sheriff’s Office asking the Elbert County District Court to make a draft settlement agreement an order of the court in litigation identified as case number 2024CV3901.

The action followed an executive session in which the board met under Colorado law to receive legal advice and discuss negotiation strategy. The board cited Colorado Revised Statutes §24-6-402(4)(b) for the legal-advice portion of the session and §24-6-402(4)(c) for discussion of strategy and instructing negotiators. Commissioners voted unanimously to approve the public motion after returning from the executive session.

Commissioner Byron McDaniel, who identified himself as participating in the executive session, said, “The board took no formal action in contravention of section 24-6-402(4) of the Colorado revised statute and no adoption of any proposed policy position, resolution, rule, or regulation took place,” after the board reconvened at 3:08 p.m.

The board first opened the meeting at 1:30 p.m., completed a roll call and moved into executive session shortly afterward. The meeting record lists the participants in the executive session as Bart Grier, Sean Fletcher, Mike Buck, Dallas Schroeder, Byron McDaniel and Matthew Hagerty. The commissioners then returned to open session and the board chair asked for a motion regarding an “in principle agreement, non-final 0091,” asking the board to authorize filing a joint motion with the sheriff’s counsel to make that draft an order of court and settle the case. The motion was moved, seconded and carried by voice vote.

The transcript identifies the case number as 2024CV3901 and refers to the settlement document as “in principle agreement non final 0091.” The record does not list a named mover or seconder for either the motion to enter executive session or the later motion to authorize filing the joint motion. The roll call earlier in the meeting recorded Commissioner Mike Buck, Commissioner Dallas Schroeder and Commissioner Byron McDaniel as present; the public votes recorded were “all in favor, aye.”

After approving the motion to seek a court order, the commissioners adjourned the meeting at about 3:10 p.m.

No further details about the settlement terms, monetary amounts, or precise next court dates were provided on the public record.