During a regular meeting held by the Archuleta County Board of County Commissioners (BoCC) on Tuesday, April 15, the BoCC unanimously approved the selection of Martha Whitmore as the preferred candidate for the county attorney position.
The BoCC had originally noticed an executive session during the regular meeting before addressing its final two matters under new business: appointment of an interim county attorney and selection of a new county attorney.
However, the BoCC decided to move forward with each matter in the public session, foregoing the option to enter an executive session before making a decision.
Commissioner Veronica Medina explained that the matter of appointing an interim county attorney was discussed earlier in the day during a work session and that the commissioners had received feedback from the other county electeds with their preferences.
“I feel like this is something that we can do in public if you so choose, or I can call an executive session,” Medina said.
Commissioners Warren Brown and John Ranson stated they were comfortable with addressing the matters in the public session.
Prior to selecting a new county attorney, the BoCC unanimously approved entering into an agreement with Lance Ingalls of the law firm Icenogle Seaver Pogue to serve as an interim county attorney.
The matter was discussed during the work session earlier in the day, when Medina explained the county had received two letters of interest with different proposed rates for service.
Medina also explained that one of those letters was from Michelle Magruder with RWO Law, who the county currently has on retainer, adding that Magruder has helped the county in the past with employment and real estate matters.
The other offer was from Ingalls.
Brown explained that he knew this matter was coming up and reached out to Icenogle Seaver Pogue and was connected with Ingalls.
“I want more than just one choice, honestly,” Brown said, explaining that he was concerned with Magruder’s current retainer billing by the hour.
“We can spend a lot of money in a hurry was my big concern,” he said, adding that he didn’t want to be billed each time a commissioner may need to ask a question.
Brown then explained that Ingalls has 19 years of experience serving as the county attorney for Douglas County, noting, “he has a very in-depth knowledge of issues that come before counties.”
Brown indicated that he had asked Ingalls for a “flat fee rate” which would provide the county with a “known cost.”
He then mentioned that the proposed rate includes an estimated 20 hours per week at a rate of $125 per hour, which Brown described as “incredibly reasonable.”
Brown explained the estimated weekly hours was based on the BoCC recently having weekly work sessions lasting three hours and biweekly meetings lasting two hours, plus time required for Ingalls to research topics.
Brown acknowledged the county’s other option with Magruder, but stated that he would “feel more free in asking questions” with Ingalls, and that this “may be the more cost-effective route.”
Ranson indicated that he was “comfortable” with either option for an interim county attorney, noting he would want to know a procedure in which the commissioners would communicate with the attorney in order to “monitor” the county’s bill.
Ranson also alluded to the possibility of the BoCC making a decision on selecting a new county attorney later in the day during the regular meeting.
“We don’t know quite yet what today brings,” he said, “this may be resolved before the day’s out.”
Medina indicated that Magruder’s proposal included fees of $390 per hour for RWO partners, $295 per hour for associates and $175 per hour for paralegal services.
“Yes, there’s definitely a cost difference,” Medina said, explaining that she would “lean” toward appointing Magruder due to her familiarity with the county, but also stated she understood her fellow commissioner’s points.
During the regular meeting that afternoon, Medina briefly reviewed the two options for appointing an interim county attorney, noting again that she would be comfortable with appointing Magruder while also mentioning that she would be happy with either choice.
Ranson stated that he thinks “highly” of Magruder, noting she helped the county in December 2024, while also noting that Ingalls has experience with county governments and provides a lower rate.
“I’m hoping this is gonna be very temporary,” he added.
Brown commented that Ingalls offers a “plug-and-play” scenario, given his experience serving as a county attorney.
Brown’s motion to appoint Ingalls as the interim county attorney was unanimously approved.
Medina then moved on to the matter of selecting a county attorney, explaining the county interviewed two applicants “that really fit our qualifications.”
Those two applicants were Whitmore and Cathleen Giovanni.
Brown commented that both applicants were “incredibly experienced,” while noting that between the two, “Whitmore stood out” and would offer another “plug-and-play” scenario, given her background in county government and experience of personnel management “and how to build a team.”
According to Whitmore’s resume, she currently serves as the county attorney for Montrose County, a position she has held for the past seven years.
Whitmore’s resume also shows that she has practiced law in Colorado since 1978, “primarily in water rights, environmental permitting and compliance, and land use.”
Additionally, her resume explains that she served as the county attorney for Ouray County from 2012 to 2017.
Ranson agreed with Brown’s comments, adding that both candidates were “really good.”
He also explained that he had heard from several constituents who indicated that the county “would be lucky to have Marti [Whitmore].”
Medina also agreed with her fellow commissioners that the county had two “great” applicants, while adding that the county would be “hands down, way ahead of the game” with selecting Whitmore.
Ranson motioned to select Whitmore as the preferred candidate while also motioning to instruct Medina to serve as the negotiator for an employment contract.
That motion was unanimously approved by the BoCC.
Also during the meeting, the BoCC unanimously approved formally adopting a new pay range for the county attorney position, which is now listed at $138,881.60 to $185,693.04.
Before approving the matter, Brown commented that while he does not like the high price of gasoline, he is willing to pay it.
He added, “but that’s the price that it takes to keep me moving and this is the price it costs to compete for a competent and … accessible counsel.”
Ranson agreed with Brown’s comments, adding, “you get what you pay for.”
Medina also stated, “This is definitely something that needed to be done.”
clayton@pagosasun.com
