Three Elbert County Commissioners named in a lawsuit alleging they conducted official business outside of public purview have asked the court to dismiss the case that could hold them financially responsible for contracts they awarded.

In September, a group of Elbert County residents sued the board and commissioners Chris Richardson, Dallas Schroeder, and Grant Thayer in their official capacities after it was discovered they gave hefty employment contracts to County Manager Shawn Fletcher and longtime County Attorney Bart Greer.

The defendants, as stated in court documents filed on Friday, assert that two plaintiffs’ three claims are moot because the county approved the employment contracts in question at a special July 24 board meeting — although the county had already been paying out on them.

Locals suggest the special meeting move was more of a “rubber stamp” by the commissioners to cover the error.

Richardson, who serves as the board chair and is a Republican candidate for the Colorado House of Representatives seat to represent District 56, has publicly defended the board’s actions on several occasions, including an Oct. 16 town hall meeting at which he stated that the county’s responsibility was to “keep expenditures within appropriations.”

“Yes, there are line items for pay and benefits for individuals within all departments, but they aren’t appropriated down to a specific level,” he said.

The attorney for the plaintiffs — Jill Duvall, Jim Duvall, Christopher Hatton, Nic Meyer, and former Elbert County Commissioner Robert Rowland — Steven Zansberg, said in an email that his clients are committed to obtaining a favorable judgment on all three of their claims.

The motion to dismiss only addresses the plaintiffs’ third claim the commissioners broke the law, possibly positioning them to be responsible for any money obligated to contracts that exceed the county budget.

“We will respond…in opposition to the BOCC’s motion to dismiss the third claim,” said Zansberg. “Taxpaying citizens of Elbert County unquestionably have standing to ensure that the county’s funds are expended in conformity with a properly adopted budget (as guaranteed by state law), and to have the two contracts at issue declared null and void under Title 29 Article 1 section 110.”

The plaintiffs have asked that, should they prevail and the two employment contracts are voided, all three named defendants be required to reimburse the county treasury for any expenses they caused the county to incur beyond the approved budget.

That could be a big check to write.

Fletcher, who has been on the job for just over 18 months, received an $80,000 raise — bringing his annual salary to $220,000. He also gets a county vehicle, a $1,500 monthly housing allowance, and two additional weeks of vacation.

Greer, who has served for nearly seven years, also now earns $220,000, up from $145,500 in his January 2023 contract, with access to a county vehicle.

“Whether the matter will proceed to the courts is entirely up to the parties who brought the complaint,” Richardson said. “We are proceeding based on the complaint filed.”

Editor’s note: Steven Zansberg has represented Clarity Media, owner of The Denver Gazette, in legal cases over Colorado Open Records Act issues.