Waller’s Sunshine Scheme Falls Flat, but Cost Big Bucks

3 Mar

The Attorney General’s Sunshine Law lawsuit against Jefferson County councilwoman Renee Reuter, a stunt that appears to have been engineered by former county executive Ken Waller, has ended with a dismissal, meaning that Reuter has not been found to have done wrong. But Waller cost county taxpayers tens of thousands of dollars over (another) attack on his political enemies.

The suit began a year ago and alleged that Reuter told county council administrative assistant Pat Schlette to delete some emails containing legal invoices in violation of the Sunshine law. The legal invoices were for work to defend the council against frivolous lawsuits filed by, or joined by, Ken Waller, including the infamous politician pay raise lawsuit.

But the simple fact is that the documents were not destroyed and they were delivered to the requestor. How can you sue someone for a Sunshine violation under these circumstances? Even if the emails were removed from one person’s computer, anyone who uses email at work knows that deleting an email from your computer does not destroy it forever – it gets backed up in the system. Reuter did not want people going in and getting the legal bills off of the admin’s computer.

Initial Instigator

Documents reveal that the party that filed the initial sunshine request in July 2017 was an attorney from the Thurman Law Firm. A different attorney from this law firm, Derrick Good, is Waller’s #1 crony and is representing the politicians who brought the politician pay case. So this request was probably an attempt to acquire information to gain an advantage in that lawsuit, in conjunction with Waller’s strategy to prevent the council from spending money to defend against Waller’s lawsuits so he could win by default. It appears that this request might have been the inception of Waller’s ploy to claim that he didn’t have to pay the bills because the law firm started work before the council passed the necessary ordinances. The city had to get its own attorney because the county counselor at the time, Tony Dorsett, whose job it was to represent the entire county, was a stooge of Waller and was antagonistic to the council.

There was a question over whether the county had to release the detailed legal bills, or whether they were closed records. But in November 2017, the bills were released to Thurman Law Firm and others who later requested them (Erin Kasten and a Leader reporter).

Then, on December 15, 2017, Waller wrote a letter to JeffCo prosecutor Forrest Wegge in which he requested an investigation and prosecution of Reuter for destruction of public records. Waller admitted in the January 3 Leader that he also contacted the AG but that his request was denied. It is not clear if Waller contacted the AG separately, or if Wegge passed Waller’s letter up to him. Waller says he had nothing to do with the subsequent sunshine lawsuit by the AG, but the Sunshine lawsuit was filed just one month after Waller wrote to Wegge. So it seems highly likely that the letter from Waller led directly to the lawsuit.

Who Should Pay

An article in the February 28 Leader says that is is not clear who will pay Reuter’s legal bills, which are over $92,000 for this case. However, the council has shown that it wants to pay them with tax money. The council voted on December 28 to approve a resolution to direct the county to pay. New county executive Dennis Gannon says he has not taken a stand on the issue. Since the lawsuit was bogus and was instigated by Waller, I see no reason that Reuter should have to pay out of her own pocket to defend herself. We can’t allow people like Waller to go after the finances of their enemies.

Should the executive and council decide to pay the bills, watch to see if Waller tries to block it. As county clerk, he has a role in the county’s bill-paying process, so I can see him trying to interfere.

The ideal situation would be for Waller to pay for Reuter’s legal fees from his campaign finance account, from which Waller spent $144,000 in 2018 to win the election for county clerk. Right now he only has about $9,000 on hand, but I’m sure that account will be replenished quickly.

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