The city of Durango is disputing more than $21,000 in legal fees an attorney representing resident John Simpson claims are owed in an open records case he won against the city in February.
Following an executive session Tuesday, Durango City Council directed City Attorney Mark Morgan to enter into negotiations “specifically relating to the legal fees involved in that matter.”
Morgan said on Friday the city challenged Pagosa Springs attorney Matt Roane, who represents Simpson in the case, about the requested fees totaling $21,146.50. Roane and Simpson rejected the offer, though.
The city won’t owe Roane a dime if an appeal is successful, Morgan said, but Roane requested payment of his attorney fees before the city’s next day in court.
“We’re confident that we’re going to prevail in that appeal. But Roane is requesting the attorney’s fees (are paid) before the court hearing,” Morgan said.
He said a hearing strictly about the requested attorney’s fees is scheduled for Sept. 15 in La Plata County District Court. The goal was to reduce the city’s total fees owed if it is unsuccessful in an appeal, he said.
Suzanne Carlson, the 6th Judicial District Judge, ruled in February the city’s refusal to provide draft financial statements requested by Simpson did not carry weight and ordered the release of the documents, in addition to reimbursement to Roane for his legal services.
Simpson said in an email to The Durango Herald Friday that the city is questioning his legal fees, and the Sept. 15 hearing is to discuss the reasonableness of them.
“The (city) put forth an offer that did not involve providing the documents,” he said. “I declined their offer. The hearing is on for the 15th. If they would just provide the documents and pay my fees, this could end.”
A motion for costs and attorney’s fees filed in La Plata County District Court by Roane breaks down the costs and fees he is owed, assuming the city’s appeals are unsuccessful.
Court costs include a $235 docketing fee, $84 in filing fees, and $60 in service fees totaling $379, the court document says.
The document also breaks down Simpson’s “lodestar fees,” based on his attorney’s hourly rate for legal services at $325 per hour for a total of 63.9 hours, totaling $20,767.50.
The city filed a response to Simpson’s request for attorney’s fees in April that argues for a one-third reduction, totaling $13,913.89, in fees owed by the city based on the “unreasonable number of hours sought by Mr. Roane on behalf of his client.”
The response questions how Roane spent over 35 hours drafting pleadings and motions without including extended legal analysis or research in his initial complaint filed with the court, while the city spent 36 hours, or just over half of Roane’s total billed hours, altogether.
Roane filed a reply with the court 13 days later, saying the city’s response was an accusation of unprofessionalism.
“The accusation implies Mr. Roane either intentionally padded his time, or he possesses below average intelligence for a lawyer and took too long to accomplish the tasks at hand,” Roane’s reply says. “Either way, the objection is offensive and will be contested down to the last minute. Like pregnancy, a lawyer cannot stand to be a little unprofessional.”
He argues the city presented no factual evidence to back up its questioning of the hours he spent representing Simpson in the case.
Simpson defeated the city in the open records case in February after he was denied draft 2022 financial statements.
City Clerk Faye Harmer denied several requests from Simpson to provide the financial statements before Simpson took the matter to litigation.
The city argued in court the documents sought could cause “significant public harm” if released because they were work products that could be incomplete or contain errors, and thus are not subject to requests under the Colorado Open Records Act.
But Carlson, the overseeing judge, said the requested documents were not work products as far as CORA is concerned and are subject to records requests, while also acknowledging they may obtain incomplete or inaccurate information.
Morgan said in a follow-up text message on Friday if the ruling stands, it could jeopardize the city’s ability to recruit independent auditors in the private sector to review the city’s books.
“They will not subject themselves (certified public accountants in the private sector) to the public release of their draft work product,” he said. “The public is protected when we are able to hire private outside auditors to review our books. If the ruling stands that goes away.”
cburney@durangoherald.com
