Olathe board settles in Harold lawsuit

OLATHE  — The Olathe Town Board vs. John Harold lawsuit concluded Monday evening after the board approved a settlement agreement in a 4-2 vote at its regular board meeting.

On Aug. 22, 2007, a lawsuit was filed on behalf of Harold, an Olathe farmer, against the board regarding the Colorado Open Meetings Law. The suit alleges the appointments of trustees Linda Steele on Aug. 28, 2006 and Kelley Collins on May 18, 2007 were invalid because they were made through secret ballots. Neither member is currently on the board.

During the meeting, the board approved an agreement which includes paying Harold $22,000 for attorney fees.

The agreement was discussed by the board at its May 13 meeting. However, they did not make a decision because they wanted to discuss it further with an attorney.

If the board would have settled at that time, fees would have been slightly more than $21,000, Harold said.

Three members voted “yes” to the agreement; trustees Ted Jiron and Dan Kelso voted “no.” Trustee Michelle Mousner was not present to vote.

The board also approved a new town attorney and town clerk. They were sworn in by Olathe Mayor Don Perkins.

David Masters, of Masters Law Firm in Montrose, will serve as the town’s attorney. Masters has practiced law in Montrose since 1986 and said the Olathe position is a good opportunity to expand his business.

“I look at a town like Olathe as a corporate entity ... similar to a large nonprofit,” Masters said.

Though Masters has experience with real estate issues, employment laws and contracts, he said drafting ordinances will be slightly new. His only work in that area was assisting with drafting the Montrose Nonsmoking Ordinance.

New Town Clerk Martina Pena will begin her position Wednesday.

Over the past year, the board has seen several changes at the administration level. Former Town Clerk Cheryl Suppes resigned in April 2007, at which time Terri Foechterle became deputy clerk and assisted in the responsibilities until Trudi Kramer was hired as clerk in June 2007.

Pena, a Delta County resident, said she’s excited to be a part of the community she grew up in. She previously worked at the Mesa County Election Office.

Pena will work with Kramer, who is helping at the office until Foechterle returns next week, at which time Foechterle will help Pena learn her new position.

Perkins said Pena will also receive training from the Colorado Municipal League.

Contact Kati O’Hare via e-mail at katio@montrosepress.com