The Colorado Court of Appeals rejected a former Douglas County commissioner’s bid for reimbursement of attorney fees she incurred while responding to multiple investigations into her conduct.

The dispute stemmed from a 2019 anonymous letter sent to county officials alleging mismanagement and other problems within the Douglas County Sheriff’s Office. Three years later, then Commissioner Lora Thomas was accused of publicly disclosing information from the letter while supporting her campaign for Douglas County sheriff, according to court documents. 

A majority of the county board directed the county attorney to investigate whether Thomas had improperly disclosed the information and whether any laws had been violated.

The attorney concluded Thomas appeared to have disclosed information from the anonymous letter but likely had not violated any state law, according to court records. 

The controversy escalated when Thomas later released a redacted version of the outside counsel’s report to the media over the objections of the county’s other commissioners. That decision prompted two additional inquiries.

One investigation by the county attorney examined whether Thomas could face criminal liability for releasing potentially privileged or confidential information. The county attorney concluded that Colorado law does not specifically criminalize the disclosure of confidential documents, although certain official misconduct statutes could potentially apply.

Separately, the Arapahoe County Sheriff’s Office investigated whether probable cause existed to charge Thomas with first-degree official misconduct. Investigators ultimately determined there was insufficient evidence to support criminal charges, and no charges were ever filed.

During the investigations, Thomas retained private legal counsel. Court records show she did not seek prior authorization from the board before hiring an attorney and did not notify fellow commissioners that she had done so.

After the investigations concluded without charges, Thomas sought reimbursement from the county for $5,715 in legal expenses. The board rejected the request, prompting her lawsuit, which a court rejected. 

Thomas appealed that decision. 

The panel noted that Thomas was never named as a defendant in a lawsuit, no tort claim was filed against her and no one sought damages or other legal relief from her. Instead, the investigations focused on possible criminal misconduct rather than civil liability.

The decision leaves intact the district court’s rulings.