The district road board may replace attorney Elaine Coates as legal counsel in an effort to resolve questions of conflict of interest revolving around her other role as Grand County attorney.
In action led by its two newest members, the Grand County Special Service Road District board voted unanimously Monday to consider hiring a new attorney to put to rest the question of which government entity Coates would "look out for first" in case of conflict between the two.The board also unanimously recommended Felix D'Amico to fill a vacancy on the five-member board. A retired road construction engineer who moved to Moab from California two years ago, D'Amico was one of two applicants for a four-year seat vacated earlier this month by Dutch Zimmerman, who resigned.
Grand County commissioners will consider the appointment at their next meeting Nov. 13.
Suzanne Mayberry, a new board member, initiated the discussion and made the motion to resolve the issue of apparent conflict of interest between the roles Coates maintains as road district attorney and county attorney.
Mayberry said the board should consider retaining a different attorney because there are questions about "the appropriateness of her representing the county and representing the road district."
"I think it's something needed," she said. "I think we can pave the way to having . . . things more pleasant for ourselves and fend off attacks of conflict of interest by having a new attorney for the board."
Kent Dalton, also new to the board, quickly seconded the motion. He said he is concerned about having to bring in an attorney unfamiliar with the district to handle cases in which Coates would be representing the county's side.
"When her loyalty is with the county, where does that leave us?" Dalton asked.
The other two board members present said they had talked with Coates about similar concerns. Ollie Knutson said there have been "repercussions" from the time she was first hired last fall, but the district did not have much choice because so few attorneys live in Moab.
"She's done a real good job for the board. If it wasn't for this conflict of interest, I have no complaints," Knutson said.
Jimmie Walker, district administrator and former county commissioner, said Coates had been involved from the start in meetings that led to the formation of the road district. He said her familiarity with the legislation and cooperation with the board are among reasons the board has kept her on.
County Commission Chairman Merv Lawton told the board he has become uncomfortable with Coates' road district role.
Lawton had recently expressed uneasiness over a situation in which commissioners said they asked Coates to prepare a proposal for a special service water district in the Crescent Junction area.
Commissioners have yet to see that proposal. Meanwhile, Coates presented a different proposal she prepared on behalf of an out-of-town client who she said had hired her as a private attorney to do the work.