Brandon Leuallen, The Business Times

Grand Junction City Council voted unanimously to approve an ordinance setting the salary for the city’s interim city attorney during its most recent regular meeting. The vote followed public debate over the transparency of the city attorney hiring process and criticism raised in a recent opinion column by former City Council member Dennis Simpson.

In a Jan. 21 opinion column in the Daily Sentinel titled “Council needs more transparency with attorney hiring process,” Simpson argued that City Council appeared to be moving toward appointing a new city attorney without sufficient public disclosure. He characterized the process as “rubber-stamping” a decision he said had already been made and pointed to a Nov. 5, 2025, executive session that he wrote was publicly framed as addressing the retirement of longtime City Attorney John Shaver but included discussion of appointing Assistant City Attorney Jeremiah Boies. The session occurred before Shaver formally announced his retirement in December 2025.

In the column, Simpson argued the structure of the interim contract suggested the appointment was intended to be permanent, citing it having no end date and language allowing Boies to revert to his prior role as assistant city attorney handling legal matters for the police department if dismissed without cause. Simpson wrote that because that position has since been filled, reinstating Boies could result in a legal challenge, which he argued was further evidence the appointment was not temporary.

Simpson also asserted the executive session agenda did not clearly disclose discussion of Boies’ appointment and argued the omission may have violated Colorado’s Open Meetings Law. The agenda for the special meeting listed the executive session as follows:

“EXECUTIVE SESSION TO DISCUSS PERSONNEL MATTERS UNDER AND PURSUANT TO SECTION 24-6-402(4)(f)(I) C.R.S. OF THE OPEN MEETINGS LAW RELATIVE TO THE CITY ATTORNEY. THE CITY ATTORNEY HAS NOT REQUESTED DISCUSSION IN OPEN SESSION.”

During public comment, Simpson reiterated those concerns, said he believed the law had been violated, questioned who would provide legal advice on open-meetings issues going forward, and criticized Boies for what he described as a lack of experience advising on open-meetings law. Simpson urged the council to begin the process of selecting a permanent city attorney.

Background on interim appointment

City Manager Mike Bennett said there are three positions that report directly to the city council: city manager; city attorney; and municipal court judge. Bennett said that in early 2025, while preparing for his departure, Shaver conducted a hiring process involving multiple applicants to fill a vacant assistant city attorney position.

Bennett said Boies, who was serving at the time as a senior staff attorney focused on public safety, was promoted by Shaver into the assistant city attorney role in spring 2025. Bennett said the assistant city attorney position is structured to allow continuity and may be appointed as interim city attorney during a vacancy. Bennett said appointing an interim city attorney was required to maintain city operations.

“As a city, we have to have somebody in the role of city attorney or an interim city attorney to cover our functions. We can’t take a break and not have that role, even in an interim capacity,” he said.

Bennett said that during the executive session referenced by Simpson, Shaver, not Boies, served as legal counsel. He said Shaver remained city attorney through the beginning of January and drafted the interim agreement, contract language and resolutions related to the interim appointment prior to his departure. Bennett also said he did not attend that executive session, which was held for council to meet with the city attorney regarding next steps related to Shaver’s retirement. 

Bennett said if Boies is not selected for, or chooses not to apply for, the permanent city attorney position, he would revert to his assistant city attorney role, not his earlier position with the police department, which already had been filled.

Discussion on process, executive sessions

Council member Scott Beilfuss questioned why the city used a different process to select an interim city attorney than it had used to select an interim city manager, which involved applications and interviews.

Council member Anna Stout said the city did not have a long lead time after Shaver announced his retirement and said it is normal to appoint a deputy or assistant to an interim position. She said the process for filling the permanent role can be discussed publicly at a future meeting.

Mayor Cody Kennedy asked Bennett to clarify what is permitted in executive session. Bennett said there are four statutory reasons a council may enter executive session, including personnel matters, but he emphasized executive sessions allow discussion only, not decisions.

“Those are discussions,” Bennett said. “There are not decisions made. That’s why there was a resolution for council to consider and debate in a public meeting.”

Bennett said the interim appointment and the ordinance setting the interim city attorney’s salary were considered and approved in regular public meetings.

Kennedy said council has not begun the permanent hiring process and emphasized the interim designation does not represent a final decision. He said appointing an interim city attorney allows council time to proceed deliberately and transparently without rushing a long-term appointment.