Non-Disclosure Agreement for Park County Employees

Tomorrow, April 14, 2026, at 1:00 p.m., the Park County Board of Commissioners will likely approve an egregious, probably unenforceable non-disclosure agreement for county employees. The agenda and Zoom link for that meeting are here.

The document is below.

If an NDA is a contract between the county and the employee, there are three components which legally must be met: Offer, acceptance, and consideration. These are the equitable parts of a contract. A meeting of the minds must prevail.

This abhorrent language states that the county will not respect the employee’s confidentiality. It provides no end to the mischief the county could subject the employee to.

Confidential information includes county policies and procedures, business plans, strategies, and information relevant to county operations. Aren’t those the things citizens are rightfully privy to? What, then, is not confidential? Who will decide what’s confidential? The County Manager and his assistant? And, more importantly, where does this document specifically provide language protecting the public’s interest in discovering what a whistleblower discovers in the course of their employment? Where are exceptions made that comport with state statute and federal law with regard to whistleblowers? And where in the document are exceptions related to the revisions to Title 24 of the Colorado State Statutes promulgated by SB 23-053, “Restrict Governmental Nondisclosure Agreements?”

A threatened breach will cause irreparable harm to the county? No need to prove actual damages? If an employee explains to a citizen the policy and procedures for building a structure on their property (remember, the definition in this document treats county policies and procedures as confidential information), does the county suffer irreparable harm? Give me an effing break!

This NDA is crap, apparently cut and pasted together by someone whose intent is to absolutely control the county’s employees, to have them under his thumb with the threat of termination if they do not toe his line. If any legal mind reviewed this document, that will give you some idea of the quality, or lack thereof, of legal expertise the county depends on. This NDA leaves the door wide open for the County Manager, his minion, or any of the commissioners to call anything under the sun confidential. This document is not ready for prime time, and it only reflects the despicable effort by some–you know who they are–to absolutely control county employees, and, in the process, deny the citizens of Park County insight into what the hell the county is up to; knowledge that we, the people, deserve to know.

PS: You might also want to view the BOCC work session tomorrow, which contains this agenda item: REVIEW OF PARK COUNTY RESOLUTION ESTABLISHING POLICY FOR THE RETENTION AND DESTRUCTION OF EXECUTIVE SESSION RECORDINGS.

Oh, what mischief are they up to now? The meeting will begin at 9 a.m., and the agenda and Zoom link are here.

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