The Offensive and Likely Unenforceable Machinations of Authoritarian Control
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.
Consider this: “WHEREAS, the County desires to protect its Confidential Information from unauthorized disclosure or use, in consideration of employee’s termination on ____, 2026 and the Recipient agrees to such protections as a condition of continued employment of thirty days
(30) should the employee disclose this agreement or the terms and condition in this agreement, the employee shall be subject to reimbursement to the County three times (3) the amount of pay, the employee shall also pay attorney fees and court costs;”
What on earth does that mean? Is this saying that, one by one, county employees will march into the County Manager’s office and be presented with a document noting their termination date? But if the employee signs the document, they’ll be employed for 30 more days? And if the employee discloses the terms and conditions of the document (it’s already been disclosed by publication in the agenda), they’ll be required to pay the county an amount equal to three times their salary and pick up attorney and court fees?
What in hell does this mean? If the employee signs and is employed for 30 more days, what then? And if they sign the document but disclose its contents, will they end up in a courtroom? Paying the county 3 times their salary? Paying court costs and attorney fees? And what specifically is meant by 3 times their salary? A year, a month, a week.
Listen, there’s no judge I know of who will not be curious about the actual damages to the county from the disclosure of the document’s terms and conditions, and who will not argue that equity is not well served by the outrageous penalty to the employee anticipated in this document. And what penalty will the county suffer if they are not successful in court?
This is outrageously punitive, and I’d bet a judge would agree with me. Its unconscionability is irredeemable.
Consider this: “WHEREAS, this Agreement is unilateral and imposes obligations solely on the Recipient to favor the County’s interests, with no reciprocal confidentiality obligations on the County.”
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.
Consider this: “Definition of Confidential Information
“Confidential Information” means any and all information, data, documents, materials, or knowledge disclosed by the County to the Recipient, whether orally, in writing, electronically, or otherwise, that is not generally known to the public and that relates to the County’s operations, including but not limited to: trade secrets; technical data such as processes, techniques, and research; business plans, strategies, financial information, budgets, revenues, expenses, and pricing; personnel records; customer, supplier, or vendor lists; legal matters; county policies, procedures, and internal communications; and any other proprietary information designated as confidential by the County. Confidential Information includes information of third parties that the County is obligated to protect. The County shall mark written or tangible Confidential Information as “Confidential” where practicable, but failure to do so does not waive protection if the Recipient knows or should know it is confidential.”
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?”
Consider this: “Remedies for Breach
The Recipient acknowledges that any breach or threatened breach of this Agreement will cause irreparable harm to the County, for which monetary damages alone may be inadequate. Accordingly, the County shall be entitled to seek immediate injunctive relief, specific performance, or other equitable remedies in addition to any legal remedies available, without the need to post a bond or prove actual damages. The Recipient shall also reimburse the County for all costs and attorneys’ fees incurred in enforcing this Agreement. It shall be presumed that a breach results in irreparable harm to the County.”
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.
