The report exonerating county manager/county attorney Rob Morton of allegations of unethical behavior was released Friday by the county. It was prepared by attorney Dana K. Maine of the the firm Freeman, Mathis & Gary.
The report addresses the merits of complaints filed by Dana Welch, Natasha Duggan and Todd Smith. Those complaints centered around matters relating to Watering Hole Pass, Watering Hole Drive and adjoining properties.
The newly-deemed baseless charges brought by the trio were trumpeted on social media to a wide audience. They alleged Morton gave special treatment to some citizens and used improper influence. They also argued Morton had a conflict of interest.
Maine notes the county’s understanding that Watering Hole Pass is not a public road over the dam and never has been.
“The county was put on notice that it may be liable for damage to the outlet pipe on the damn if the county permits cars and trucks to leave the public road, cross the dam and reach the adjoining public road,” Maine wrote. Thus signage and other obstacles placed on the road diverting traffic ‘would be consistent with a public safety and risk management response rather than evidence of special treatment’ the attorney continued.
Regarding allegations of conflict of interest with regard to Bridle Lake brought by Smith, the report notes Morton, in his private practice, handled the purchase of land and the formation of Bridle Lake Ownership, LLC. in 2022.. Morton remains the registered agent of Bridle Lake.
It is noted that Morton did not have a county e-mail until he because manager. As county attorney, he used his business e-mail. Maine found no wrongdoing there.
Smith’s allegations “do not make out an ethics complaint based on current financial interest, compensation tied to County action, personal gain or misuse of office for private advantage”, Maine added.
In its overall assessment, the report notes residents communicated concerns about Watering Hole Pass to county personnel who responded and considered various options regarding the roadway and access issues. It also reiterates Watering Hole Pass is not a public road.
“The request for increased signage and a barricade were treated as citizen requests for County consideration,” Maine wrote.
In conclusion the report finds the allegations made by Welch, Duggan and Smith “rest on conclusory accusations, legal conclusions, historical professional relationships and dissatisfaction with County actions rather than evidence of personal gain, preferential treatment for private benefit, a current disqualifying conflict, contemporaneous dual representation, knowing misrepresentation, disclosure of legally confidential information or interference with the ethics process”.
NOTE: Morton is now transitioning out of the county manager role but will remain county attorney. The county is actively seeking candidates for the county manager job.
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