Eagle County taxpayer dollars were spent by the county attorney and others in his office on gifts for himself and a fellow employee, Christmas brownies for several law firms and office decorations, according to court records.
Questions about the propriety of the county officials’ credit-card purchases are contained in a motion to dismiss a felony theft case against Rikki Vigil, a former secretary for the Eagle County attorney.
Vigil is charged with spending more than $10,000 from May 2007 to March 2009 using a county credit card on an Internet psychic hotline and personal groceries and gas.
The expenses came to light during an audit in March, and County Attorney Bryan Treu reported Vigil to the Eagle Police Department.
Vigil’s motion to dismiss her case was filed in Eagle County Court on Thursday. Vigil also claims she is being singled out for prosecution because she is Latina.
“Obviously my client did some things that if she had an opportunity to turn back the clock she wouldn’t do,” said Vigil’s attorney Frank Moya. “But on the other hand, she was living in a climate where it seems to me folks are playing fast and loose with the county credit cards and that I think has a tendency to cause people to be a little more careless and little more stupid than they would be in a more careful environment.”
Moya questioned the need for county lawyers to expense meals at Denver and Vail restaurants such as Vesta Dipping Grill, Hapa Sushi and Sweet Basil.
“From the dates of May 2007 through January 2008, Mr. Treu charged more than $1,000 in meals on his county credit card,” the motion says.
Treu says the purchases outlined in the motion are legitimate business expenses and do not violate any laws or policies on use of the county’s credit cards.
“Our office is audited internally by the finance department and by outside auditors and no one is going to risk their law license for a free lunch,” Treu said.
The 5th Judicial District attorney’s office declined to comment on the motion. A prosecutor’s response to the defense motion is expected to be filed before Dec. 17, when the case is scheduled for a hearing.
Eagle County Commissioner Sara Fisher says the only purchases that concerned her are the ones made by Vigil.
“My heart broke when I heard of this poor choice,” Fisher said. “In an atmosphere where I can honestly say had been nothing but inclusive and supportive of Rikki.”
Fisher said she reviewed Vigil’s motion to dismiss and does not see any improper spending by Treu or his staff.
“Those are in my mind very understandable purchases . . . since the economy has gotten even tighter we have asked all departments to rethink those,” she said. “I think celebrating the birth of someone’s child in a five- or six-person department is not overstepping the boundaries.”
The documents say Treu purchased $400 worth of brownies and had them delivered to various law firms in December 2007 as Christmas presents.
Treu said the firms did “a lot of good work” for the county and he considers the gesture a business expense.
Christina Hooper, an assistant county lawyer, purchased $106 in flowers for Treu to celebrate the birth of his new baby, the documents say. Legal assistant Nancy Wright bought some flowers and a baby gift for another employee in September 2008 for $130, the records show.
Treu says he does not remember receiving a baby gift, but said the flowers and gifts do not amount to misuse of a county credit card.
Alex Potente, a former county lawyer now Eagle County director of housing and development, paid $458 with a county credit card to stay overnight at the Hyatt in Denver so he could take the bar exam, the motion says.
Receipts also show $782 was spent at Pier 1 Imports in February for office decorations, including a $229 willow tree, but Treu said the expenses are appropriate.
“Certainly in this economy we are cutting costs across the board,” he said. “All of that activity is going to cease in this economy.”
Felisa Cardona: 303-954-1219 or fcardona@denverpost.com
