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People v. Grant David Van Der Jagt
In November 2022, the town of Monument, Colorado, voted to adopt a home rule charter. During the lead-up to the election, concerns arose about whether the town could properly reimburse election expenses incurred by a group advocating for the charter.
In December 2022, the Monument Town Council met to discuss whether to pursue an investigation, and a majority of the council members authorized it. Several council members whose terms were set to expire at the end of 2022 asked Grant David Van Der Jagt to conduct the investigation.
At their request, he submitted a resume, a draft fee agreement and an engagement letter. On Dec. 16, 2022, the council voted to hire Van Der Jagt. The mayor and the then-town manager immediately signed his engagement letter.
Though Van Der Jagt believed he was being retained as an investigator for some select council members, he conceded he should have memorialized in an amended engagement agreement who his client was and the specific scope of his services. His failure to do so resulted in imprecision about who was retaining him and about the scope of his investigation.
In late December 2022, Van Der Jagt investigated the expenses issue and discovered information about the conduct of government officials that concerned him as a citizen. The report he drafted was marked as privileged, confidential and an attorney-client communication, and it cautioned recipients not to publish or disseminate publicly.
Before the council could meet to review and discuss the report, a council member sent a copy to members of the media. The council then waived any privilege or confidentiality restrictions attached to the report.
The Presiding Disciplinary Judge approved the parties’ stipulation to discipline and publicly censured Van Der Jagt, effective Nov. 26, 2024.