Vail sues former Council member Greg Moffet
Counter complaint alleges Town Council violated open meetings law
The town of Vail is suing former Vail Town Council member Greg Moffet, alleging the town hasn’t been paid by Moffet’s firm, Tiga Advertising, which places advertisements on town buses and in parking facilities.
Moffet recently filed a counterclaim against the town, as well as all seven sitting members of the Vail Town Council. Council members have been personally served with those notices.
That counterclaim’s allegations include violation of the executive session elements of the Colorado Open Meetings law, claiming that council members “adopted positions and/or made actual decisions on behalf of the City of Vail in the course of closed-door discussion.”
That isn’t supposed to happen in executive sessions, which are reserved for topics including negotiations, legal matters and personnel issues. Decisions from those discussions must be made in open sessions.
The town in February filed suit against Tiga Advertising, and personally against Moffet, claiming Tiga was in arrears paying the town. The town is claiming damages in excess of $125,000.
The town and Tiga had a longstanding relationship. Moffet said the town was a client in 1994, when he purchased the company. The most recent contract was signed in 2014, a five-year pact that could be canceled by the town at any time.
The town and Tiga in 2019 agreed to a one-year extension to take the agreement through 2020. The town canceled that agreement in 2020, and in February selected Miles Partnership as the new contractor.
The town’s original claims include:
- Tiga was to pay the town an annual fee equal to either $72,000 per year or 55% of the firm’s gross revenue, whichever is greater.
- Tiga failed to make those required payments, or provide required financial disclosures to the town.
The suit alleges the town’s damages exceed $125,000.
Moffet’s reply denies many of the allegations, and also claims that Tiga was unable to pay the town, and that terminating the agreement, which the town did in 2020, would leave the company unable to pay the fees due to the town.
Moffet’s reply also claims the action against him and his company is politically motivated.
Moffet in 2019 was a vocal supporter of the Booth Heights housing proposal, and voted with the 4-3 majority that ultimately upheld a Vail Planning and Environmental Commission approval of that project.
The open meetings complaint alleges that the suit against Moffet and Tiga wasn’t mentioned in executive session agendas. Governments are legally required to publish the topics up for discussion during those closed-door sessions.
“We don’t know what went on behind those closed doors,” Moffet said.
Moffet — who served a pair of eight-year stints on the council, the most recent ending in 2019 — is also claiming that he was singled out by the town, particularly during the COVID-19 pandemic.
“The town was very busy trying to save local businesses, except this one,” Moffet said.
There haven’t been any settlement conferences yet, and there’s been no discovery at this point.
Moffet has requested a jury trial, and will seek attorney’s fees, as well as damages from the town and council members for “breaches and wrongful conduct.”