Court Upholds Colorado Fire Chief’s Termination

A lawsuit filed by a Colorado fire chief who was terminated by a newly elected district board has been dismissed by the US District Court for the District of Colorado.  Fire Chief Erik Holt claimed the Florissant Fire Protection District fired him in 2023 in retaliation for his exercise of his First Amendment rights.

Chief Holt’s original complaint included additional counts of an Americans with Disabilities Act violation and common law wrongful termination, but those counts were dispensed with in earlier proceedings. The current decision focused on whether Chief Holt’s cooperation with an investigation into an election violation led to his termination, and if so, whether it violated his First Amendment Rights.

As explained by the court:

• During Mr. Holt’s tenure, he was the only full-time employee at FFPD, and managed the closed-circuit security system, which was operated by a third-party vendor.
• On May 2, 2023, an election was held for the FFPD Board, which resulted in the election of five non-incumbent candidates.
• On that day, Mr. Holt was acting in his capacity as Fire Chief during then election, which took place at Fire Station 1.
• On May 15, 2023, Starla Thompson, the incumbent FFPD President, filed a Complaint of Election Violations in Teller County District Court, alleging election fraud against the non-incumbent candidates and election workers.
• Mr. Holt was contacted by an investigator from the Teller County District Attorney’s Office, Clint Cramer, who requested that Mr. Holt provide the footage of the election recorded on the FFPD’s closed-circuit security system.
• On either May 19 or 20, 2023, Plaintiff met with Mr. Cramer and provided him with the surveillance video from the fire station from the day of the election.
• Mr. Holt also provided oral statements in response to Mr. Cramer’s questions about the video, including “[h]ow far do you think these people were from this position?” and questions of that sort.
• Mr. Holt did not tell the newly elected Board members that he had participated in the criminal investigation.
• Mr. Holt did not consider himself part of Ms. Thompson’s Complaint of Election Violations.
• On June 27, 2023, the Teller County District Court dismissed Ms. Thompson’s Complaint of Election Violations with prejudice.
• “[A] public employee does not relinquish First Amendment rights to comment on matters of public interest by virtue of government employment.”
• “Rather, the First Amendment protects a public employee’s right, in certain circumstances, to speak as a citizen addressing matters of public concern.”
• “However, the interests of public employees in commenting on matters of public concern must be balanced with the employer’s interests ‘in promoting the efficiency of the public services it performs through its employees.'”
• It is well-settled that a public employer cannot retaliate against an employee for exercising his constitutional right to free speech.
• Defendant contends that “Plaintiff’s speech consisted of providing the fire station’s surveillance video footage to the DA investigator upon being asked to do so, and answering some questions about the footage.”
• FFPD then argues that Mr. Holt turned over the video footage and answered the investigator’s questions “because of his position as Fire Chief,” and that he “would be expected to comply with law enforcement requests for information.”  
• Mr. Holt disagrees, arguing that his speech was outside his ordinary duties as FFPD Fire Chief because he was, “first and foremost, a firefighter” in the Florissant Fire Protection District.
• When public employees speak pursuant to their official duties, they are not speaking as citizens for First Amendment purposes and therefore, the Constitution does not constitutionally insulate their communications.
• Based on his own testimony, it is undisputed that Mr. Holt acted in his capacity as Fire Chief during the election.
• After the May 2 election, Mr. Cramer requested that Mr. Holt provide the footage of the election recorded on the FFPD’s closed-circuit security system.
• Plaintiff met with Mr. Cramer and provided him with the surveillance video from the fire station from the day of the election.
• Mr. Holt also answered Mr. Cramer’s questions about the video.
• Based on the totality of the facts and circumstances surrounding Mr. Holt’s communications with Mr. Cramer and his duties as the Fire Chief for FFPD, even viewing the record in the light most favorable to Mr. Holt, this Court concludes that Mr. Holt’s speech was part of the tasks he was employed to perform, and he spoke not as a citizen, but as a public employee.
• It is instructive that one of the job responsibilities of the Fire Chief of the FFPD to lead, manage, and administer all Fire Department operations.
• It is in that capacity that he managed, and acted as the custodian of, the closed-circuit security system that yielded the video sought by the Teller County District Attorney’s investigator, and answered the factual questions posed by Mr. Cramer.
• The Court, having found that Mr. Holt’s conversations with Mr. Cramer were made pursuant to his official duties, will grant the Motion for Summary Judgment in favor of Defendant Florissant Fire Protection District and against Plaintiff Erik Holt on the sole remaining First Amendment retaliation claim.

Here is a copy of the decision: