El Paso County this week agreed to pay $188,500 to settle a federal lawsuit claiming Sheriff Bill Elder retaliated against two former sheriff’s employees after they reported a supervisor for sexual harassment.

County commissioners voted 4-1 to approve the agreement, with Commissioner Longinos Gonzalez opposed. Commissioners did not discuss the settlement.

A November 2018 claim filed in U.S. District Court in Denver by former sheriff’s Sgt. Keith Duda and his daughter, Caitlyn Duda, who worked as a jail guard at the time, alleged Elder targeted them with retaliation after they lodged a complaint in November 2016 after hearing allegations that former Lt. Bill Huffor sexually harassed a female deputy.  

Federal suit alleges workplace retaliation under El Paso County Sheriff Bill Elder

Both Dudas and Elder in court documents agreed Huffor “engaged in conduct unbecoming” of a sheriff’s employee.

Months later, the lawsuit claimed, Huffor retaliated against Caitlyn Duda by initiating “unwarranted” disciplinary action against her for using profanity toward an inmate. The office placed her on a 120-day probation for the incident, though she believed the sheriff had never disciplined other employees for similar conduct, the lawsuit said. 

When Caitlyn Duda then filed a complaint alleging retaliation, the Sheriff’s Office denied her father a promotion, the lawsuit said. Keith Duda and another sergeant had applied in mid-2017 for an open vice and narcotics unit position. The lawsuit alleges that within hours of Caitlyn Duda contacting Human Resources about filing her retaliation complaint, a commander told Keith Duda interviews for the position were cancelled and another applicant would receive the job.

Keith Duda also alleged when Elder ran for reelection in 2018, Huffor harassed him for supporting Mike Angley, Elder’s opponent for the Republican nomination in the GOP primary election.

Elder claimed in court documents Duda campaigned for Angley while on duty. Duda denied the allegation, saying he used personal time to support Angley’s candidacy and claiming “informants” in the Sheriff’s Office, including Huffor, reported his and others’ political activity to Elder.

The El Paso County Attorney’s Office hired workplace investigation firm Employment Matters, LLC to determine whether Keith Duda engaged in political activity while on duty, Colorado Politics previously reported. The investigation found insufficient evidence to prove some allegations but deemed it probable Duda offered to arrange a meeting between Angley and another sergeant while on duty.

Keith Duda claimed in the lawsuit he was ultimately fired for supporting Angley and for an interview with a local newspaper about discrimination and political retribution within the Sheriff’s Office.

In November 2020, a lower court allowed the Dudas’ claims to proceed to trial. Elder then appealed the decision to the U.S. Court of Appeals for the 10th Circuit. A three-judge appellate panel last July deemed the allegations against Elder demonstrated a constitutional violation.

Judge allows political retaliation lawsuit against El Paso County sheriff to proceed

In the panel’s July 27, 2021, opinion, Judge Scott M. Matheson Jr. wrote Elder “allowed his supporters to engage in political speech on his behalf while on duty, but he punished Mr. Duda for supporting a political rival. Rather than apply a speech-restriction policy neutrally, Sheriff Elder engaged in viewpoint discrimination, which violates the core of the First Amendment.”

Elder claimed Keith Duda talked to a sergeant on duty about the election and spoke negatively about the  Sheriff’s Office administration, Colorado Politics previously reported.

In the summer of 2018, Elder sent an “expectations memo” to the law enforcement agency’s command staff. In it, Elder wrote, “You are not free to start rumors, engage in sidebar or closed door discussions, or become outwardly critical of me or ANY member of the staff.” (The emphasis is in the original memo.) 

“You are a member of my staff? You owe institutional loyalty,” the memo continued. “If you can’t handle that expectation, if your heart is not in the requirements of this job, if your head is not behind me, it is time for you to step down or maybe even step out. Leave with your integrity intact.”

El Paso sheriff did not act reasonably in firing employee who supported political rival, court decides

The panel determined Elder’s termination of Keith Duda was not reasonably related to fears of workplace disruption. His firing was related to his views, not his conduct, the panel ruled, because other employees who spoke about the sheriff’s race on the job were not terminated. 

Attorneys for both Dudas and Elder did not immediately respond to The Gazette’s request for comment Friday.

The settlement agreement states Elder continues to deny the allegations against him and the county’s payment of settlement funds “is not to be construed in any way as an admission of liability” by Elder.

Trial begins in age discrimination case against El Paso County Sheriff Bill Elder

El Paso County Sheriff Bill Elder disputes accusations of age discrimination in Day 2 of trial

Former El Paso County Sheriff’s lieutenant takes stand on Day 3 of age discrimination trial