A federal judge this month partially dismissed the wrongful termination claims the Florissant Fire Protection District’s former chief lodged against the special district, citing procedural deficiencies.

Erik Holt, who was the chief until June 22, alleged the Teller County district’s directors terminated him because he cooperated with an investigation into their allegedly illegal conduct and because he provided testimony about potential discrimination.

The district held an election for its board of directors on May 2, and five non-incumbent candidates won a majority of the vote. Allegedly, the non-incumbents and their poll watchers violated state law against electioneering at polling places. In response to a request from law enforcement, Holt turned over security camera footage from the fire station, where in-person voting took place.

After the election results were certified, the outgoing board president filed a complaint in Teller County District Court to contest the results, based on the allegations of voter intimidation. Although a judge dismissed the complaint because the plaintiff failed to follow proper procedure, there was continued tension between Holt and the incoming board president, Paul del Toro.

Holt believed del Toro was exceeding his authority by giving orders before the “transition of power,” and by making discriminatory comments toward the district’s administrative assistant. The assistant allegedly resigned and filed a complaint with the U.S. Equal Employment Opportunity Commission, for which Holt provided testimony.

The friction culminated in the district briefly losing insurance coverage in early June. Holt blamed del Toro for freezing the district’s bank account without authorization. Although Holt’s lawsuit explained del Toro initially absolved Holt of responsibility, the board fired Holt on June 22, laying the insurance lapse at his feet.

“The straw that broke the camel’s back was his not issuing a check for district insurance and not informing the new board it was due,” Judy Dunn, the board’s vice president, wrote in a letter posted to the district’s website.

Holt then filed suit against the district, claiming the board’s shifting justifications were proof that something else motivated his termination.

The board “terminated Mr. Holt in retaliation for his participation in the criminal investigations of the incoming Board members’ violations of election law, for refusing to follow unlawful orders, and for reporting the employment law violations committed by one of the directors-elect,” wrote Holt’s attorneys.

Although the district did not seek to dismiss Holt’s claim that he was terminated after exercising his First Amendment right to speak with a criminal investigator, it moved to throw out two other claims: a violation of the Americans with Disabilities Act and wrongful termination.

On Nov. 7, U.S. District Court Judge Nina Y. Wang agreed with the district. She noted Holt had not yet received authorization to sue for the ADA claim – related to Holt’s involvement in the administrative assistant’s complaint. Moreover, Colorado’s governmental immunity law permits lawsuits only for “willful and wanton” conduct by people, not by public entities.

“Because Plaintiff’s wrongful termination claim seeks to hold FFPD liable for the Board members’ conduct, his argument that the willful-and-wanton-conduct exception applies is improper,” Wang wrote.

Wang permitted Holt to refile his claims properly in the future. A spokesperson for the Fourth Judicial District Attorney’s Office could not immediately provide the status of the investigation into the May board election.

The case is Holt v. Florissant Fire Protection District.