DENVER — The former police chief of the Regional Transportation District (RTD) was fired for a series of ethical violations, according to a termination letter obtained Tuesday by 9NEWS.
Joel Fitzgerald, who had been on leave since early July, was "terminated for cause" on Sept. 26, according to Colorado's Peace Officer Standards and Training (POST) database.
However, RTD refused to say whether he was fired when asked, only that he was "no longer the chief of police." They did not give information about the circumstances surrounding his departure, including whether he resigned or was fired.
The letter signed by RTD General Manager and CEO Debra Johnson says a neutral, third-party investigator found Fitzgerald failed to comply with RTD policies and that he was "a leader who sees yourself, and possibly the Police Department, as above policy."
"The investigator further determined that you disregarded the concerns of subordinates and business partners and engaged in a practice of disregarding the larger agency as well as the agency's policies, procedures and practices." the letter reads.
Violations listed in the letter include:
- Driving 100+ mph in an RTD Police vehicle on 23 occasions.
- Approving a business trip paid for by a vendor after it was rejected for ethical reasons.
- Improperly trying to purchase firearms with an RTD expense card.
- Intervening in internal affairs investigations.
- Creating a policy discouraging staff from seeking guidance from RTD's legal counsel.
- Authorizing a police department employee to use his RTD patrol vehicle for personal use.
- Instructing that RTD Police continue to hire despite concerns the department was over budget.
The letter also says substantial evidence showed that Fitzgerald decided that he, deputy chiefs and commanders were exempt from wearing body cameras – a violation of Colorado law. It says at least 10 officers raised concerns.
"The conduct substantiated by the investigator is unequivocally unacceptable as the Chief of Police," Johnson said in the letter. "The substantiated conduct is also inconsistent with the values of police accountability and public trust. I have therefore decided to terminate your employment."
Court records show Fitzgerald filed a lawsuit against RTD on Tuesday for wrongful termination and racial discrimination.
In the lawsuit, Fitzgerald says the third-party investigator didn't have necessary law enforcement investigative training and that their findings "have no merit." He says in the lawsuit that he was fired based on his race and in retaliation for raising concerns about racism in the department and for initiating Internal Affairs complaints due to "racial animus."
When 9NEWS initially filed a public records request for the termination letter, RTD denied the request. The agency provided the letter on Tuesday after 9NEWS challenged their refusal to supply it under the Colorado Open Records Act.
RTD said on Tuesday they cannot comment on Fitzgerald's lawsuit because the agency has not yet been served with it.
