AURORA | One of the city’s highest ranking police officers filed a lawsuit against the police chief Tuesday accusing him of stomping the officer’s right to free speech.
Lawyers for former Division Chief Ken Murphy filed suit in federal district court Sept. 17 arguing that Chief Dan Oates demoted Murphy to commander in May for testifying against Oates in another officer’s disciplinary hearing.
The demotion comes with a pay cut of more than $10,000 per year, Murphy’s lawyers wrote.
Chief Oates last spring referred questions on Murphy’s demotion to Aurora City Attorney Charlie Richardson. Richardson said Tuesday he had not yet seen the lawsuit and could not comment.
But in an email after Murphy’s demotion, Richardson said Murphy’s testimony at the disciplinary hearing for former Lt. Paul Swanson wasn’t the sole reason for the demotion. Spokespeople for the Aurora police department weren’t immediately available for comment.
“Certainly there is no prohibition of internal debate, disagreement or argument, but once the Chief, or any CEO, makes a decision, that must be adhered to, especially in a paramilitary organization,” Richardson said.
Murphy, who has been with APD for 30 years, testified in May on behalf of Swanson, who was demoted from lieutenant down to patrol officer in 2011 amid allegations that he failed to show up for work as commander of the Metro Gang Task Force.
Swanson appealed his demotion to the city’s Civil Service Commission, which sided with the chief and upheld the penalty. Swanson has since appealed to district court.
Murphy testified that he didn’t think Swanson, who is his longtime friend, should have been demoted.
The testimony from Murphy, a longtime and popular fixture at APD, became a major issue in Swanson’s hearing.
In Tuesday’s lawsuit, Murphy’s lawyer, Donald Sisson, said Murphy’s testimony clearly irked the police chief.
Sisson said Oates told Murphy a few days after he testified that he would be demoted if he did not send out a department-wide email retracting his testimony. Murphy refused and said his testimony was the truth.
Oates said he was offering Murphy a “life line,” Sisson said, and had to demote Murphy when he refused to take it. Murphy’s lawsuit asks for back pay as well as damages for pain and suffering.
Oates has every right to demote Murphy. The problem I see is that he only demoted him to a Commander.
Dan Oates, is that you?
Here’s the real issue at hand. Div. Chief Murphy wasn’t Lt. Swanson’s supervisor. Div. Chief Roger Cloyd was.
Either the Sentinel failed to do it’s homework or someone is telling a lie in the police department.
Contrary to the comment made below, Ken Murphy is, was and will always be, a prize. He will forever be thought of as one of Aurora’s finest! Not just in my eyes but in the eyes of many citizens and among the street officers. Council too if you could ever get any of them to tell the truth.
Dan Oates and Roger Cloyd on the other hand……..oh brother!
Lets just say we can’t hardly wait for someone, somewhere, to take Oates and his New York style, mafia policing mentality out of this joint.
As for Roger Cloyd. STOP MILKING THE SYSTEM AND THIS CITY FOR CRUISE MONEY FOR YOU AND THE WIFE. RETIRE ALREADY! YOU LIAR AND DO NOTHING!
I don’t believe a word Dan Oates says after his repeated violations of citizens constitutionally protected rights. The same rights he took an oath to defend. If he can’t uphold his oath, his word is meaningless.
John,
Dan Oates is as two faced as conjoined twins. The only people who have anything good to say about him, are those that don’t know him and don’t know what it’s like to work for him.
Folks, what we have going on here with the Chief of Police for our city, is a double standard.
Every law enforcement officer in this department lives with the threat of demotion or dismissal if you lie TO the Chief or, lie when being questioned by his officials.
However, apparently if you lie FOR the Chief upon his command, and to make him look good, that’s more than fine with him.
Here’s the hook though. If Murphy changed his own opinion with a company wide retraction on Swanson’s discipline, he would have been lying to the Civil Service Commission who, he’s not supposed to lie to.
Is this the kind of Chief this city and it’s officer’s should have to tolerate?
I think not.