PENALTY NETS CHIEF COMPLAINT: Demoted police division chief says he’ll sue city over free speech questions

AURORA | One of Aurora’s highest-ranking police officers is accusing the chief of stomping on his First Amendment rights and is planning a lawsuit against the city, the officer’s lawyer said.

Former Division Chief Ken Murphy was demoted this month to commander, just a few weeks after he contradicted Police Chief Dan Oates and testified at a discipline hearing in favor of another officer who had been demoted.

Donald Sisson, Murphy’s lawyer, said Murphy, who had been a division chief for 11 years and an officer for 30 years, was demoted because he testified contrary to the chief.

“You can’t take adverse employment action against an employee based on their testimony,” he said.

In the coming weeks, Sisson said he plans to file a lawsuit in federal court accusing the chief of violating Murphy’s right to free speech.

Oates’ office referred questions on the case to City Attorney Charlie Richardson.

In an email, Richardson said there was more to Murphy’s demotion than his testimony.

“I can assure you of the fact that former Division Chief Murphy testified at a civil service hearing contrary to the Chief’s position was not the sole fact. 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 testified last month on behalf of former Lt. Paul 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.

During his closing argument, Sisson, who also represented Swanson, said the city was trying to discredit Murphy, even though they have called him as a witness on their behalf several times before.

Deputy City Attorney Peter Morales, who argued the city’s case, said during his closing argument that being on the opposite side of Murphy, his longtime friend, was a difficult situation. But, he said, Murphy was on the wrong side with Swanson.

He also said Murphy’s friendship with Swanson was a reason Swanson was able to get away with allegedly shirking his duties for as long as he was. He said there was an “atmosphere of intimidation and protection going on for years” around Swanson.

“That is why he got away with it for so long,” Morales said.