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Posted on November 12, 2024 2024News and Events
The Board of Douglas County Commissioners and the Douglas County Sheriff announced they have appealed the Nov. 1, 2024, determination by the Division of Labor Standards and Statistics, a division of the Colorado Department of Labor and Employment (CDLE), regarding the State’s unfair labor practices investigation of Douglas County. On Nov. 1, 2024, the CDLE found county officials violated elements of the Collective Bargaining by County Employees Act (COBCA).
On Nov. 7, 2024, the County filed its appeal and request for stay of enforcement until the appeal is resolved.
The County denies any wrongdoing. The County contends the CDLE’s findings are not supported by state or federal law or the undisputed facts in this matter. Moreover, the County contends the CDLE grossly skewed the facts and ruled on allegations not asserted in the FOP’s complaint to support a predetermined outcome.
“As the Sheriff, I stand firm that we did not violate the law. We did not threaten or coerce our staff. We simply shared accurate information so they could make an informed decision. I also believe the investigation by CDLE, and the results, were not impartial and the outcome was pre-determined. COBCA as currently written is blatantly unconstitutional. My staff put their lives on the line every day. As a 31-year veteran of my agency, nobody can represent the best interest of my staff better than me. Collective bargaining only adds an unnecessary level of bureaucracy,” said Douglas County Sheriff Darren Weekly.
The investigation arose from allegations by the Fraternal Order of Police (FOP) related to its attempt to unionize Douglas County Sheriff’s deputies and sergeants. Following admitted false statements by the FOP regarding the Sheriff’s Office’s support of unionization and an active and aggressive organizing campaign by the FOP directed at deputies, the County Commissioners and Sheriff’s Office made public statements correcting the FOP’s false statements and educating the community about COBCA and collective bargaining. The Sheriff and Commissioners also shared their personal views regarding representation.
The CDLE had scheduled an election on the question of FOP representation for April 29, 2024. The FOP withdrew its petition shortly before the election. However, the CDLE refused to dismiss the petition and instead continued the election to be held any time before Nov. 4, 2024.
Following the CDLE’s order to continue the election, the FOP filed an unfair labor practice complaint against the County arguing the County’s public statements and education on COBCA and collective bargaining violated COBCA.
COBCA, which took effect on July 1, 2023, prohibits Colorado counties from discouraging employees from becoming members of a union, but preserves the free speech rights of the County and the Sheriff in “the expression of any personal view, argument, or opinion.” COBCA is clear that such statements, including statements of opposition “must not be considered a violation” of the law. The elected Board of County Commissioners and Sheriff acted under this exception when they spoke publicly about COBCA and collective bargaining.
“This appeal is not about a union election. It is about the State preventing local leaders from sharing their views about a union election. Our Board and our Sheriff spoke plainly and honestly with the public we serve. Free speech is not and should never be illegal in the State of Colorado and the County will fight to uphold the law that preserves free speech,” said the Board of Douglas County Commissioners.
Despite the limited remedy ordered – sharing the CDLE’s findings with employees and a publicly posted notice of the violation, the County finds it imperative to appeal the results to ensure Douglas County residents’ and taxpayers’ confidence in their elected officials, protect its officials’ constitutional rights to communicate with the community they serve, and prevent the State from abusively applying COBCA.
Prior to the CDLE’s ruling, Douglas County had filed two lawsuits challenging the State’s adoption and application of COBCA. The first challenging COBCA’s redistribution of all county employees under the authority of the board of county commissioners. The second challenging COBCA as abridging of personal and local government rights guaranteed under the constitution. Both these actions remain pending.
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