DENVER (KDVR) — A separation of employment letter sent to former Regional Transportation District Chief Joel Fitzgerald detailed several internal policies that he allegedly broke before being fired in September.
The letter, which was signed by RTD CEO Debra Johnson, was obtained by FOX31 through an open records request to RTD.
FOX31 previously reported that Fitzgerald was terminated for cause on Sept. 20 after having been on leave since July.
Fitzgerald has filed a lawsuit against RTD including allegations of race discrimination, retaliation and breach of contract.
Fitzgerald accused of violating several RTD policies
The violations were reportedly found during an investigation by a neutral third party.
There were eight categories of allegations, though some of the allegations were not substantiated.
GPS data from his assigned vehicle reportedly showed a pattern of him driving to and from Denver and the Castle Rock area while going 100 mph or more.
According to the letter, between Nov. 21, 2023, and Feb. 7, 2024, Fitzgerald allegedly drove 100 mph or more 23 times.
It was also alleged that Fitzgerald and RTD deputy chiefs and commanders did not wear body-worn cameras. It was found there was "weighty evidence" that this was the case because Fitzgerald decided they were exempt from doing so.
Since July 2023, state law has required that peace officers wear and activate these cameras in certain situations.
It was also alleged that Fitzgerald requested that a department employee buy firearms using an agency card, something that the letter said was against procurement procedures.
The investigation also found that Fitzgerald allegedly created a department policy that led to a "silencing effect" on some employees, dissuading them from raising concerns and seeking legal guidance.
Fitzgerald's lawsuit allegations
Among other things, the lawsuit alleges that RTD required Fitzgerald to go on leave pending an investigation while also allowing a white colleague to continue working while under investigation.
The lawsuit also alleged that white officers had never been terminated or investigated for excessive speed and Fitzgerald had documented electrical problems with the GPS system's "improper servicing and known inaccuracy."
According to the lawsuit, Fitzgerald complained to RTD CEO Johnson about "widespread racial animus" and reported allegations of racial animus against a colleague in the department.
The RTD CEO allegedly assured Fitzgerald that the allegations against him would blow over. However, according to the lawsuit, the complaints Fitzgerald brought up were not investigated, so he filed a formal Equal Employment Opportunity complaint on Aug. 1, 2024.
Fitzgerald was then fired on Sept. 20, and the lawsuit alleged that this was done in retaliation.
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