Longmont – An e-mail and an audio recording show that city officials may be investigating employee Glenn Spagnuolo for what he said on a radio show rather than his use of a city cellphone possibly on company time, as they claimed.
The e-mail, provided in a court filing Thursday, was from the city’s director of human resources to Spagnuolo.
“We did indicate there was an investigation started regarding the KHOW radio interview you participated in as well as any potential impact that interview had on the city of Longmont,’ human resources director Patti West wrote.
West’s e-mail was part of a filing in federal court requesting an injunction to force Longmont to end its investigation. Spagnuolo’s attorney, David Lane, said the investigation is a violation of Spagnuolo’s First Amendment rights.
A judge is scheduled to hear the case this morning.
Also included in the filing was a recorded conversation between Spagnuolo and city officials. On the recording, West told Spagnuolo that his comments on KHOW’s “Caplis and Silverman’ show “may touch on some criminal behavior,’ though she says several other times that the city is not conducting a criminal investigation. City officials knew Spagnuolo was recording the conversation, he said.
The comment seems to run counter to the city manager’s claim at a City Council meeting April 12.
“The human resource department is conducting an investigation with regard to Mr. Spagnuolo’s use of city time, city resources and his conduct,’ Gordon Pedrow told the council. “I can assure the City Council and citizens that the investigation of city time, city resources and his conduct will be handled according to the personnel rules and consistent with his constitutional rights.’
City officials have said little about Spagnuolo’s case because it is a personnel matter. But city spokesman Rigo Leal reiterated Thursday that the investigation is focusing on Spagnuolo’s use of city time and equipment and not his comments.
On March 3, Spagnuolo called the radio program to defend comments of controversial University of Colorado professor Ward Churchill. After a discussion of violent versus nonviolent protest, Spagnuolo told the hosts that he thought police were oppressive.
“Nobody deserves to be killed.’ Spagnuolo said. “But if you’re going to put a uniform on, I do (have) a lack of sympathy if you were killed.’
Lane said it doesn’t matter that Spagnuolo used a city cellphone to call the show. City policy allows employees to make personal calls on their own time as long as they reimburse the city.
“They’re on a power trip thinking they’re accountable to no one,’ Lane said of city officials.
He believes the investigation is retaliation for Spagnuolo’s comments. In the court filing, Lane also alleges that Longmont officials bugged his client’s office.
“People who say things that are unpopular cannot be punished by the government for saying those things, and if I have to go to federal district court every day of the week to protect the First Amendment, then I will.’
But Vincent Burzek, a labor attorney, Broomfield council member and former police officer, said Longmont may have some rights as Spagnuolo’s employer.
“His status as a city employee should not mean he has fewer or greater rights than anyone else,’ he said. “However, if he is advocating violence, that’s a different story.’
At his home Thursday, Spagnuolo said he and Lane decided to file for the injunction after the city refused to allow Lane to be present during the city’s interview with Spagnuolo.
Spagnuolo met with city officials Thursday morning but said he would not answer their questions without his attorney present. The refusal could be considered insubordination, he said he was told.
In addition to the injunction, Spagnuolo is seeking damages and attorney fees.
“I don’t want to be suing the city,’ he said. “I’m a citizen here too. … I just want to stop this city from going on this witch hunt.’
Staff writer George Merritt can be reached at 303-247-9948 or gmerritt@denverpost.com.
Staff writer Amy Herdy can be reached at 303-820-1752 or aherdy@denverpost.com.
More online: Audio of Glenn Spagnuolo’s phone conversation with a Longmont city official, plus previous Post coverage of the Ward Churchill controversy. www.denverpost.com/news
