A former state employee, whose job officials in Gov. Bill Owens’ administration officials tried to protect, is suing the current administration, saying she was illegally terminated.
Barbara Kirkmeyer, who was director of the Division of Local Government and a former acting director of the Department of Local Affairs, charges that she should have been able to return to a job in the state personnel system after Bill Ritter took over as governor.
“Ms. Kirkmeyer did not waive rights to continued employment in the classified state personnel system and retained the right to be discharged only for cause,” her attorney wrote in a lawsuit filed Aug. 30.
The Denver Post reported previously that Kirkmeyer was one of nearly two dozen Owens administration appointees who were given contracts that allowed them to return to jobs at the highest pay for the positions.
Kirkmeyer, who could not be reached for comment, is using that contract to try to get a job and back pay. One of her attorneys declined comment.
Kirkmeyer entered the state classified personnel system on Jan. 2, 2001. She was never appointed by Owens to be Local Affairs’ executive director, though she served as acting director.
Kirkmeyer renegotiated her contract to end June 30, 2007, with a provision to return to classified service if the contract was not renewed, according to the contract filed with the lawsuit.
In April, Susan Kirkpatrick, Ritter’s executive director of Local Affairs, notified Kirkmeyer that she would be terminated when her contract expired, a letter with the lawsuit shows.
Her appeal through the personnel system failed, the lawsuit says.
The lawsuit also points out that Kirkpatrick is a Democrat, but does not draw additional conclusions from that reference.
Kirkmeyer’s attorney argues that Owens’ Department of Personnel and Administration executive director Jeff Wells acted properly when including the provision to allow Owens officials to return to state jobs under the new administration. Wells “had full power and authority to establish terms and conditions for contracting,” the lawsuit claims.
But Ritter officials said in February that the contracts violated personnel rules, and they would not honor them.
The state’s departments of Personnel and Local Affairs as well as Kirkpatrick and personnel executive director Rich Gonzales are named in the lawsuit. Department spokeswomen declined comment, citing the ongoing litigation.
Kirkmeyer made $10,999 per month, or nearly $132,000, during the 2006-07 senior executive contract in the position of deputy executive director of the Division of Local Government, the contract shows.
Staff writer Arthur Kane can be reached at 303-954-1244 or akane@denverpost.com.
