Adams County sheriff candidate Mark Nicastle will be able to campaign against his boss as long as he does it during off-duty hours, according to an agreement reached in U.S. District Court this week.
The compromise reached between Nicastle’s lawyer and Adams County means a hearing over the issue will likely be avoided. However, Nicastle’s main complaint — that incumbent Sheriff Doug Darr demoted him because of his political ambitions — is still pending in federal court.
“We’ve won a battle but we still have to fight the war,” said Donald Sisson, Nicastle’s attorney.
Nicastle — a 30-year-veteran of the Sheriff’s Office — is running against Darr, a Democrat who is seeking his third term as sheriff.
Nicastle was a lifelong Democrat who considered himself a natural successor to Darr for the sheriff’s job. But when Darr decided to run for his third term, Nicastle switched to the GOP to go against Darr.
In his complaint filed two weeks ago, Nicastle claimed Darr demoted him from lieutenant to sergeant and took other actions against him to hurt his campaign. In addition to the complaint, Nicastle also asked for a preliminary injunction so he could campaign without fear of losing his job.
Specifically, Nicastle wanted to appear at a charity golf tournament in May as part of his campaign.
The agreement says Darr “will not interfere with Sgt. Nicastle’s activities during off-duty hours and/or vacation time. As long as events are public events, Sgt. Nicastle will be permitted to attend.”
Darr and the Sheriff’s Office also cannot stop him from attending the May golf tournament. All vacation time will be granted through Nicastle’s direct supervisor and not Darr, the stipulation said.
Darr denies trying to stop Nicastle’s campaign and says Nicastle’s demotion was based on performance and not politics.
The county agreed to the stipulated agreement because it follows already established county policies and procedures for off-duty employees, said Heidi Miller, assistant county attorney.
“None of this is different than what we are already doing in the first place,” Miller said. “So there was not real disagreement between the parties.”
Monte Whaley: 720-929-0907 or mwhaley@denverpost.com
