A Commerce City police officer who in January filed notice of intent to sue the city and the police department and its union over a report of alleged misconduct and corruption has filed suit against the union and four fellow cops.
David Cubbage filed the lawsuit last month against the department’s police union, the state lodge and four Commerce City police officers identified as the union president and secretary and two labor committee members.
Cubbage, formerly a lieutenant, was recently promoted to commander of the patrol division as part of a broad restructuring of the police department.
In the restructuring, lieutenant positions were eliminated, two deputy chiefs were created, and commander positions were given more authority.
The officers named in the lawsuit are not assigned to Cubbage’s command, but Police Chief Troy Smith said that is coincidental.
“This is completely about the labor organization,” Smith said. “I have no reason to believe this is affecting the work conditions.”
Officer Ken Harris, the union president named in the suit, said the three other officers are not currently working but said two could report to Cubbage when they return.
“Anytime you have someone with authority suing subordinate members, you have the potential for a bad work environment,” Harris said. “We definitely have concerns.”
The .
The city investigated the report’s allegations, concluding that most claims either did not constitute a policy violation or that there was not enough evidence to determine their accuracy.
The lawsuit alleges the investigation hurt Cubbage’s chances of becoming police chief. Smith was hired in December.
to retract the statements against him.
Cubbage’s attorney, John McKendree, said he didn’t have specifics about what the city and police department did in order to comply, but he said they did.
He said a letter of intent to sue also was sent to the police union, but “they never responded.”
“We’ve never understood, since the allegations are libelous, why they’ve never been retracted,” McKendree said.
The union report, among other things, alleged preferential treatment, claiming internal investigations were not opened after law enforcement was called to Cubbage’s home on reports of domestic violence at least twice.
In his lawsuit, Cubbage said the domestic violence case was investigated criminally, and he was cleared.
Smith confirmed that the department policy does not include guidelines on launching internal investigations when a criminal investigation is underway but said the decision is made by the chief.
