HomeMy WebLinkAbout2018CV3204 - LORI FRANK V. CITY OF FORT COLLINS, TERENCE F. JONES AND JEROME SCHIAGER - 069 - CERTIFICATION OF JENNY LOPEZ FILKINSIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:18-cv-03204-RBJ-NRN
LORI FRANK,
Plaintiff,
v.
CITY OF FORT COLLINS, a municipality; and
JEROME SCHIAGER, former Deputy Chief of Police, in his individual capacity,
Defendants.
______________________________________________________________________________
CERTIFICATION OF JENNY LOPEZ FILKINS
______________________________________________________________________________
I, Jenny Lopez Filkins, hereby submit this certification, under penalty of perjury, in
response to the Court’s November 22, 2019, Order, Doc. # 64 at 8-9. Specifically, the Court
ordered someone with personal knowledge:
to certify by November 26, 2019 as to whether the allegations contained in pages
000523-535 were investigated and not sustained or substantiated. The certification
should include the outside entity that investigated the allegations and the date when
the allegations were found not to be sustained.
Id. at 8. As in-house employment counsel for the City of Fort Collins, I have personal
knowledge of the matters set forth herein.
1. Pages 000523-000535 are from a confidential witness statement provided to Flynn
Investigations Group/Employment Matters LLC, an outside investigation firm, as it investigated a
2017 workplace complaint brought by Francis Gonzales against Defendant Jerry Schiager and non-
party Russell Reed. The statement contains a smorgasbord of allegations and gripes that are not
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limited to gender discrimination or gender-related retaliation, pay inequity, or concern events that
allegedly occurred during this lawsuit’s operative time period, namely November 2015 to the
present.
2. Page 000523, first paragraph marked for redaction: These remarks regarding
alleged race discrimination were investigated by Fort Collins Police Service’s Human Resources
Department during its investigation of a male Hispanic employee’s race discrimination complaint.
Human Resources completed the investigation in 2012. The findings were not sustained.
3. Page 000523, second paragraph marked for redaction: These remarks concern a
retired patrol sergeant’s alleged experiences years ago with discriminatory practices related to
promotional opportunities for Hispanic officers. The retired patrol sergeant never filed a
discrimination complaint. Because of the alleged events’ age, the City did not investigate these
allegations, even though they were raised in the confidential witness statement provided to Flynn
Investigations Group/Employment Matters LLC.
4. Page 000523-524, third paragraph marked for redaction: These remarks concern
discrimination a Hispanic officer allegedly experienced decades ago when he excelled on a
promotion exam but was denied the promotion. Because of the alleged event’s age, the City did
not investigate the allegations, even though they were raised in the confidential witness statement
provided to Flynn Investigations Group/Employment Matters LLC.
5. Page 000524, first full paragraph marked for redaction and first half of second full
paragraph marked for redaction: These remarks regarding alleged race discrimination were
investigated by Fort Collins Police Service’s Human Resources Department during its
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investigation of a male Hispanic employee’s race discrimination complaint. Human Resources
completed the investigation in 2012. The findings were not sustained.
6. Page 000524, second full paragraph marked for redaction: These remarks concern
a Hispanic female detective’s claims that a male supervisor created a hostile work environment.
Flynn Investigations Group/Employment Matters LLC investigated these allegations. On April
28, 2017, the investigator found that the Hispanic female detective’s claims of race or gender
discrimination were not sustained.
7. Page 000524, last three sentences of second full paragraph marked for redaction:
These remarks regarding alleged race discrimination were investigated by Fort Collins Police
Service’s Human Resources Department during its investigation of a male Hispanic employee’s
race discrimination complaint. Human Resources completed the investigation in 2012. The
findings were not sustained.
8. Page 000525, first, second, and third paragraphs marked for redaction: These
remarks concern allegations regarding different discipline a Hispanic officer and a Caucasian
officer received for identical policy violations. The matter was investigated by Investigations Law
Group (ILG). On November 21, 2016, ILG reached inconclusive findings, but noted widespread
concern about inconsistent discipline and performance standards. As the Court noted in its
November 22, 2019, Order, the November 21, 2016, ILG Report is attorney work product. See
Doc. # 64.
9. Page 000525, fourth and fifth paragraphs marked for redaction: These remarks
concern allegedly different hiring and training standards that were applied to a Hispanic officer
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and a white officer. The matter was investigated by ILG. On November 21, 2016, in the attorney
work product-protected report, the findings were not sustained.
10. Page 000526, all paragraphs and Page 000527 first paragraph marked for
redaction: These remarks concern allegedly different hiring and training standards that were
applied to a Hispanic officer and a white officer. The matter was investigated by ILG. On
November 21, 2016, in the attorney work product-protected report, the findings were not sustained.
11. Page 000527, last two paragraphs marked for redaction: These remarks concern
the confidential witness’s alleged experiences with race discrimination within Fort Collins Police
Services. The witness never filed a complaint regarding these events, which allegedly occurred
nearly 35 years before Plaintiff Lori Frank filed her complaint. Because of the alleged event’s age,
the City did not investigate the allegations.
12. Page 000528, first full paragraph marked for redaction: These remarks concern the
confidential witness’s alleged experiences with harassment by a supervisor. The witness never
filed a complaint regarding these events, which allegedly occurred nearly 35 years before Plaintiff
Lori Frank filed her complaint. Because of the alleged event’s age, the City did not investigate
the allegations.
13. Page 000528, last paragraph and Page 00529 first paragraph marked for redaction:
These remarks concern the confidential witness’s claim that he was unfairly accused of assisting
a police officer candidate with the interview process. These allegations arose in a lawsuit
Kennyberg Araujo and Francis Gonzales filed in April 2016 against the City of Fort Collins, the
former Deputy Chief of Police, and a Police Sergeant for alleged race discrimination. ILG
investigated these allegations in connection with its investigation of Araujo/Gonzales lawsuit. On
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November 21, 2016, in the attorney work product-protected report, ILG determined that the
confidential witness was rightly disciplined for providing a police officer candidate with test
questions ahead of a qualifying test. ILG also determined that the claims of racial bias-based
discipline were unsubstantiated.
14. Page 000529, second and third paragraphs marked for redaction: These remarks
concern the confidential witness’s claim that he was denied a promotion because of his race. These
allegations arose in a lawsuit Kennyberg Araujo and Francis Gonzales filed in April 2016 against
the City of Fort Collins, the former Deputy Chief of Police, and a Police Sergeant for alleged race
discrimination. Investigations Law Group investigated these allegations in connection with its
investigation of the Araujo/Gonzales lawsuit. On November 21, 2016, in the attorney work
product-protect report, ILG determined that the claims of racial bias were unsubstantiated.
15. Pages 000530 through 000533, all paragraphs marked for redaction: These
remarks concern claims that the witness made in the lawsuit Kennyberg Araujo and Francis
Gonzales filed in April 2016 against the City of Fort Collins, the former Deputy Chief of Police,
and a Police Sergeant for alleged race discrimination. ILG investigated these allegations in
connection with its investigation of the Araujo/Gonzales lawsuit. On November 21, 2016, in the
attorney work product-protected report, ILG determined that: the claims regarding racially
discriminatory promotional process were inconclusive; the claims regarding discriminatory hiring
practices were unsubstantiated; inconsistent discipline and performance management practices
existed, but claims of racial bias were unsubstantiated; and the claims against a Deputy Chief and
a Lieutenant regarding harassment, racial discrimination, and retaliation were unsubstantiated.
16. Page 000534, first paragraph marked for redaction: See paragraph 15, above.
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17. Page 000534, second paragraph through Page 000535 middle section marked for
redaction: These allegations were investigated by Kim DeLuca at ILG. On April 28, 2017, certain
claims regarding the investigation subject’s use of a racial slur were sustained.
18. I certify that, based on a good faith review of the records and based on my personal
knowledge, the information contained herein is true and correct.
Dated this 26th day of November, 2019.
S/Jenny Lopez Filkins, Esq.
JENNY LOPEZ FILKINS, ESQ.
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Respectfully submitted this 26th day of November, 2019.
S/Kathryn A. Starnella
Cathy Havener Greer
Kathryn A. Starnella
Wells, Anderson & Race, LLC
1700 Broadway, Suite 1020
Denver, CO 80290
Telephone: (303) 830-1212
Email: cgreer@warllc.com; kstarnella@warllc.com
Attorneys for Defendants City of Fort Collins
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on November 26, 2019, a true and correct copy of the above
and foregoing CERTIFICATION OF JENNY LOPEZ FILKINS was electronically filed with
the Clerk of Court using the CM/ECF system, which will send notification of such filing to the
following email addresses:
Jennifer Robinson, Esq.
Robinson & Associates Law Offices, LLC
7900 E. Union Avenue, Suite 1100
Denver, CO 80237
Email: jrobinson@raemployment.com
Attorneys for Plaintiff
Robert M. Liechty, Esq.
Robert M. Liechty PC
1800 Gaylord St
Denver, CO 80206
Email: rliechty@crossliechty.com
Attorney for Plaintiff
David R. DeMuro, Esq.
Vaughan & DeMuro
720 South Colorado Boulevard
Penthouse, North Tower
Denver, CO 80246
Email: ddemuro@vaughandemuro.com
Attorneys for Defendant Schiager
Sara L. Cook, Esq.
Vaughan & DeMuro
111 South Tejon, Suite 545
Colorado Springs, CO 80903
T: 719-578-5500
Email: scook@vaughandemuro.com
Attorneys for Defendant Schiager
S/ Kathryn A. Starnella
Kathryn A. Starnella
Email: kstarnella@warllc.com
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