Case 1:17-cv-03141-KLM Document 1 Filed 12/27/17 USDC Colorado Page 1 of 7

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Case No. 17-cv-_

ELISA KUNKEL,

Plaintiff,

vs.

OFFICE OF THE CLERK FOR WELD COUNTY, and

CARLY KOPPES,

Defendants.

COMPLAINT AND JURY DEMAND

Plaintiff Elisa Kunkel, by her attorney Robert M. Liechty of ROBERT M LIECHTY PC,

brings her complaint as follows:

1. Plaintiff Elisa Kunkel resides in Weld County. Defendant Office of the

Weld County Clerk is domiciled in Weld County and Carly Koppes, the County’s Clerk

and Recorder, also resides in Weld County. Venue is proper in this Court.

2. This Court has jurisdiction over the matter because Mrs. Kunkel has

brought a federal claim under 42 USC §1983.

3. The Office of the Clerk for Weld County is an elected office pursuant to

Colorado’s Constitution, Article XIV, §8, and CRS §30-10-401 et seq. At all times

pertinent, Ms. Koppes was the elected Clerk and Recorder for Weld County.

4. Mrs. Kunkel began working for Weld County in 2000 and eventually rose

to the level of a manager in the motor vehicle department in Greeley, Colorado.

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5. Ms. Koppes became the county clerk and recorder for Weld County in

January, 2015. She was then the supervisor over approximately 40 employees in three

departments, the motor vehicle department, the election department, and the recording

department. As such, she was the final supervisor over Mrs. Kunkel.

6. From January through November, 2015, there was no incident between

the two. However, on Friday, December 11, 2015, there was an incident in which it was

claimed that Mrs. Kunkel had wrongly accused a trainer, Kari Weber, that the trainer

had directed her trainee to water plants when there was a backup of customers to

which, in the public’s eye, the trainee should have been attending. That evening, Mrs.

Kunkel realized her mistake and retracted her comments regarding Ms. Weber. This

minor incident expanded over the next few weeks, resulting in Ms. Koppes demoting

Mrs. Kunkel on January 14, 2016.

7. Ms. Koppes demoted Mrs. Kunkel from a technician 4 position, a position

in management, to a technician 3 position, a non-management position which received

lower pay.

8. Mrs. Kunkel successfully appealed her demotion to the County

Commissioners and the demotion was reversed on May 4, 2016, a reversal that had not

occurred in approximately 30 years. She received her back pay and ostensibly was

returned to her former position, but, out of spite, Ms. Koppes directed that Mrs. Kunkel

would continue doing the duties of a technician 3 position.

9. On June 13, 2016, Mrs. Kunkel’s supervisor, Cindy Loftus, gave Mrs.

Kunkel a failing annual job evaluation. Previously, Ms. Loftus had given Mrs. Kunkel

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only good annual evaluations. Ms. Loftus did this at the direction of Ms. Koppes (or to

please Ms. Koppes) to retaliate against Mrs. Kunkel for her successful appeal.

10. Weld County has an entity called the County Council. It is comprised of

five unpaid council members who do such things as setting the salaries of elected

county officials, filling vacancies on the board of county commissioners, and reviewing

conflicts of interests of county officers.

11. On June 20, 2016, Mrs. Kunkel asked the County Council for an audit of

how Ms. Koppes was running her office because her office was providing poor service

to the citizens of the county. In the three years prior to Ms. Koppes becoming the clerk

and recorder, there had been no turnover of county employees in the department.

During the first year and one half of Ms. Koppes’ tenure there was a turnover of 11

employees, over 25% of the employees. As a result, service to the public was

extremely slow and frustrating for the public and Mrs. Kunkel wanted an audit into Ms.

Koppes’ performance to correct this problem.

12. Mrs. Kunkel’s request was on the front page of the local paper on the day

after Mrs. Kunkel made the request, and, on that day, June 21, 2016, Ms. Koppes

directed that Mrs. Kunkel would be moved from the office in Greeley, where she lived, to

an office in Del Camino, 30 miles away. This was done to punish Mrs. Kunkel for

requesting an audit that received such publicity.

13. On July 6, 2016, the County Commissioners transferred Mrs. Kunkel to an

entry-level position in planning and zoning, to separate Mrs. Kunkel from Ms. Koppes,

but which would allow Mrs. Kunkel to stay in Greeley. Mrs. Kunkel retained her prior

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pay scale, but, because this was an entry-level position, her ability to advance as she

had been advancing before was adversely affected.

14. The County Council granted Mrs. Kunkel’s request to review the

performance of Ms. Koppes’ office in January, 2017.

15. The performance review was contracted to Harvey M Rose Associates,

LLC, of San Francisco, California. It issued its report on August 18, 2017.

16. Section 1 of the report’s executive summary stated the following:

Persistent understaffing, the use of overtime, low employee morale, and high
turnover rates have created a negative feedback loop in the Motor Vehicle
Department of the Clerk and Recorder’s Office. … Comparisons with other Clerk
and Recorder’s Offices in Colorado show that Weld County’s Office is persistently
understaffed and does not have key managerial positions found in other counties.

17. Section 2 of the executive summary stated the following:

Weld County’s population has increased by 56 percent since 2000 and is projected
to grow even faster through 2030. These new residents have increased the
workload of the Clerk and Recorder’s Office, particularly in the Motor Vehicle
Department, through increases in vehicle registrations, voting, and property
transactions.

Wait times for typical motor vehicle transactions in the Greeley office average
approximately 23 minutes, often frustrating the public. … Compared to the nine
peer counties in Colorado, all three Clerk and Recorder functions (Motor Vehicle,
Recording, and Elections) are understaffed.

18. This performance review confirmed Mrs. Kunkel’s observation and justified

her request for the audit.

FIRST CLAIM FOR RELIEF

19. Mrs. Kunkel’s request to the County Council was on a matter of public

concern – poor service to the citizens of Weld County. This request for a performance

review was not part of Mrs. Kunkel’s normal duties. The First Amendment protects Mrs.

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Kunkel’s right to make such a request and Ms. Koppes’ punishment of Mrs. Kunkel for

making this request violated Mrs. Kunkel’s first-amendment rights, for which Ms.

Koppes is liable to Mrs. Kunkel under 42 USC §1983.

20. As a result of this retaliation/punishment, Mrs. Kunkel suffers from

depression and anxiety disorder, for which she is entitled to recovery from Ms. Koppes.

Since April 4, 2017, Mrs. Kunkel has been on intermittent FMLA leave for anxiety

disorder and depression. In addition, she is entitled to recover for her inconvenience

and embarrassment of having to begin developing her working skills in the planning and

zoning department at an entry-level position.

21. In addition, Ms. Koppe’s actions were done with a reckless indifference to

the rights of Mrs. Kunkel, subjecting Ms. Koppes to punitive damages.

22. Mrs. Kunkel is entitled to her attorney’s fees and costs necessary to

prosecute this claim.

SECOND CLAIM FOR RELIEF

23. Ms. Koppes caused Ms. Loftus to give Ms. Kunkle a failing annual job

evaluation on June 13, 2016. Ms. Koppes caused this to punish Mrs. Kunkel for

successfully appealing her demotion to the County Commissioners, as stated in ¶ 6

above.

24. Such punishment constitutes retaliation against Mrs. Kunkel for exercising

her constitutional right to due process. This violates §1983 and Mrs. Kunkel suffered

damages as set forth above in ¶ 20.

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25. In addition, Ms. Koppe’s actions were done with a reckless indifference to

the rights of Mrs. Kunkel, subjecting Ms. Koppes to punitive damages.

26. Mrs. Kunkel is entitled to her attorney’s fees and costs necessary to

prosecute this claim.

THIRD CLAIM FOR RELIEF

27. Ms. Koppes knew of Mrs. Kunkel’s contract with the County. She

intentionally caused the county to change her contract as stated in ¶¶ 7 and 12 above.

This interference with Mrs. Kunkel’s contract was improper and has caused her

damages.

28. The intentional interference was improper because it was done in

retaliation for Mrs. Kunkel’s efforts to expose the malfeasance in the County Clerk’s

office. This interference was done willfully and wantonly.

29. Mrs. Kunkel has been damaged as set forth in ¶ 20 above.

FOURTH CLAIM FOR RELIEF

30. Colorado’s Constitution, §24, states that “The people have the right … to

apply to those invested with the powers of government for redress of grievances, by

petition or remonstrance.” It is against Colorado’s public policy to retaliate against

people who exercise this right.

31. Ms. Koppes retaliated against Mrs. Kunkel for exercising this right, a

wrongful retaliation in violation of Colorado’s public policy. Because Ms. Koppe’s

retaliation was knowing and intentional, her actions were willful and wanton.

32. Mrs. Kunkel has been damaged as set forth in ¶ 20 above.

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WHEREFORE, plaintiff Elisa Kunkel respectfully requests that this Court grant

judgment in her favor and for interest, costs, attorney’s fees, and such other relief as

this Court may deem proper.

Plaintiff requests trial to a jury.

Respectfully submitted this December 27, 2017.

By: s/ Robert M. Liechty

Robert M. Liechty
ROBERT M LIECHTY PC
5105 DTC Parkway, Suite 475
Greenwood Village, Colorado 80111
Tel: (303) 830-0500
Fax: (303) 860-7855
Email: rliechty@crossliechty.com
ATTORNEY FOR PLAINTIFF

Address of plaintiff:
5203 West 2nd St.
Greeley, CO 80634