Former Dacono city manager sues city, ex-council members over termination

DACONO — Former Dacono city manager A.J. Euckert has sued the city of Dacono and four former city council members, alleging that his termination in February 2023 was a retaliatory action and violated provisions of the Colorado Open Meetings Law.

Euckert, in a lawsuit filed July 10 in Weld County District Court, claims that his termination by the council on Feb. 13, 2023, violated state law and the Dacono City Charter. The lawsuit names the city and former council members Kathryn Wittman, Danny Long, Jim Turini and Jackie Thomas as defendants.

“Plaintiff was an excellent employee as Dacono’s city manager and at a February 13, 2023, Dacono City Council meeting, open to the public with his wife and daughter in attendance, the Dacono mayor presented Mr. Euckert with a 20-year service award from the International City/County Management Association,” his complaint states.

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“Then without warning or agenda notice at said February 13, 2023, public council meeting, without reason given, Mr. Euckert’s employment was terminated by the city upon quorum vote of Kathryn Wittman, mayor pro-tem and council member, and council members Danny Long, Jim Turini, and Jackie Thomas, all defendants herein.”

Euckert’s troubles with council members stemmed in part from his refusal to sign a letter supporting the town of Erie’s request for an Interstate 25 Multimodal Interchange Study and Colorado Highway 52 pre-construction services. A draft letter of peer support also included a pledge of financial support from Dacono.

The Dacono City Council reviewed the request at a Jan. 23, 2023, work session, with seven council members in attendance.

“At the January 23, 2023, work session the Dacono City Council by consensus concluded that it generally supported Erie’s Hwy 52 project but without financial commitment from Dacono, that it did not support the I-25 Application,” the lawsuit states.

That position was relayed to Erie officials.

But, “At 12:14 a.m. on January 26, 2023, plaintiff received an email from defendant Wittman, signed by her as mayor pro-tem of Dacono, copying Erie’s Malcolm Fleming and Dacono City Clerk Valerie Taylor, the subject of the email being support of Erie grants as originally written by Erie, with the names of Dacono City Council members Danny Long, Jim Turini and Jackie Thomas listed below defendant Wittman’s name (the “Wittman email”).

“The Wittman email informed plaintiff: “We are supporting both Erie projects as written that were presented last Monday night before the board. … [W]e the undersigned not only support the town of Erie with DRCOG applications as written, but we also direct you to sign the letters of support ….”

Euckert refused to follow the directive, noting in communications with Erie town manager Malcolm Fleming and Dacono mayor Adam Morehead that no formal action had been taken by the Dacono City Council.

“As you know, the city council has only met in a work session to discuss Erie’s request for support, and thus no formal action has been taken by the city council,” Euckert wrote. “During the work session, the city council expressed general support of the Hwy 52 study application and authorized me as the city manager to convey this general support on the form so long as it was clear that the city council has taken no formal action. The city council has made no commitments regarding funding. The city council does not support the I-25 corridor application. Please revise the support forms for both applications accordingly.”

Euckert said in the lawsuit that, “The Wittman email directive was a last minute turnaround attempt to unlawfully get the two subject Erie projects through by circumventing the January 23, 2023, work session consensus …”

The lawsuit alleges violations of statutory and meeting and notice requirements of the Colorado Open Meetings Act, as well in city council procedural rules. 

Euckert further claims that his dismissal “was in retaliation for plaintiff’s refusal to follow their directive to sign the letters of support for both I-25 and Hwy 52 applications committing financial support of Dacono for these two Erie grant project applications.”

Two of the city council members named in the lawsuit — Thomas and Turini — were recalled in a recall election in June 2023. Wittman and Long were censured by the city council in August 2023 for their role in Euckert’s firing. Wittman’s term ended in 2023, and Long resigned in April 2024, citing health reasons.

Euckert is seeking unspecified economic and non-economic damages.

“As a direct and proximate result of the willful and wanton conduct of each defendant, plaintiff has suffered and continues to suffer injuries, damages and losses, including but not limited to, economic and non-economic losses, emotional pain, mental suffering, inconveniences, and other similar related losses and suffering to be determined at trial including legal expense,” the complaint states.

“Wherefore, plaintiff requests that this court enter judgment in his favor and against all defendants and award him all relief as permitted by law including, but not limited to, economic and non-economic damages, to be proved at trial and for legal expense permitted by law, and such further relief as justice requires.”

Euckert was named town administrator for Lochbuie in October 2023.

Euckert did not immediately respond to a request for comment. Dacono’s interim city administrator, Jennifer Krieger did not immediately respond to a request for comment.

The case is A.J. Euckert v. City of Dacono and Kathryn Wittman, Danny Long, Jim Turini and Jackie Thomas, in their individual and official capacities, Case No. 2024-CV-30595, Weld County District Court.