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Path cleared for Denver firefighters to conduct no-confidence vote on chief; "We're not going to back down"

Path cleared for DFD firefighters to conduct no-confidence vote on chief
Path cleared for DFD firefighters to conduct no-confidence vote on chief 03:18

Rank-and-file Denver firefighters walked into a union hall Wednesday night and Thursday morning to vote on a resolution that would put a no-confidence vote on Fire Chief Desmond Fulton and Deputy Chief Kathleen Vredenburgh to the department's roughly 1,100 members.

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CBS

According to multiple firefighters at both meetings, the measure was overwhelmingly approved, paving the way for what numerous firefighters believe is the first no-confidence vote on a Denver Fire Chief in department history.

"The resolution was approved and adopted nearly unanimously," said Assistant Fire Chief Patrick Hynes, who helped author the resolution.

The president of the Denver Firefighters Local 858 union did not respond to calls and text messages from CBS News Colorado seeking an exact vote count. Fulton and Vredenburgh did not respond to emails from CBS News Colorado seeking their comments on the no-confidence movement.

"As you can see in the result," said Hynes, "it solidifies their desire to show their dissatisfaction and unhappiness with what they see as a double standard."

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Fire Chief Desmond Fulton      CBS

Hynes was referring to a practice revealed in April by CBS News Colorado, that saw Fulton and his top commanders awarding themselves "comp time" for attending various events, including firefighter memorials and community gatherings. They would then use those accrued comp hours to take vacations, and were routinely cashing in vacation time at the end of each year. It is illegal according to city charter for Denver Fire executives to be compensated for working extra hours.

Mayor Mike Johnston termed it "a troubling and systemic misuse of Flex Time." His administration contracted with a former U.S. attorney to investigate what happened. In October 2024, that investigative report was made public. Former U.S. Attorney Bob Troyer wrote, "all current Command Staff members 'banked' and later used hours they had worked in excess of 40 per week instead of using available vacation leave" between 2021 and 2023.

"As a result, they all received larger cash payouts for unused vacation leave than they otherwise would have," wrote Troyer.

He went on to say the practice had been going on for 13 years and had been handed down by one command staff to the next.

"However, regardless of origin, intent, or the arguably innocent reasons for its evolution, this practice did violate the Denver Revised Municipal Code. It violated the law because it resulted in Command Staff being 'compensated' for hours worked when 'called back to duty during normal time off' and for 'overtime after the end of a regular shift'," said the October 2024 report. Troyer said, "of all Command Staff members during these three years, Chief Fulton was the most assiduous user of Kelly Day/Flex Time. He repeatedly coded blocks of four to five days off in a row as Kelly Day/Flex Time Used instead of coding that time off as vacation or sick leave. He also used more Kelly Day/Flex Time than anyone else. Like others, he had sufficient hours in his vacation-leave bank to have used that time instead of Kelly Day/Flex Time. He had the highest number of hours paid out as unused vacation leave."

Fulton said in October he took "full responsibility for continuing a problematic timekeeping practice that violated city policy."

But since that report was released in October 2024, the city has taken no disciplinary action against any of the fire department executives involved.

"Its a damning, scathing report," said Hynes, "of how all this has been handled and the membership expects some accountability after that report."

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CBS

Hynes, and other firefighters who asked their names not be used, said if they had done the same as their command staff, they believe they would have been quickly fired.

"We want the process to be fair and equitable," said Hynes, "whether a political appointee or a line firefighter riding the back of a fire truck."

Late Wednesday, just before voting on the resolution began, the mayor delivered a letter to firefighters indicating he had no intention of imposing any discipline on Fulton or anyone else. In the letter, obtained by CBS News Colorado, Johnston said the practice had been ongoing for years, and Chief Fulton "agreed to voluntarily pay back those hours for which he claimed reimbursement during the year of our administration to ensure there was no intentional breach of the public trust."

Johnston wrote, "I reiterate my full support for Chief Fulton ... I have full faith in his leadership." 

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Denver Mayor Mike Johnston CBS

If the mayor thought the letter would derail the no-confidence effort, it appears to have backfired.

"I think when the membership read that letter, I think it validated their concerns that there is in fact a double standard," said Hynes.

"Several members," said Hynes, "said this (letter) is not going to work. We're not going to back down. It actually inspired them more. We want the process to be fair and equitable," said Hynes, "whether a political appointee or a line firefighter riding the back of a fire truck."

In his letter, Johnston raised the issue of the Denver Fire Department's collective bargaining agreement, which will be negotiated this year.

The mayor mentioned several issues that have been up for discussion. Numerous Denver firefighters said they viewed those words as a veiled threat from the mayor on what might happen if they pursued the no-confidence vote.

On Thursday, a spokesperson for Johnston said he was traveling and not available for an interview about his letter. CBS News Colorado submitted multiple written questions -- including why the mayor raised the issue of collective bargaining. The mayor's office did not provide answers to the specific questions that were submitted. A spokesperson for the mayor reiterated Johnston's support for his fire chief.

Hynes said ballots to vote on whether or not the rank and file have confidence in their chief and deputy chief will go out in the next 30 days.

The following is the letter the mayor sent to firefighters on Wednesday:

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