Hearing Officer’s ruling dispels City’s allegations of favoritism and manipulation of hiring process. Bourgeron's attorneys request retractions of statements made by former City Councilwoman Susan Barnes-Gelt, and Denver assistant city attorney Sybil Kisken.

Denver Career Service Hearings Officer, Daniel C. Ferguson has issued a ruling in the appeal filed by Amy Bourgeron last June concerning her forced demotion from the Deputy Manager of Aviation position. The unprecedented six-day hearing resulted in a ruling that stopped short of ordering Bourgeron’s reinstatement to the position but reinforced that the process under which she was hired was open, fair and competitive.

The hearings officer found no evidence supporting the City’s claims of favoritism and flaws in the city’s recruitment and hiring process, the actions of former aviation manager Bruce Baumgartner, or the interview panel process. The decision affirms that Ms. Bourgeron properly attained the top candidate ranking based on her own merits through an open, fair and competitive process.

Ferguson wrote in his ruling, “I find the evidence presented is not sufficient to support the proposition argued by the [City that the selection process for the position of Deputy Manager of Aviation for Marketing/Government Affairs was a sham. Appellant [Ms. Bourgeron was given a waiver of the educational requirement allowing her to compete for the position. Thereafter she followed the required procedures in the application, testing and interview process. The fact that [Ms. Bourgeron was rated first in this process is not surprising given the fact that she had been working in the position for four years. The [City provided no evidence of illegality on the part of Bruce Baumgartner in his decision to fill the position on a permanent basis, or in his desire that [Ms. Bourgeron be allowed to compete for the position. The evidence presented only shows that persons involved in the process knew each other, not a surprising fact since [Ms. Bourgeron had worked for the City of Denver since 1980, and had worked with these people in numerous capacities.”

Ms. Bourgeron’s attorneys have characterized the actions of the Board as an unfounded and aggressive campaign to discredit her and the circumstances of her promotion through leaking and disseminating of false allegations about her along with illegally releasing private personnel information to the media.

Ms. Bourgeron's attorneys request retractions of statements made by former Denver City Councilwoman Susan Barnes-Gelt, and Denver assistant city attorney Sybil Kisken, who chose to publicize improperly false accusations of misconduct concerning Ms. Bourgeron's promotion.

“The city has defended its actions to force Ms. Bourgeron’s demotion by alleging manipulation and corruption of the hiring process. The hearings officer didn’t buy it and a jury won’t either,” said Hugh Pixler, attorney for Ms. Bourgeron. “The psychological warfare campaign by the Career Service Board to attempt to break the will of Ms. Bourgeron, and pressure her to resign of her own accord, has backfired. On the contrary, Ms. Bourgeron is more determined than ever to see justice done. This case will now proceed to court for a determination of whether the Board had the authority to go outside the regular Career Service process and directly force Ms. Bourgeron's demotion.”


GREGSON AND PIXLER, P.C.
Denver Financial Center
Tower One
1775 Sherman Street Suite 1775
Denver, Colorado 80203