Aurora City Council member Juan Marcano accused Council member Danielle Jurinsky of violating the city charter.
Denver-based civil rights attorney David Lane sent Aurora City Council members a warning letter Wednesday: If they move forward with an investigation that could lead to censuring one of their members, he would file a lawsuit in federal court.
Marcano said Jurinsky’s call for Wilson to be removed and her meeting with Wilson calling for Parker’s removal violates the city charter, whichemployment or appointment decisions of anyone under the city manager’s authority. “We’re legislators, not executives. Our charter prohibits us from calling for or directing the firing, or hiring employees, with the exception of the city manager, the city attorney … two other positions in our system,” Marcano said on Wednesday.
But Lane referred to the charge filed by Marcano and any potential investigation or hearing as a “bad-faith political investigation” over Jurinsky exercising her right to free speech, alleging a violation of the First Amendment of the U.S. Constitution and a violation of the state constitution. In his letter, he added that the U.S. Supreme Court has upheld public officials’ rights and employees to engage in free speech.