Charges fly on jail vote

City worker files suit, job status is unclear

John C. Ensslin, Rocky Mountain News

Published May 20, 2005 at midnight

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The job status of Denver elections employee Fred Sandoval remained clouded Thursday while accusations continued to fly over the handling of the city justice center vote.

Sandoval is still on the payroll but not currently reporting to work, one day after he filed a federal lawsuit, the director of the election commission said Thursday.

In the meantime, six more elections workers called Mayor John Hickenlooper's office to complain about the way the election was handled.

In his suit, Sandoval alleged that the Denver County clerk tried to hold down turnout in the May 3 election by not allowing a mail ballot and by limiting voter registration sites.

But the director of the commission vigorously disputed that claim.

"The commission's reasons for conducting a polling-place election were clearly stated at the commission meeting," said Executive Director Karon Hatchett. "It had nothing to do with any of the charges that are currently being made."

It had to do with other factors such as cost and the commission's desire to use early voting sites instead of a mail-in vote, she said.

Sandoval also alleged that County Clerk Wayne Vaden tried to fire him for speaking out about the May 3 election, in which voters approved by 56 percent to 44 percent a $378 million bond project to fund a new city justice center.

Elections officials disputed the charge, contending that Sandoval quit during a heated exchange at a May 11 staff meeting.

In a May 18 letter, Hatchett accused Sandoval of making loud and sarcastic remarks and heckling a co-worker during the meeting.

And in a May 12 letter by Vaden, he quoted Sandoval as saying that he "probably does not belong" at the commission and "since I (Vaden) have the authority to fire him, I should fire him."

But Sandoval's lawyer Jack Kintzele contends that his client didn't quit. He also said Vaden didn't have the authority to terminate Sando-val. That would take a vote of the full three-member commission, Kintzele said.

Kintzele also contends that when Sandoval went to the commission office to pick up his paycheck, he was barred from entering.

Kintzele said he has represented six elections workers who called the mayor's chief of staff, Michael Bennet, to complain about the election.

Even if the city had used a mail ballot, the justice center vote probably would have passed, Kintzele said. But the employees are concerned that proper procedures were not followed, he said.

"It's a situation that needs a public view," Kintzele said. "Most of them (the elections employees) are down there because they believe in the process."

Hickenlooper's spokeswoman, Lindy Eichenbaum Lent, said the election commission is an independent agency and the mayor's office had nothing to do with how the election was run and has no say in personnel matters there.

The case

• Denver elections employee Fred Sandoval has filed a federal lawsuit alleging that the Denver County clerk tried to hold down turnout in the May 3 election by not allowing a mail ballot and by limiting voter registration sites. The director of the elections commission has vigorously disputed that claim.

• Six more elections workers called Mayor John Hickenlooper's office to complain about the way the election was handled.

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