Pueblo Councilor files notice of claim to sue City Attorney for damages related to October incident
PUEBLO, Colo. (KRDO) -- On March 11, at-large Pueblo City Councilor Lori Winner informed the City of Pueblo and City Attorney Dan Kogovsek of her intent to sue him for damages related to an incident on October 28, 2021.
According to the notice of claim to sue papers, the incident involved a verbal altercation between Kogovsek and Winner in an executive session meeting to discuss an ethics complaint against Pueblo Mayor Nick Gradisar.
Now, Winner claims that she has suffered physical injuries, economic loss, and emotional distress, according to the notice of claim. She is asking for a monetary amount in damages that will reasonably compensate her for the physical injuries, economic loss, and emotional distress she has suffered and will suffer.
During city councils' biweekly meeting on March 14, Mayor Gradisar informed the City of Pueblo of Councilor Winners intent to sue. He proposed to bring in an outside attorney from Boulder to investigate her complaint, legal fees that would have cost the city nearly $10,000. That proposal was voted down unanimously 6-0 with Winner recusing herself due to a conflict of interest.
Pueblo Mayor Nick Gradisar, City Attorney Dan Kogovsek, and Deputy City Attorney Robert Jagger declined to speak with KRDO regarding pending litigation.
Instead, the City of Pueblo issued this statement: "If Councilor Winner decides to proceed with claims against the City of Pueblo and City Attorney Dan Kogovsek, the claim will be reviewed and processed through the Colorado Intergovernmental Risk Sharing Agency (CIRSA). The City of Pueblo and all employees involved in the claim will assist with any follow-up or information requested to address the claim."
Winner claims that her intent to sue stemmed from a nearly 20-minute exchange during the previous City Council meeting on February 28th. The exchange was during public comment between Council Members Regina Maestri, President Heather Graham, Dennis Flores, Larry Atencio, Lori Winner, and Mayor Nick Gradisar.
Maestri was calling for a formal Human Resources investigation to be undertaken stating that her constituents were asking her questions regarding Councilor Winners police report.
"Who conducted a formal investigation into Councilor Winners complaint," Maestri asked.
"Colorado Supreme Court did," Mayor Gradisar said.
"Can we put forth a resolution or something to have this investigated besides the mayor investigating it," Council President Heather Graham asked.
Winner stated her decision to contact the Colorado Supreme Court was one phone call and was never investigated by a committee.
Gradisar added that the police report, filed by Winner, was investigated by the Pueblo Police Department, and no charges were deemed necessary.
Gradisar said he looked at the complaint but never stated that there was a formal HR investigation done since they were made aware of her complaint with HR in late December.
"She wants to get rid of Dan Kogovsek, that's not going to happen," Gradisar said. "If she feels like she needs some remedy to this, she can file a lawsuit against the City Attorney. I mean that is the appropriate remedy. If she feels like she was threatened, damaged, harmed that's what she should do."
Winner tells KRDO she would have never sought a lawsuit if a formal HR investigation was done.
"Any reasonable person would have taken this to HR immediately and that's originally what I was requesting," Winner said. "It was to protect the city and to protect themselves so that this is handled correctly."
"The Mayor advised me to seek an attorney, and that is what I have done," Winner said."
In a separate correspondence letter to the city Winners' attorney says, "be advised that Councilor Winner is in the process of filing a Charge of Discrimination with the Colorado Civil Rights Division asserting claims of gender discrimination arising out of the October 28, 2021, City Council meeting, its aftermath, and her request for an investigation into what occurred at that meeting."
City of Pueblo response
Wednesday afternoon after the publishing of this article, the City of Pueblo responded to the potential filing by Winner. According to the city, the possible lawsuit is the result of an ongoing, "seemingly unresolved issue of an event from Oct. 28, 2021," between Winner and Kogovsek. The city says the incident lasted "approximately 30 seconds."
Below is a timeline of events according to the City of Pueblo:
- Dec. 8, 2021:
- Chief of Police Chris Noeller received a call from Winner regarding the interaction with Kogovesk. After listening to the claims, Noeller suggest Winner file a complaint with Human Resources as it is a "workplace issue."
- Winner contacted City of Pueblo Human Resources to submit a verbal complaint. Winner had previously filed a claim with the Colorado Supreme Court Office for Disciplinary Counsel, which determined not to take any action.
- Dec. 9, 2021:
- Winner followed with a written complaint to HR, which was forwarded to Mayor Nick Gradisar
- Dec. 22, 2021:
- Gradisar follwed up with Winner in an email, I have reviewed the recording of the meeting and I was present. Nothing in the recorded minutes supports your claims.” Gradisar concluded the email with, “In your complaint you did not request that any action be taken. I have spoken with Mr. Kogovsek about this incident, and he understands that all interactions and communications must be done in a respectful and professional manner. Your complaint will remain on file in the Human Resources office, but no further action will be taken, and the matter will be considered closed.”
- Dec. 29, 2021:
- Winner submitted a report with the Pueblo Police Department. The Crimes Against Persons unit investigated the report, Noeller said no criminal activity was found.
- Jan. 20, 2022:
- Fellow City Council members received additional follow up from Winner and former City Council member Mark Aliff. Council asked Gradisar to further investigate the HR complaint.
- Feb. 14, 2022:
- City Council members followed up again with Gradisar, asking HR to review the complaint. The city says it was suggested that the complaint be suggested by HR, however, Gradisar suggested it be dropped as he had already concluded the claim.
- Feb. 23, 2022:
- In a letter, former City Council member Bob Schilling, who witnessed the interaction, called Winner's claim "pure bologna" and "In no way was Dan Kogevsek threatening, intimidating or in her face."
- A letter from former City Council member Zolanye McCulley-Bachicha which said, "On October 28, 2021, we entered into executive session following the public meeting. When I entered the room Mr. Dan Kogovsek and Council woman Lori Winner were sitting as well as everyone else. I was unaware of any physical threats as I did not witness any."
- Gradisar suggested if City Council wanted further investigation that an outside agency and neutral third party be involved.
- According to officials, the City of Pueblo HR seeks out independent investigation for "particularly sensitive claims. so this suggestion is common practice."
- March 10, 2022:
- It was proposed and included in the City Council agenda released to the public that City Council would vote to seek outside counsel for investigation of the claims.
- March 11, 2022:
- City of Pueblo was notified Winner sought outside counsel representing herself and intended to proceed with a lawsuit against the City of Pueblo and Kogovsek.
- March 14, 2022
- At the City Council meeting, the proposed agenda item to seek outside counsel to investigate Winner's claims was voted against by all six council members who were included in the voting process.
