John Rebchook is a former Rocky Mountain News reporter with more than 30 years of experience in writing and communications... 
Erin Toll's legal battle with her boss continues.
If you thought the gloves were off between Erin Toll, and her boss, Barbara Kelley, you were correct.
On Thursday, InsideRealEstateNews.com reported that Toll had filed a second whistle-blower complaint against Kelley, the head of the Department or Regulatory Agencies. DORA is the umbrella group for the Division of Real Estate, and Kelley in March placed Toll on involuntary, paid leave of absence. (For that story, please visit Toll loses round.)
On Monday, Kelley denied six requests from Toll, which Toll is appealing.
Among other things, Toll asked for a “public apology” from Kelley, which she isn’t giving. She also won’t pay Toll’s legal fees to Evergreen lawyer William Finger. While the cost wasn’t revealed in the filing, sources say an attorney such as Finger could cost in the neighborhood of $400 per hour. As InsideRealEstateNew first reported, the state is paying a private attorney $200 per hour in DORA’s case legal fight with Toll. (For more on that issue, please read State hires private attorney.)
Toll gagged
“The Executive Director Barbara Kelley has acted in a manner that I believe to be arbitrary, capricious, improper and contrary to law,” Toll said in her appeal filed with the State Personnel System. “She has attempted to usurp my powers through putting me on administrative suspension/leave. She has gagged me with orders that I cannot give information to the press, that I cannot appear at the legislature, that I cannot communicate with the governor’s office and that I cannot communicate with Department employees. I am threatened with disciplinary action if I disobey.This is a violation of my rights under state statue. It also is a violation of constitutional rights relating to free speech, redress of grievance and freedom of association.”
She also clams that Kelley, or her office, released confidential personal information about her without her authority or permission.
Character assassination charged
“The Executive Director is waging a war of character assassination or destruction in an attempt to usurp power and run me out of my position,” Toll wrote.
Toll also is “grieving the action” of Kelley retracting Toll’s position that she was investigating Sen. Ted Harvey, R-Highlands Ranch. Harvey is a mortgage broker with American Home Funding, which Toll was investigating for alleged misleading advertising.
Kelley: Toll’s handling of Harvey way out of line
Some of Kelley’s harshest statements were reserved for Toll’s handling of Harvey.
Kelley wrote that the basis for Toll investigating Harvey was “determined to be factually inaccurate; demonstrated poor professional judgment; and was a release of information (true or false) that possibly violated the Department’s Media Policy.” Kelley said that Harvey has “not been and is not now the subject of any investigation,” by the real estate division.
Kelley went on to write that Toll showed a “conflict of interest” regarding Harvey, “as well as creating the risk for damaged credibility of the Division of Real Estate” and DORA.
“This is particularly significant in light of very specific information by the Division of Real Estate to federal authorities wherein the stated subject of the complaint was not Senator Harvey. As such, the directive to issue an official Division statement on the matter was well within the authority of the Executive Director, and was a reasonable effort to control the potential ramifications and consequences of the original statement made by Ms. Toll.” Harvey could not immediately be reached for comment.
Toll also said that Kelley killed the investigation of American Home Funding, which she denied. In fact, Kelley said that the the complaint against the company on March 3, “has proceeded, unabated.”
Kelley also denied Toll’s request to be returned to her position with “full power and authority.” Kelley did say that while the”‘range of decisions and courses of actions may include a return to the position, it is premature to make any such decision at this time,” while Toll is being investigated by DORA.
No apology
Toll also requested a “full public apology” for “improperly releasing personnel information.”
Kelley responded by saying she does not find any evidence to support that allegation.
“Therefore, a “full public apology” is not warranted and the request for relief is denied.”
Contact John Rebchook at JRCHOOK@gmail.com or 303-945-6865
Toll and the department of real estate are a joke. Who does this control freak think she is?
Toll keeps referring to wanting back her “full power and authority”. It indicates her egocentric nature; Merriam-Webster’s Dictionary defines egocentric as: “concerned with the individual rather than society”. Pure and simple; she is a power freak. She definitely does not have the right personality or character to be a minion in state government. As they say in baseball, “Throw the bum out.”
Toll is now CRYING about the very tactics which she has mastered being used against her. How you like them apples, Mizz Toll?!?!? LOL you desevre every bit of it.
“The Executive Director Barbara Kelley has acted in a manner that I believe to be arbitrary, capricious, improper and contrary to law,” Toll said in her appeal filed with the State Personnel System. “She has attempted to usurp my powers through putting me on administrative suspension/leave. She has gagged me with orders that I cannot give information to the press, that I cannot appear at the legislature, that I cannot communicate with the governor’s office and that I cannot communicate with Department employees. I am threatened with disciplinary action if I disobey.This is a violation of my rights under state statue. It also is a violation of constitutional rights relating to free speech, redress of grievance and freedom of association.”
She also clams that Kelley, or her office, released confidential personal information about her without her authority or permission.
“The Executive Director is waging a war of character assassination or destruction in an attempt to usurp power and run me out of my position,” Toll wrote.
OK, so now the lawyers are getting $600.00 an hour for this travesty. I guess the lawyers will win, considering that Toll is on paid leave and using the money being paid to her by the State to sue the State. Under Toll’s stated position (which as it turns out, is untrue with regard to Harvey) I tthink Harvey should jump in and get his $600.00 an hour attorney to fila a suit against DORA for potential damage to his reputation to wit: false or inacurate statements made by Toll as well as creating the risk for damaged credibility of Sen Harvey. All of this smoke and mirrors just ensures that Toll was unqualified for the position she held (or holds) and is more concerned about her own ego than anything else
“The Executive Director is waging a war of character assassination or destruction in an attempt to usurp power and run me out of my position”
Toll waged this same war against countless victims of her unabated 4 year witch hunt. She will now reap what she sowed and apparently, she doesn’t much care for it. I’m sure in her case though it’s “different”
Perry G.
I don’t think you mathematically can say that lawyers are getting $600.00 an hour. We know the private attorney replacing the attorney general is receiving $200.00 per hour, and sources estimate a private attorney representing Erin Toll is likely being paid in the neighbohood of $400.00 per hour. But you can’t add them and come up with $600.00 per hour, as neither of them is being paid that much. If you assumed the $400.00 number is correct, then the average of the two attorneys would be $300.00 per hour. I am not, of course, addressing any other point of your letter. Thanks for reading.
John
hey john,
in my world if one is getting 400 an hour, and one is getting 200 an hour. that’s 600 an hour. i did not state that they were working 40 hours a week or estimate thier final bill. i don’t think that the attorneys will total thier fee sheets and “average” them out so that they can be evenly split. i don’t think toll’s attorney would be too pleased that you knocked $100 an hour off of his fees. 600 an hour, is 600 an hour. the simple fact is, neither one of theses attorneys should be collecting any fees based on Toll’s frivolous action. it should have been dismissed with prejudice and Toll should be sent on her way. of course, in her lawsuit i’m sure she’ll be asking for her attorney fees to be paid by DORA. assuming she wins and her attoeney fees are granted, it will total $600 an hour, not 1/2
Perry: If you have inside knowledge that Harvey’s lawyer is being paid $600 an hour, that’s one thing. Otherwise, how can you see a $400 an hour fee from one side and a $200 an hour fee from the other side and assume that each lawyer is getting paid $600 an hour?
i didn’t say harvey had a lawyer and i never said each lawyer was getting 600 an hour