Erin Toll claims her constitutional rights have been violated.
Erin Toll today filed a lawsuit in Denver District Court against her boss, Barbara J. Kelley, claiming that her Constitutional rights have been violated. Chris Lines, spokesman for the Department of Regulatory Agencies, which Kelley heads, also was named in the lawsuit.
“Ms. Toll’s rights…have been taken by Defendant Kelley through arbitrary and capricious enactments of restrictions on Ms. Toll without any due process of law,” according to the suit filed by her attorney, Bill Finger. The suit also says that Kelley has refused to meet “face-to-face” to settle the matter. The ban has now exceeded 45 days. “The duration of the ban and taking of Ms. Toll’s constitutional rights are unnecessary and unwanted and are not momentary based upon emergency or immediate need,” according to the lawsuit.
On March 16, Kelley placed Toll on involuntary leave with pay, or administrative suspension, as the director of the real estate division. Toll is paid slightly less than $115,000 annually, according to DORA records. When placed on administrative leave, Kelley also instructed Toll that she could only make limited comments to the press, and was banned from speaking with employees at the real estate division. Being banned from speaking with fellow employees was a “a total blanket ban on association and speech,” according to the suit. Kelly “threatened Toll with potential discipline,” if she violated the terms, according to the lawsuit.
Barred from speaking to legislators, governor
“Worse yet,” the suit states, on April 20, Kelley banned Toll from speaking at testifying at the state legislature or communicating with Gov. Bill Ritter, according to the suit. The legislature recently passed a bill, waiting Ritter’s signature, which would basically make DORA in charge of the division, instead of it being an autonomous division. The suit also contends that DORA released incomplete information to the press at times. DORA also released to the press an e-mail exchange between her and former division employee Zachary Urban. In the wake of a public dispute with Sen. Ted Harvey, R-Highlands Ranch, Toll wrote Urban that her “ego is a bit bruised” but that it was “nothing a little yoga and responsive action to an attack won’t mend.” The suit says that DORA’s ”purpose of intent of disclosing the Urban e-mail to the public media was to create a negative image of Ms. Toll. The disclosure of the Urban e-mail was done in bad faith given that Ms. Toll was prohibited from commenting on the document.” She said she did not know of it, until the evening before the Denver Post included it in a story. The story ran on the front page of the paper on May 4. Reportedly, the Post plans another large article about Toll this Sunday.
Toll wants to speak to the press
The suit is seeking “injunctive relief” against Kelley, which would enjoin her from enforcing the prohibitions against Toll, including the ban on communicating with employees of DORA and the real estate division; communicating and testifying with legislators or the governor and his office, and ” Ms. Toll from talking to the press or communicating with the press.” She also wants to be able to enter the building occupied by DORA, which includes public and private offices, and even a restaurant.
The building includes the office of attorney regulations, so she cannot enter it to even pay her annual dues as an attorney. It also includes the Civil Rights Division, and she is barred from going to the office “for the filing of a discrimination complaint.” Toll already has filed a whistle-blower complaint with a state office against DORA and Kelley. Her initial request to be re-instated with her full authority has been rejected by an administrative law judge and by Kelley, decisions she has appealed. She is awaiting a decision on her appeal.
Both a DORA spokeswoman and Toll’s lawyer declines to comment. Earlier, the Colorado Attorney General argued that it was standard practice to bar a person being investigated by a department to speak to the press or fellow employees, while the investigation is ongoing. Toll was placed on leave in the wake of publicly talking about an investigation of American Home Funding and one of its mortgage brokers, Sen. Harvey. DORA later issued a statement saying that Harvey was not being investigated, and had never been the subject of an investigation.
Contact John Rebchook at JRCHOOK@gmail.com or 303-945-6865.
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The suit also contends that DORA released incomplete information to the press at times.
Hmmmmmm kind of like what T(r)oll did to her victims. With each dose of her own medicine or tactic T(r)oll seems to bitch and moan! You think she would be ok with it seeing how she used it…no perfected it on so many people!
This is all about T(r)oll and her ego. The state should give Finger the finger ask the Governor to remove Toll permanently or find a way to be done with this for good.
[...] according to InsideRealEstateNews, which reports that the suit claims Toll was pushed aside without “any due process of [...]
It sounds like Kelley needs to lose her job! I understand that Toll may need to face punitive damages, but Kelley appears to be overreaching her bounds now. Ritter – fire Kelley and punish Toll. Let's move forward.
So Kelly should be fired for grievances far less than those of Toll but Toll should only be punished? That makes no sense whatsoever!
Kelly is simply treating Toll with the same tactics that Toll used on hundreds of people. She should have no issue with any of this! The fact she is crying the same cries as her victims is even more sickening!
Kelly for Gov!
It would seem to me that the charges laid out by Toll against Kelley are 1) explained, 2) logical, and 3) deserve review and response. Furthermore, it looks to me like Kelley is reaching for a power grab and has silenced the main contender to the discussion. How about I duct tape your mouth and hands and then steal your wallet? Should I be kicked out of office for that line of action? As for Toll, punitive measures may be necessary. Firing perhaps. And yet, wait, I still don't know what the formal charges are against Toll, Toll has not been allowed to respond publicly or privately, and it would appear that the actions taken against Toll are political and not performance based.
toll is being treated far better than she ever treated anyone she investigated. the fact that she is on paid leave after lying about the investigation. publicly making false statements about investigations and attacking people to sooth her bruised ego is an insult, especially considering that she is using the money paid to her by the state to sue the state, of course her attorney is going to ask for his fees to be paid by the state as well., this is nothing more than toll being caught with her hands down someone's pants and claiming they shoved her hand down there. FIRE HER OUTRIGHT, since she is sueing anyway, at least it won't be with the money she is collecting while she is on "paid leave". Ms Toll didn't need any statements released by DORA to tarnish her reputation as an egomaniacal, self serving zealot who would bash in any one's head to see her name in the news or her picture in the papers. GET RID OF HER NOW. funny how she doesn't want the rules applied to her
right on!!!! your every point is observation, correct, pointed, and proper! ms toll is being funded via paid leave–at least ms toll has funding for her complaint process where the others she targeted –they had to pay out of pocket! governor—the squeey wheel needs to be fired not paid!
"It would seem to me that the charges laid out by Toll against Kelley are 1) explained, 2) logical, and 3) deserve review and response. "
simon,
put down the crack pipe and read the article. she only opened a complaint after having a "heated discussion" with sen harvey. i'm not buying the "i told someone else to open the investigation prior to that date and they failed to do it". even if that were true, it only discloses Toll's inability to perform her job and delegate authority to her own staff. because she is too busy conducting her witch hunts.
if you truly think that her explanations explained, logical and deserve review you are either her parent, sleeping with her or are in danger of losing your job if she loses hers. there is nothing logical or explained other than Toll doesn't know when to keep her mouth shut, especially when it opens to bite the hand that feeds her. harvey was NEVER the subject of an investigation and american home funding wasn't oficially under investigation until the day after she announced that they were currently under investigation. good riddance to her, maybe she can get a job as governor of alaska?
You couldn't be more wrong. They only folks I have run into who talk as you do were crooks put out of the industry by Toll or friends of theirs.
Which is it?
Those with nothing to hide, hide nothing.
wrong on both counts. i have neither been put out of the industry and i am friends with no one put out of the industry.
toll is a self serving witch hunter crying the loudest. much like mccarthy, she was brought down by her own tactics and methodology. the FACTS are harvey was never under under investigation or the subject of an investigation as toll stated, which is why she was placed on leave, period. now she is attempting to throw the blame on her subordinates, through her attorney. she attempted to file a whistle blower complaint (thrown out) and wants to file a discrimination complaint, all while she is being paid to sit home … (while on her paid leave 115K annual salary) and accuse everybody of everything so she and her high priced attorney can bleed the state dry with frivolous lawsuits before she slides into oblivion. and, in response to your statement that, "Those with nothing to hide, hide nothing". those with the most to hide, try to divert the attention from themselves and accuse other people of every type of wrongdoing they can think of, usually before they are totally exposed and in an indefensible position. toll is all smoke and mirrors
ms toll has continued to mis-use her power–again and again…justification on any level is inappropriate.
Erin Toll is out of order (smacking the gavel over and over and over)! She is a despicable disgrace to the office she holds and should be fired immediately…our tax dollars are paying for this hypocrisy. Barbara is doing the right thing for Colorado; Erin is giving the Finger to all of us. Things didn't go her way, so she's causing as much damage as she possibly can…just like a two year old having a tantrum. Erin should grow up and end this insanity and try to salvage some of her dignity already. She's just proving Barbara and Ted right; she was not the right choice for the job, she is not a team player, she is not a professional; she's an embarrassment!
of course this is all withstanding the FACT that Ms toll had no experience in real estate, appraisals or mortgages. she herself stated in a deposition that she didn't even know how to read an appraisal report. On that note, maybe the folks that appointed her as well as encouraged her for the 4 years she has terrified and denigrated the industry should join the ranks of the unemployed as well. she certainly can't be held solely accountable. she should have been knocked down a few notches when she started and maybe this wouldn't have gotten so out of control. it seems as though all of her colleagues knew she was a power grabbing, self serving meglomaniac