[Editor’s note: Town Administrator Travis Machalek contacted the Estes Valley Voice after this story was published to clarify that the settlement money for former Caleb Robertson was paid by Colorado Intergovernmental Risk Sharing Agency, the town’s insurance carrier. The cutline on the graphic image was corrected to reflect this clarification.]
The Town of Estes Park entered into a release and separation agreement Aug. 22 with Caleb Robertson, a police sergeant who had been placed on administrative leave 11 months ago by the former police chief, David Hayes.
According to the terms of the agreement, a copy of which was shared with the Estes Valley Voice by the Town, Robertson, a 15-year veteran of the Estes Park Police Department, was paid a gross sum of $100,000 “for resolution of any claims involving” the Town.
Robertson was allowed to retire from his employment effective Aug. 22 “in lieu of the Town proceeding to conclusion” in a pending disciplinary process.
He was also paid $1,915.81 of his remaining paid administrative leave and $23,408.78 of accrued but unused leave less deductions and withholdings.
The terms of the agreement, worked out through mediation, stipulated that the Town would procure a retired officer badge and permit Robertson to go on the radio and conduct a final end of watch sign off. Robertson had his official end of watch sign off on Sept. 3. According to the Law Enforcement Officers Safety Act, a retired officer who has retired in good standing and possesses a retired officer’s badge can carry a concealed firearm regardless of state or local laws. There are a few federal exceptions to this rule.
Robertson was required to withdraw and close a discrimination and retaliation complaint he had made against the town and the former police chief with the Colorado Civil Rights Division and the U.S. Equal Employment Opportunity Commission.
The terms of the agreement further stipulates that Robertson acknowledges that the Town denies that it owes him anything, that there is a bona fide dispute between him and the Town, and that in accepting the terms of the release and separation agreement, Robertson waived any right to further consideration, damages, attorney fees or court costs, and that he agreed that he “has been full compensated for all claims” related to this matter.
The release agreement states that the Town denies “liability or wrongdoing on their part” and that this release agreement “is not to be construed, in any way, as an admission of liability, but is only settlement done for economic reasons.”
During the time Robertson was on administrative leave, he was paid his full salary and received $98,661.77, which did not include any vacation, sick, or holiday pay.
The Town has also paid a $5,000 deductible to the Colorado Intergovernmental Risk Sharing Agency, its insurance carrier, which handled expenses related to the Town’s legal representation. CIRSA retained the law firm of Nathan, Dumm, Mayer to represent it in this matter.
During the time Hayes served as the chief of police, four Estes Park Police Department employees were placed on paid administrative leave pending investigations. In all, between 2023 and 2024, these employees were paid $172,756.86 while on administrative leave. This did not include any vacation, sick, or holiday pay.
One of the employees who was placed on administrative leave and then was released from his position, former Deputy Police Chief Jim Hughes, appealed his firing. That process cost the town a $5,000 deductible paid to CIRSA related to legal representation in addition to $8,887.50 to hire a third-party hearing officer to preside at the appeal hearing.
In addition to the $117,000 paid in the separation agreement to Hayes, who held the position of police chief for 13 months, he was given insurance and other professional membership benefit payments for an additional six months after he left the chief’s job.
Opinion: Egregious mess!
Sgt. Robertson was an honorable law enforcement officer; and had this writer known that Robertson was being treated in this manner- evidence going to questions about Hayes would have been given to his Counsel!
Had former Police Chief Hayes NOT been hired- the Town might have a few more dollars in their pocket!
Former Police Chief Hayes was allegedly a question going into the hiring process.
There were allegedly concerns, raised by residents, about his character and alleged business practices.
Had these issues been visited in the hiring process- the problematic outcome may have been avoided.
Just because the Town “didn’t have any evidence of Mr. Hayes wrongdoing”; was no excuse for not allegedly background checking anything that presented as a red flag going to hiring.
CIRSA needs a Federal review- as they were also allegedly instrumental in the 2012 Woodland Heights Fire incident cover up- and punting liability onto [fire affected homeowners] insurance carriers.
Policies were then dropped; and likely the causation going to the current difficulty of new policies not being written in this area!
So once again- a good person [Sgt. Robertson] is lost to a Town that has bullet hole ridden feet!
Imagine getting someone drunk, giving them their car keys, then claiming no responsibility for a crash. Insurance pays 100k in hush money to make the victim go away and you’re no longer responsible.
It’s kinda like that. The victim, Sgt. Robertson, was the whistle blower who went to the Town Administrator with concerns about Hayes and made it clear that employees were being targeted. It wasn’t kept confidential, Hayes knew Sgt. Robertson was the one who got the ball rolling to get him out the door.
Hayes was allowed to keep the launch keys for two months after being fired and it was during that time that he retaliated against Sgt. Robertson. He took a bullet in the back for his department.
The Town to only had pay an insurance deductible to wash their hands of liability, of course it was a good economic decision, they got a bargain bailout.
No accountability, and they lost a great leader.