Cascade of events led to Hutto's resignation

Amid a series of high-profile firestorms, Fort Collins Police Chief John Hutto announced on Tuesday plans to step down after five years at the department's helm.

During his tenure as chief, Hutto led the department through an expansion of body-mounted camera technology. He was chief when the disgraced officer at the center Timothy Masters' wrongful conviction for the murder of Peggy Hettrick resigned. And as issues of population growth compounded, Fort Collins remained a destination under his watch, in part due to low violent crime rates.

But in recent months, his department has been embroiled in damaging criminal and civil cases involving allegations of racial discrimination and excessive force.

Most recently, top brass, including Hutto, were involved in an internal racial and ethnic discrimination lawsuit that resulted in a $425,000 settlement. That's in addition to a separate $150,000 settlement reached earlier this year amid allegations of an officer's use of excessive force. The icing on the cake came earlier this month when an international public relations nightmare arose out of an arrest in Old Town Fort Collins.

Those closest to the situation don't point to one single event as the rationale for Hutto's resignation. Rather, a cascade of events contrary to the image of law enforcement Fort Collins leaders — and any number of police officers past and present — have long embraced is likely to blame.

“It was a wise and thoughtful decision and important to do," said Councilman Ray Martinez, a former Fort Collins officer who said Tuesday the timing was right for Hutto's resignation. “It’s best for the future of the organization.”

Hutto's last day as Fort Collins Police Services chief will be May 12.

Hired in 2011 after 26 years with the City of Austin (Texas) Police Department, Hutto took over from Chief Dennis Harrison, who resigned in April 2011 after 14 years at the helm of FCPS. Prior to Harrison, Chief Fred Rainquet was chief from 1991 to 1996.

Upon being hired, Hutto said he found Fort Collins police to be an "outstanding department in virtually every way," adding that he wasn’t planning major changes, according to Coloradoan archives.

"The worst thing a new leader can do is come in and make wholesale changes," he said at the time.

But based on court records and interviews with multiple police department employees, that lack of change — some might even call it complacency — came at a price and ultimately played some role in the turmoil that preceded Hutto's resignation.

Two minority police officers — one past and one present — filed a lawsuit last year in U.S. District Court alleging FCPS superiors (particularly Sgt. Gary Shaklee and former Deputy Chief Donald Vagge) excessively singled out minority officers for disciplinary procedures. They also alleged Hispanic cops were passed over for promotions despite their qualifications and high test marks.

The suit criticized years alleged inaction by Hutto, and that of his predecessors, in addressing discriminatory and retaliatory issues plaguing the department. The city settled the matter in January for $425,000, and all claims against Vagge and Shaklee were dismissed, as were claims against Fort Collins.

Those costs were on top of at least $157,000 in legal fees and the costs of subsequent investigations.

Nobody admitted to any wrongdoing.

As part of that agreement, Fort Collins agreed to examine the issues raised in the lawsuit and implement new systems to ensure cross-departmental accountability — to right the course where it was perceived to have gone astray.

Until Tuesday’s resignation announcement, it was unclear who, if anyone, would leave FCPS as a result of the litigation.

“The only way to really address these long-term systemic race discrimination issues is to make changes at the top of that administration. And that is what the city manager appears to be doing,” said Qusair Mohamedbhai, who represented the two officers allegedly discriminated against, in a telephone interview Tuesday. “We applaud Fort Collins for holding individuals accountable.”

Shaklee has been on paid administrative leave since Jan. 24. Assistant Chief Jerry Schiager, named in the lawsuit for allegedly unfairly treating subordinates, has been on paid administrative leave since Feb. 7.

Their future within the department remains unclear.

"Each situation is unique," City Manager Darin Atteberry said. "We are working to complete the investigations as quickly as possible, while ensuring that they are thorough and fair. Once the investigations are complete we’ll make a determination."

As part of the discrimination and retaliation settlement agreement, signed in January, the department and the city have been working to implement a series of changes addressing issues and concerns brought to light.

Timeline: Hutto's tenure as Fort Collins police chief

Most recently, focus groups and surveys have gone out to staffers, and those with the local chapter of the Fraternal Order of Police had expressed cautious optimism about the ongoing efforts.

"The FOP wishes Chief Hutto the best in his future endeavor," the group said Tuesday. "As the city begins its search for a replacement chief, the FOP hopes to have an opportunity to participate in the process and ultimately forge a relationship with the next chief of police that allows the work of repairing and healing our department to continue."

Hutto earned $173,473 in 2016, records show. His next steps are unclear.

Several of the agency's roughly 200 sworn officers on Tuesday told the Coloradoan they were surprised to learn of Hutto’s resignation. While some said the writing was on the wall, almost all said they were surprised at the timing. Official word had been that investigations were ongoing.

Amid the fallout of that lawsuit, the city announced that it had reached a $150,000 settlement with a man who claimed that  Officer Aaron Westby illegally entered his house and assaulted him. Westby remains on paid leave pending the completion of an internal investigation.

Then came the nine-second bystander video that went viral online April 8 and showed Fort Collins Officer Randall Klamser throwing 22-year-old Michaella Surat face-first to the brick pavers in Old Town.

The incident further marred Hutto and others in controversy about excessive force, and it served as another blemish on a department that rarely finds itself the subject of bad press — especially on the national stage. Hutto has vowed to release the body-mounted camera footage from that night and has ordered a series of investigations while the officer has been placed on paid administrative leave.

"The investigation will continue on its course as previously indicated, and our intention is still to release the videos at the conclusion of the process," the department said Tuesday afternoon.

With Hutto stepping down, the city’s No. 2 cop on leave and the recent retirement of another deputy chief, the compounding effects are being most felt in the department’s upper levels, sources said.

Many officers said divisions are becoming more apparent with most officers wanting to do their work and insulate themselves from the drama occurring above their pay grades.

Atteberry hired Hutto in 2011 and was his direct supervisor. He said they reached the resignation decision "jointly" through discussions about the department's future.

"The last several months, including recent weeks, have been challenging for police services, and something that Chief Hutto and I certainly both took into consideration as we made this joint decision," Atteberry said in a statement to the Coloradoan.

"However, as I reflect on his service, it is in the much larger context of the significant accomplishments Fort Collins Police Services has achieved under his leadership and the positive impact he’s made on our community."

He lauded Hutto's efforts in achieving Colorado Association of Chiefs of Police (CACP) accreditation for Fort Collins Police Services, establishing the Neighborhood Enforcement Team (NET), significantly enhancing community outreach, and fostering a partnership with the City of Loveland for a Joint Police Training Facility.

The city is undertaking efforts to find someone from outside the agency to serve as the interim chief while a nationwide search for Hutto's replacement is conducted. Atteberry said every effort would be made to have an interim chief in place by May 12.

Internal candidates will have the option to apply for the full-time replacement spot at a later date.

“It has been my privilege to serve the citizens of Fort Collins as your Chief of Police. Fort Collins Police Services has a proud tradition of excellent service and commitment, and together we have accomplished much," Hutto said in a written statement. "FCPS has faced some significant challenges over the past year and a half, and I believe the organization will benefit from new ideas and a fresh perspective ..."

Reporter Jason Pohl covers law enforcement for the Coloradoan. Follow him on Twitter: @pohl_jason.