10th Circuit holds school district auditor was acting as employee when she made complaints to board members and thus had no First Amendment claim when she was fired.

Holub v Gdowski

Holub sued Gdowski alleging she was terminated as a school district auditor in violation of her first Amendment rights. The district court granted summary judgment to Gdowski on all federal and state law claims. The panel affirmed. It held that Holub’s presentation of concerns about district budgeting practices to board members was done in her role as an employee as raising issues of potential financial malfeasance was thus part of the ordinary and usual responsibilities her employment. Thus, her speech was unprotected and her federal claim failed. It also held that her state law claims failed because there was no genuine dispute as to whether the district terminated her for cause and the actions of Gdowski in responding to Holub’s concerns were reasonable and thus he is immune for suit under Colorado law.