Durango resident John Simpson has become well known in town for challenging the city over perceived financial impropriety, even winning a lawsuit about transparency of financial documents last year.

But now, Simpson finds himself in the hot seat.

Durango city attorney Mark Morgan issued a cease and desist letter to Simpson on Monday, citing thousands of improper emails directed at councilors, city staff, the city manager and Morgan himself. The letter accuses Simpson of harassing city employees and officials and threatens legal action if Simpson doesn’t stop.

Separately, resident Charles “Chris” Elias filed a campaign finance violation complaint with the Colorado Secretary of State's office on Oct. 24, alleging that Simpson failed to register a political committee advocating against a city sales tax increase in 2018 and that he failed to report campaign contributions and expenditures for that committee.

As of Tuesday, the SOS’s online Transparency in Contribution and Expenditure Reporting tool, which lists political campaigns, financial reports and complaints filed, shows the status of Elias’s complaint against Simpson to be “open” and notes the complaint as “alleged.”

Elias did not respond to requests for comment.

Simpson said the campaign finance violation charges don’t worry him.

“I'm not concerned about this,” Simpson said on Wednesday.

Simpson intends to continue to address his concerns with City Council during regularly scheduled meetings, he said.

“I'll go there and speak to them and respectfully as I have forever,” he said. “I mean, you can look it over and over and over again, very respectfully. And I think they're just blowing (up) at some other issues.”

City attorney Mark Morgan said government watchdogs are essential and appreciated, but there’s a line between whistle-blowing and harassment. And he believes Simpson has crossed that line.

The cease and desist letter signed by Morgan and dated Monday demands Simpson stop “the harassment of the City of Durango and its employees, officials, and elected city leaders.”

It accuses Simpson of sending a number of inappropriate communications, including “false allegations of ill practice,” “misogynistic” and “racist statements” that accuse the city manager of nepotism; libel and slander about city officials to the media and other parties; and “meritless questioning of professional qualifications … to harass city officials.”

The city says it has documented 3,261 emails to city employees over the last 12 months, with 1,357 emails recorded over Morgan’s first five months in office and 392 unique emails with Simpson’s name attached in Morgan’s first five months serving as the city attorney, according to the letter.

“Their financial practices, you know, after never completely external financial reporting after the finance director was arrested – they still are late on their filing their financial reports to the state,” Simpson said.

On Thursday, Simpson clarified he meant the city is missing a reporting deadline required by the state of Colorado.

“I maintain the city was late completing their audit. State statutes require the audit to be submitted to the city by June 30 and the auditor signed it July 18,” he said in an email.

City spokesman Tom Sluis said financial periods have various windows, and when the city needs an extension, it simply requests one. But that wasn’t necessary in this case.

He said the state reporting deadline for local government filings is July 31.

“This form was due by July 31 and it was filed by July 18 as John acknowledges,” he said in a text message.

Simpson also said on Thursday he questions the number of emails cited in Morgan’s cease and desist letter.

“I really only have been sending emails to council and Mark Morgan the last few months,” he said. “ I can't comment on the number emails in their system with my name, because of the lawsuit I won and surely they have a lot of emails. But I only try to send emails when something is ripe for discussion, like budget or items on council agenda.”

Regarding allegations of making racist and misogynistic remarks, Simpson said he had no such intent.

Simpson said he called the city manager out on nepotism hiring former El Paso County city manager Tommy Gonzalez because the city was lacking a chief financial officer, and Simpson had questions about how the temporary positions impacted city finances.

Morgan said, “That's a veiled racist comment, because what he's saying is that all Hispanics are related. And then the misogynistic stuff comes in because he's basically accusing the CFO (chief financial officer) of not being able to stand up for herself in front of José (the city manager).”

Simpson appears ready to face the cease and desist letter. But city staff who interviewed with The Durango Herald appear ready to stand their ground as well. Simpson and staff independently said they want the city to be functional and transparent.

The city of Durango is disputing more than $21,000 in legal fees Pagosa Springs attorney Matt Roane, who’s representing Simpson, claims are owed in an open records case he won against the city in February. Roane requested payment of his attorney fees following the first favorable ruling.

Durango City Council directed Morgan to enter into negotiations “specifically relating to the legal fees involved in that matter.”

A 6th Judicial District Court judge sided with Simpson in an open records lawsuit filed in September against the city and ordered the city to make the requested financial documents publicly available.

The city is appealing the decision and fighting legal fees supposedly owed to Roane.

cburney@durangoherald.com

A previous version of this story was unclear about racist remarks allegedly made by Simpson when he accused the city manager of nepotism. The city attorney argued the claim of nepotism implies all Hispanics are related, a racist statement. And, city spokesman Tom Sluis clarified on Thursday the city simply requests an extension for filing financial documents when necessary.