Investigation into Denver Fire Department comp time practices

After more than five months, a city-commissioned investigation into the use of comp time by top Denver Fire Department commanders is “nearing its conclusion,” according to a spokesperson for Denver Mayor Mike Johnston.  

The investigation began April 19, according to a city contract, and called for an outside investigator to review and report on the use of flex or comp time by DFD command staff. A CBS News Colorado investigation found Chief Desmond Fulton awarding himself hundreds of hours of comp time in the last three years for everything from attending firefighter funerals and retirement ceremonies to having dinner at fire houses and attending community events.

A review of Fulton’s work records from 2021, 2022 and 2023 showed he repeatedly racked up comp time or flex time by attending events that others viewed as being part of his job. He could then use that comp time to cover his vacations, and cash in unused vacation days at the end of each year, which he did. Denver’s municipal code appears to explicitly forbid the fire department’s executive staff from accruing comp time. The city code reads, “Division chiefs, deputy chief and the chief of the fire department who work overtime after the end of a regular shift shall not be compensated.”

Fulton has maintained he did nothing wrong and simply followed longstanding department practices. He said he supported the outside investigation. Fulton declined to be interviewed by CBS News Colorado.

In May, a spokesperson for Denver’s Manager of Safety said, “We anticipate a quick and thorough investigation … it is likely that the investigation will be completed within a few months.”

But after more than five months, the delay in releasing a report or findings has fueled social media speculation about what might be going on.

Kelly Jacobs, a spokesperson for Denver’s Manager of Safety, said Friday, “The investigation and report are not yet completed.”

She went on to say the “investigation is nearing its conclusion and will share more information as the investigation and report are finalized.”

Jordan Fuja, a spokesperson for Johnston, issued a similar statement expressing a desire “for this investigation to be thorough and complete. … It is my understanding,” said Fuja, “that the investigation and report are not yet complete, though it is nearing its conclusion, and we’ll be sure to share more once it’s finished.”

Neither Fuja nor Jacobs offered a timeline of when the investigation and report might be completed and released.