WICHITA, Kan. (AP) — A federal appeals court has ruled that the “operational interests” of a city as a public employer outweigh the free speech rights of a former secretary who provided an affidavit in support of a fired police officer’s lawsuit.

The 10th Circuit Court of Appeals sided with the city of Hays.

A three-judge panel found administrative secretary Firma Helget’s disclosure of confidences in the voluntary affidavit caused her superiors to lose trust in her, undermining the department’s operations.

Helget was fired in 2012 after her affidavit saying she had been instructed to not order a ballistic vest for a police officer known for union organizing. The officer contended in a wrongful termination lawsuit the city decided not to order the vest prior to the incident used to justify his termination.

According to court documents, on Nov. 16, 2011, former Hays Police Department Officer Blaine Dryden filed a
lawsuit against the City of Hays, City Manager Toby Dougherty and then-Chief of Police James Braun. Dryden claimed that defendants had fired him in retaliation for union activities.

His complaint alleged that in early December of 2010, the city had decided not to replace his worn out
ballistics vest. This allegation was relevant because the city claimed that it fired him for an
incident which occurred in late December of 2010. Thus, the fact that the city decided in early
December not to replace Dryden’s ballistics vest supported his claim that the city’s stated reason
for firing him was a pretext.

Click HERE for the original 2015 ruling in its entirety.