Charlie Kirk posts at center of $75K payout in El Dorado County disciplinary case
El Dorado County opened its checkbook for a former employee in February, paying her $75,000 to resign as part of a settlement agreement stemming from a disciplinary investigation.
The employee, former Public Health Director Jennifer Byrne, also received more than $59,000 in administrative leave pay, according to County Auditor-Controller Joe Harn, bringing the total cost to taxpayers to about $134,000.
Byrne was placed on paid administrative leave in late September — nine days after a resident accused her of posting inappropriate content on Instagram about conservative activist Charlie Kirk’s death, according to an email the resident sent to the county that was obtained by The Sacramento Bee.
“To be in a public position responsible for the ‘health and safety’ of her community, but to hold such radical and truly disgusting beliefs that she would encourage, trivialize, celebrate and even victim-blame in such a tragic event, completely undermines her credibility and proves she is unfit for duty,” the email states.
Kirk, a founder of Turning Point USA, was fatally shot last September during a speaking engagement at Utah Valley University.
Byrne was notified in early November of the county’s intent to terminate her employment. She signed a settlement agreement about three months later.
El Dorado County has not disclosed what allegations sparked the disciplinary investigation. The settlement requires the county to place Byrne’s termination notice in a sealed envelope that can only be opened for eligible litigation or administrative proceedings. The agreement also guarantees her a neutral reference for prospective employers.
The county withdrew disciplinary measures, including its notice of intent to terminate, as part of the settlement agreement. Byrne, who was hired in December 2023 to oversee programs including tobacco use prevention, said the allegations were not proven and that she was surprised by the termination notice because she received positive reviews before the investigation.
“I chose to resolve the matter through a settlement agreement and voluntarily resigned because I did nothing wrong and no longer believed the County could provide the professional work environment I expected,” Byrne wrote in a statement. “I remain proud of my service to the County and the positive impact I made on the community.”
What did Byrne say about Charlie Kirk?
Byrne shared two Instagram posts to her story feed — a feature that allows users to temporarily share content already posted on the social media platform — which were included as screenshots in the complaint email and reviewed by The Bee.
One of the shared items was from the satire account Reductress depicting a photo of Kirk coupled with text of “Sad! Politicians Denounce Political Violence that Man Worked so Hard to Build.”
The other depicts a Newsweek headline from April 2023 reading “Charlie Kirk Says Gun Deaths ‘Unfortunately’ Worth it to Keep 2nd Amendment.” That same article was referenced in a separate social media dispute involving a professor at Austin Peay State University, who later received a $500,000 settlement after being fired, according to The Tennessean newspaper.
Byrne did not write additional commentary on her Instagram stories beyond what was included in the two posts she shared, according to the screenshots. She did not directly say how she felt about Kirk or his death.
When asked about the screenshots this week, Byrne denounced political violence.
“I abhor gun violence and condemn the horrific assassination of Charlie Kirk,” Byrne wrote. “No one should ever be targeted because of their political beliefs.”
A related Supreme Court precedent
Cases involving public employee speech are often considered risky for government agencies because of a Supreme Court ruling issued after the assassination attempt on former President Ronald Reagan.
In that case, Rankin v. McPherson, a county employee in Texas said, “If they go for him again, I hope they get him.” The comment resulted in the employee being fired, but the Supreme Court ruled in a 5-4 decision that the firing violated the employee’s First Amendment rights.
This decision makes it difficult to fire a public employee unless the action would limit their ability to execute work duties, according to Erwin Chemerinsky, dean of UC Berkeley’s School of Law.
“The Supreme Court has said that speech by government employees is protected if it involves a matter of public concern and if the speech interests involved outweigh the government’s interests,” Chemerinsky said.
When asked about the general use of employee settlement agreements, Board of Supervisors Chair Brooke Laine said legal risks are considered when settlements are negotiated. El Dorado County has settled eight employee disciplinary cases since 2020.
Byrne’s case is the most costly employee settlement arising from disciplinary allegations during that period. The only other disciplinary settlement to include severance pay was a $2,500 payment in July 2020.
“If the settlement’s high, the risk could have been higher,” said Laine, who declined to speak specifically about Byrne’s case, citing it as a personnel matter.
The ability to successfully defend a potential lawsuit is not the only risk considered, according to county spokesperson Carla Hass, who said officials also consider attorney fees and staff time.
“The county’s recently passed budget attests to this responsible stewardship,” Hass wrote in a statement.
