Ridgefield to pay fired cop $200K Fired Policeman sues Vanouver Former head of agency on aging sues Whistle-blower suit set in motion City to settle with ex-worker Whistleblower at GPM Fired after Reporting Serious Safety Concerns Ridgefield to pay fired cop $200K
DON HAMILTON Columbian staff writer
February 16, 2008;
The city of Ridgefield has agreed to pay former police Sgt. Randy Ostrander $200,000 for wrongly firing him 18 months ago during a flurry of embarrassing revelations of city mismanagement. In the mediated settlement completed Friday, the city agreed to pay Ostrander for "emotional distress and damage to reputation." The agreement also reinstates Ostrander to his former post, although he will resign from the city Feb. 22, said his attorney, Gregory D. Ferguson.
The agreement also clears Ostrander's reputation before the Washington Criminal Justice Training Commission, which certifies police officers, and allows him to resume his police career. Since leaving Ridgefield, Ostrander has been working as a long-haul trucker.
"I've been vindicated," Ostrander said Friday. "I'm relieved it's done and over with, and I'm looking forward to moving on to bigger and better things."
In August 2006, the department fired Ostrander, the department's second in command, claiming he'd altered police reports. Ostrander, who had been with the department for five years, said he accessed reports as part of his normal duties but never altered them.
He said the city fired him because he was trying to expose wrongdoing in city government, including the Ridgefield City Council and then-Mayor Gladys Doriot. Ostrander had been investigating the mayor's son, Orrin Doriot, who had a history of methamphetamine abuse and was living in a house owned by his mother.
In the settlement agreement, Ostrander agreed to drop his wrongful termination lawsuit against the city.
The city agreed to amend the 2006 termination notice explaining why he was fired to the Washington Criminal Justice Training Commission. In a letter dated Friday, Ridgefield City Manager Justin L. Clary told the commission, "Upon further review, the city of Ridgefield has determined that there is insufficient evidence to support the initial determination." Ostrander, Clary wrote, "did not engage in any disqualifying conduct."
Clary also wrote a letter of recommendation praising Ostrander's "loyal and dedicated service, especially in a time of turmoil."
Clary could not be reached for comment Friday.
Ferguson said Ostrander's dismissal came during a time when the city suffered through a series of embarrassing revelations involving the police department, the city council and city officials. The city also faced a federal civil rights lawsuit and several independent investigations into police practices.
"Randy could have gone quietly but chose to stand and fight," Ferguson said. "When all the evidence came out, however, I think the city took a long, hard look and chose to do the right thing. The present city leaders should be commended."
From 1999 to 2001, Ostrander spent 18 months working as a security officer in Kosovo for Dyna Corp., a private company operating under a State Department contract. He said he might eventually return to international law enforcement.
First online
This story was posted at 2:42 p.m. Friday at www.columbian.com .
To view settlement documents in the case, go to www.columbian.com
Don Hamilton can be reached at 360/735-4526 and don.hamilton@columbian.com
Articles appear as they were originally printed in The Columbian and may not include subsequent corrections.
All materials appearing in The Columbian are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of The Columbian Publishing Company or the party credited as the provider of the content.
Ex-employee sues Port of Vancouver
By Jonathan Nelson
Columbian staff writer
Friday, March 30, 2007 Section: Front page, Page A1A former Port of Vancouver employee filed a lawsuit Thursday in Clark County Superior Court that alleges she was fired after raising concerns about possible bid rigging on port contracts.
Rebecca Eisiminger was terminated as a contracts officer Jan. 10 for a negative attitude and unprofessional communication style despite receiving exceptional performance reviews, the lawsuit said. Eisiminger's departure from the port came three months after she alerted officials to possible violations of state regulations that included her supervisor manipulating payments to avoid port commissioner oversight, allowing a real estate consultant to participate in port bid-related decisions that involved potential clients, letting a railroad employee possibly influence contract decisions, and being pressured to accept a proposal after the deadline passed.
Larry Paulson, port executive director, disputes Eisiminger's allegations.
"The Port of Vancouver is prepared to defend itself against the suit," Paulson said. "Other than that, this is a personnel issue and pending litigation."
Gregory Ferguson, one of Eisiminger's two lawyers, said in a press release that the case "represents the classic whistle-blower scenario. A high performer, once regarded by her superiors as a level-headed luminary, suddenly and inexplicably transforms into a pugnacious malcontent within a couple of months for no apparent reason."
The charge of contracts being doled out to people cozying up to the public agency comes as the port is dealing with a potential voter revolt after a port commission vote to raise district property taxes.
The port's property tax rate in 2008 climbs from 34 cents to about 79 cents per $1,000 of assessed value, and was implemented without a public vote, a method of raising taxes only available to ports. A citizen's petition effort is under way to force the tax increase to a public vote.
Mediation fails
Ferguson said a mediation session between port representatives and his client on Wednesday failed and that the lawsuit was filed to protect Eisiminger's future.
"As a contract officer, if you have a termination on your employment record, you have a hard time getting public employment ever again," Ferguson said.
Ferguson said Eisiminger's lost wages, benefits and earning potential from the firing easily reaches $1 million.
Court documents reveal that Eisiminger, who previously handled contracts and procurement for government jobs in Georgia and Maryland, was hired in August 2002 to oversee personal services and public works contracts. According to port performance records, she achieved the port's highest performance level in a 2005 review and the next-highest mark on an Aug. 9, 2006, evaluation. In the August narrative, it was recommended Eisiminger "look to be more creative in your approach to projects, look to create solutions and strive to operate more comfortably within the 'gray zone.' "
In October, Eisiminger reported to her supervisor, the port's internal auditor and to an outside port attorney that there was rigging of bids, the lawsuit said. The specific complaints:
* The port allowed a real estate consultant to participate in bid decisions while also marketing his firm's services to the companies submitting proposals.
* The port permitted a BNSF Railway representative to vote on a rail design solicitation. The same railroad rep had decided on and openly advocated for a firm chosen by BNSF.
* Eisiminger reported that her supervisor was withholding payments to architects and manipulating billings for work on the port's executive office expansion so that the contracts didn't exceed $100,000 - a threshold that requires approval from the port commission.
* Eisiminger says she was pressured to accept a services contract proposal from a "favored" development firm that submitted its offer after the deadline.
Arch Miller, port commissioner and president of the three-member board, said on Thursday that he didn't want to comment without getting a chance to review the allegations.
First online - This story was first posted at 7:04 p.m. Thursday at www.columbian.com .
Update
* Previously: Rebecca Eisiminger worked at the Port of Vancouver from 2002 to January.
* What' s new: She filed a wrongful termination lawsuit Thursday in Clark County Superior Court.
* What 's next: The case could go to trial.
Jonathan Nelson covers the Port of Vancouver for The Columbian. He can be reached at 360-759-8013.Fired policeman sues Vancouver
Oregonian – November 24, 2006. METRO SectionWork - Navin K. Sharma claims his termination for errors on DUI reports was racially motivated
Thursday, November 23, 2006
HOLLEY GILBERT
VANCOUVER -- A police officer filed a federal lawsuit Wednesday claiming the city was racially motivated when it fired him in September for making errors and using repetitive language in his drunken driving reports.
The dismissal of Navin K. Sharma, a native of India, followed a six-month Vancouver Police Department internal investigation triggered by a records request from Josephine Townsend, the city's former criminal prosecutor. After Townsend was hired in 2002, she "directed and assisted" Sharma in developing a template to standardize his DUI computer reports, which she then approved, the lawsuit claims.
Townsend declined Wednesday to comment on her actions while employed by the city attorney's office. She left the city in February 2005 and at the time of her February 2006 records request was defending a DUI suspect Sharma had arrested.
In her records request, Townsend sought all DUI reports Sharma wrote over a three-month period and suggested that Sharma was "recycling prior case reports," according to Vancouver police correspondence included in the internal investigation and released to The Oregonian through the Freedom of Information Act.
A police commander assigned to fulfill Townsend's request found some errors, and Sharma was put on paid administrative leave March 30, the investigation report said. The department then reviewed all of Sharma's DUI reports dating back to 2002, when he joined the traffic unit, and an investigator found errors in 116 of 158 reports.
In his Sept. 20 dismissal letter to Sharma, Acting Chief Mitch Barker said Sharma had violated department policies on making false statements, completing reports accurately and being competent to do his job.
"This investigation shows you were clearly beyond the line of acceptable, random mistakes," Barker said. Several drivers had their license revocations dismissed because of the errors, and "a number of pending DUI cases will now likely be compromised and/or dismissed," he said.
Barker told Sharma he was "left with the strong belief" that Sharma's reporting was "reckless" and "will render (him) unable to testify in future cases where (he is) the sole or primary reporting witness."
On Oct. 26, the city sent a letter to the Clark County prosecutor's office asking it to pursue criminal charges against Sharma, the lawsuit said.
Prosecutor Art Curtis on Wednesday acknowledged receipt of the letter. "We told them that if they wanted that done, it first had to be investigated by a police agency as a criminal matter, which has not been done as far as I know," Curtis said.
Sharma's lawsuit names the city of Vancouver, Barker and City Manager Pat McDonnell as defendants. Sharma, 50, is seeking, among other things, unspecified damages for lost pay, future wages and attorneys' fees and punitive damages. He is not asking to be reinstated.
"A police department without discriminatory or retaliatory motives could have considered disciplinary action other than shooting down and robbing Officer Sharma of his reputation and career," said Scott C.G. Blankenship, a Seattle attorney who, with Vancouver attorney Gregory D. Ferguson, represents Sharma.
Ted Gathe, Vancouver city attorney, declined to comment Wednesday, saying he had not seen the lawsuit. McDonnell and Barker could not be reached for comment.
Also on Wednesday, Sgt. Scott Creager, president of the Vancouver Police Officers Guild, sent a memorandum to Barker saying Sharma's "self-correcting errors" did not support discipline or discharge," but might be used as "a training opportunity."
In an Aug. 28 letter to Barker, John Hoag, the guild's Eugene attorney, said Sharma's integrity has never been questioned. He said Sharma continued to make computer errors because the mistakes were not noticed by his supervisors, city prosecutor or defense attorneys.
"If every officer who made a statement in a police report that was later determined to be inaccurate were told that he or she falsified a document or somehow committed perjury, the Vancouver Police Department would be significantly smaller in size," Hoag said.
Sharma was hired by Vancouver police in 1997. In 2000, he filed a $1 million lawsuit against the city, alleging several superiors and fellow officers sabotaged his work as a special weapons team medic, pilfered his personnel file and repeatedly played a tape that disparaged his accent and heritage in retaliation for testimony he provided during a 1998 internal investigation of two police sergeants.
In a 2001 settlement, the city admitted no wrongdoing but paid Sharma $287,000. It also agreed to pay Sharma up to an additional $200,000 if he resigned in the subsequent four years. That time period ended Feb. 20, 2005.
In Sharma's dismissal letter, Barker said the investigation into Sharma's DUI reports was not "retribution for past disagreements with the city." Barker joined the Vancouver department in December 2003.
Former head of agency on aging sues
KELLY ADAMS, Columbian staff writer
September 8, 2006; Page c1
A manager fired by the Human Services Council filed a wrongful-termination lawsuit against the agency Thursday.
Pat Janik was the director of the Southwest Washington Area Agency on Aging for more than four years when she was terminated in April 2006, three days after refusing to sign what she considered to be a "loyalty oath" to the Human Services Council. According to the lawsuit, filed in Clark County Superior Court on Thursday against the council, its governing board's president and its then-executive director, Janik was "terminated in retaliation for her complaints about improper action by defendants in connection with their mismanagement of public funds held in trust for the explicit purpose of promoting the health, safety and welfare of the elderly and adults with disabilities."
The suit also says Janik's termination did not follow the agency's policy of progressive discipline as well as a policy against retaliation. Terry O'Conner, interim executive director, responded by providing a report submitted Tuesday to the state Aging and Disability Services department. It was prepared on behalf of the council's board of directors. The report addresses Janik's firing, stating she was against efforts to centralize the services provided by the agency. Her opposition threatened to impede efforts to improve the agency's efficiency, the report said The Human Services Council document also touches on the loyalty oath. "We suggest that while the memo was designed to clarify the organizational direction by the board and to set forth expectations of HSC's leadership, its interpretation as a 'loyalty oath' inadvertently made a bad situation worse." The council, through the report, denied Janik's firing was retaliatory but declined to go into detail, citing the litigation. O'Conner declined any other comment besides that provided in the report.
The lawsuit comes at a time when the agency is under scrutiny by the state. The Vancouver-based nonprofit operates the Southwest Washington Area Agency on Aging, which is mostly funded by the state with some money from the Federal Older Americans Act and the U.S. Department of Agriculture. This spring, the state submitted a list of concerns to the agency. It is now considering a request from Clark County to take over the program. "I think it's sad," Janik said of the suit and the state of the agency. "I'm worried about the clients; I'm worried about the employees."
Update Previously: Pat Janik, the former director of the Southwest Washington Area Agency on Aging, was terminated by the Human Services Council in April. What's new: On Thursday, Janik filed a wrongful-termination lawsuit against the Human Services Council and two individuals. What's next: A court date will be set. At the same time, the state is considering a request from Clark County to take over the Southwest Washington Area Agency on Aging.
Articles appear as they were originally printed in The Columbian and may not include subsequent corrections.
All materials appearing in The Columbian are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of The Columbian Publishing Company or the party credited as the provider of the content.
Whistle-blower suit set in motion
August 19, 2006; Page c1
Columbian, The (Vancouver, WA)Author: DON HAMILTON, Columbian staff writer
Randy Ostrander, former second-in-command for the Ridgefield Police Department, laid the groundwork Friday for what could turn into an embarrassing whistle-blower lawsuit against the city. Shortly before 5 p.m. Friday, City Attorney Michael J. Wynne received a three-page letter from Ostrander's attorney disclosing plans for a lawsuit under whistle-blower statutes. The suit could be filed sometime this fall. In the letter, attorney Gregory D. Ferguson said Ostrander told city officials Wednesday that he'd been retaliated against for looking into fraud, bribery and discrimination in city government and in the police department. Ferguson said the city didn't follow through on its duty under city whistle-blower statutes to investigate Ostrander's complaint.
"The only action the city took to address the allegations presented," Ferguson wrote, "was to fire Sgt. Ostrander a mere four hours after he served written notice of those allegations on the city."
A new charge Ferguson's letter restated several recent allegations against city officials but added one new charge: It claimed city officials had thwarted Ostrander's efforts to investigate "allegations of the mayor's son's involvement in methamphetamine use and distribution from a residence owned by the mayor."
Mayor Gladys Doriot, whose daughter is a Ridgefield police officer, did not respond to a voice mail message Friday seeking her reaction to the allegation. Her son, Orrin Lee Doriot, also could not be reached for comment.
Wynne also had no comment on the letter. "I haven't had a chance to look at it in any detail," he said. "I'll send it to city officials for response. We'll go through the legal process."
The threat of a lawsuit holds the promise of more embarrassing revelations in a city that has been rocked by a series of allegations involving the police department, the city council and city officials. The city already faces a federal civil rights lawsuit and an FBI investigation, and it has been through independent investigations into police practices.
In the letter, Ferguson asked the city to reinstate Ostrander as sergeant with back pay and pay his attorney's fees. He also seeks "a thorough and transparent public inquiry into the allegations of city corruption, self-dealing, conflicts of interest, discrimination and participation in a scheme of bribes paid by developers."
Ostrander's Wednesday firing came less than a month after Chief Bruce Hall resigned after accepting the top post at the Kalama Police Department. Hall was on paid administrative leave when he quit.
Ostrander, a five-year veteran of the department, had been placed on paid administrative leave in July. City leaders have been tight-lipped about why they took the step, saying only that they were looking into allegations made against him.
His departure leaves the troubled six-member police force with three vacancies. The department had already been trying to fill two positions: a patrol officer and the school resources officer.
Ferguson called the Friday letter a "notice of retaliation," the first step in what could turn into a whistle-blower suit. He then would have to file a notice of tort claim with a lawsuit following in no fewer than 60 days.
Update -
Previously: Ridgefield fired Sgt. Randy Ostrander on Wednesday, but didn't offer specifics for his dismissal.
What's new: On Friday, Ostrander's lawyer disclosed plans to file a lawsuit under state whistle-blower statutes.
What's next: A lawsuit could come sometime this fall.
Articles appear as they were originally printed in The Columbian and may not include subsequent corrections.All materials appearing in The Columbian are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of The Columbian Publishing Company or the party credited as the provider of the content.
May 22, 2006
Columbian, The (Vancouver, WA)Author: JEFFREY MIZE, Columbian staff writer
Vancouver intends to pay a former employee $150,000 to settle a lawsuit alleging he was fired after supporting a union for city attorneys.
Scott Sonju, an assistant city attorney from 1989 to 2003, signed the settlement earlier this month. The city council will be asked to approve the agreement tonight.
Council approval is almost a foregone conclusion. In recent weeks, the council has had two closed-door discussions on pending litigation. It's unlikely city officials would bring forward a proposed settlement without some indication it would receive council backing.
The settlement was reached after Sonju and the city participated in voluntary mediation with James Ladley, a retired Clark County Superior Court judge.
Sonju filed a $500,000 claim in May 2005 for wrongful termination and discrimination. He followed the claim in August with a lawsuit that sought an unspecified amount for emotional distress, humiliation and lost wages.
The lawsuit named the city of Vancouver, City Attorney Ted Gathe and former Prosecutor Josephine Townsend as defendants. Townsend replaced Sonju in 2002 as supervisor of the criminal division, which prosecutes misdemeanor crimes.
In his claim, Sonju alleged his demotion came after he advocated forming a union to address "inequitable and oppressive" working conditions in Gathe's office.
In 2003, nine assistant city attorneys formed a union as part of the Washington State Council of County and City Employees. Members subsequently voted to disband it, presumably after several union supporters left the city attorney's office.
The settlement makes no mention of the reasons behind Sonju's firing or the allegations contained in his claim or lawsuit. The document states the city is not admitting any liability by settling the lawsuit.
The settlement specifies that both Sonju and the city waive all claims arising from the dispute, even if additional facts or details emerge.
In addition, Sonju agreed to waive any rights to re-employment with the city and to not discuss the settlement with anyone besides his wife, immediately family members, attorneys and tax-financial advisers.
The agreement stipulates that Sonju, if asked about the litigation, will respond with: "The matter has been resolved."
Copyright (c) 2006 The Columbian Publishing Co., P.O. Box 180, Vancouver, WA 98666.
Record Number: 2006142054
Whistleblower at Georgia Pacific Mills Fired after Reporting Serious Safety Concerns
Engineering Department Manager was retaliated against and wrongfully terminated as a result of reporting serious safety concerns about one of Georgia Pacific’s (GP) mills in Camas, Washington.
Engineering Department Manager L. Dwight Markham Jr., P.E. made several reports to local management at the Camas, Washington facility about serious safety concerns. One of GP’s primary passenger elevators at the mill had trapped several employees, vendors, and contractors between floors on numerous occasions. In some cases, the faulty elevator had suspended its terrified passengers between floors for as long as 20 minutes.
Mr. Markham reported the safety concerns to local management, and received assurances that the necessary repairs had been completed to restore safe operation to the faulty elevator. Shortly thereafter, Mr. Markham was trapped between floors in the problematic elevator for a period of 40 minutes. Following this harrowing experience, an investigation revealed that no professional repairs had been made. In accordance with Georgia Pacific Mills (GP)’s written policy, Mr. Markham lodged an internal complaint with GP’s legal department and notified Camas mill Manager of Engineering and Maintenance, Defendant Kevin Heath of his actions.
Within weeks of reporting the serious safety concerns about the elevator and following GP’s policy of lodging a formal complaint, Mr. Markham began suffering retaliation as a result of his report of the safety violations. He was demoted from his position of Engineering Department Manager and relegated to a clerical position in a makeshift office in the basement storeroom.
After subsequently being terminated on October 15, 2004, Mr. Markham again followed GP’s written safety and ethics policy and requested a formal investigation. Despite GP’s awareness that the elevator currently presented a health and safety threat to employees and the public, GP notified Mr. Markham in writing that it found “no merit” to his safety allegations. After Mr. Markham refused to sign GP’s separation and release agreement, a waiver of all legal rights and claims against GP, GP elected to withhold all vacation pay accrued by Mr. Markham at the time of termination.
After Mr. Markham exhausted all due process within GP’s “Workplace Safety” policy, he reported the safety concerns to the Washington State Department of Labor and Industries. The Department of Labor and Industries found serious safety violations consistent with Mr. Markham’s reports and flagged the elevator to be taken out of operations until proper repairs could be made. GP failed to make the necessary repairs, and upon re-inspection, the elevator was taken out of service.
Mr. Markham has filed a lawsuit for Wrongful Termination and Unpaid Wages in Clark County Superior Court (Case # 05-2-01724-8) through his attorneys, Gregory D. Ferguson and Scott T. Deutsch, of The Law Offices of Gregory D. Ferguson, PC. For more information, the complaint can be located at www.courts.wa.gov, or contact the Law Offices at (360) 906-1167.
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