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Bickford v. City of Seattle2/5/2001
Under the reasoning of Smith v. Bates Technical College, Jerald Bickford was not required to exhaust his contractual or administrative remedies on his claim for wrongful termination in violation of public policy. He articulated violations of public policy under the City of Seattle's Police Officer's Bill of Rights. However, the trial court abused its discretion in ruling that the City of Seattle failed to plead its right to setoff any disability award against the verdict.
FACTS
Bickford was a sergeant with the Seattle Police Department (Department). One of Bickford's subordinates made several allegations of sexual harassment and discrimination against Bickford. The Department initiated an investigation of the allegations and took preliminary steps to transfer Bickford to another precinct during the investigation.
Captain McWashington, Bickford's commanding officer, met with Bickford and advised him of the complaint. Captain McWashington did not address the specific details of the allegations or tell Bickford that the allegations were made by the only female police officer on his squad at the time. Bickford, allegedly distraught by the allegations, refused the transfer and immediately sought psychiatric treatment. Soon thereafter, he applied for and was granted a six-month disability leave for his mental and emotional stress.
The Equal Employment Opportunity Commission investigator responsible for reviewing the complaint against Bickford interviewed several individuals with whom Bickford had worked. The investigator then submitted a series of written questions to Bickford based on information the investigator obtained in the course of the investigation. The investigation was completed and submitted to Bickford's chain of command approximately three months after the initial allegations were made.
According to his physicians, Bickford's condition deteriorated with the passage of time. His doctor would not allow him to return to work until the workplace situation was resolved. After six months on leave, and approximately a month before the command finalized its review and disciplinary recommendation, Bickford's paid disability leave ended. He did not seek reinstatement, or ask for additional time off. Instead, he applied for and was granted disability retirement.
Bickford eventually asserted a number of claims against the City of Seattle (City) in King County Superior Court. The court granted the City's motion for summary judgment in part, dismissing several of Bickford's claims. Bickford's claims of wrongful discharge in violation of public policy and wrongful discharge in violation of the collective bargaining agreement were preserved for trial.
The City moved for a directed verdict at the close of Bickford's case, and again at the close of its own case, on grounds that Bickford failed to articulate a public policy sufficient to support his claims and further that he failed to exhaust his administrative remedies. The court denied the motion. The jury returned a verdict in Bickford's favor, awarding back and future wages and emotional distress damages in an amount exceeding $1 million.
The City moved for judgment notwithstanding the verdict and to offset Bickford's disability retirement benefits from the judgment. These motions were denied by the trial court. The City appealed both rulings. This court originally filed an opinion reversing the decision of the trial court holding that Bickford failed to exhaust his administrative remedies. Shortly thereafter, the Washington State Supreme Court handed down the decision in Smith v. Bates Technical College which addresses the issue of exhaustion of administra
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