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Bickford v. City of Seattle9/7/1999
A civil service commission has jurisdiction to conduct an investigation to determine whether an employee's resignation was in fact a constructive discharge without cause. Assuming that Jerald Bickford, a former sergeant with the Seattle Police Department, was constructively discharged in violation of a collective bargaining agreement, he was bound by that agreement to appeal that discharge to the Public Safety Civil Service Commission. He failed to do so and thus failed to exhaust his administrative remedies. We reverse.
FACTS
Jerald Bickford was a sergeant with the Seattle Police Department (Department). One of Bickford's subordinates, a detective, 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. McWashington did not address the specific details of the allegation or tell Bickford that the allegation was made by the only female police officer on his squad at the time. Bickford, distraught by the allegations, immediately sought psychiatric treatment. Soon thereafter, he sought and was granted disability leave for his mental and emotional stress.
The equal employment opportunity investigator responsible for reviewing the complaint against Bickford interviewed several individuals. 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 allegation. Bickford's condition continued to deteriorate with the passage of time. His doctor would not allow him to return to work until his case was resolved. After six months on leave, and approximately a month before command finalized its review and disciplinary recommendation, Bickford's paid disability leave ended. He applied for and was granted disability retirement.
Bickford eventually asserted various claims against the City of Seattle (City) in King County Superior Court. The court partially granted the City's motion for summary Judgement, dismissing several of Bickford's claims. But Bickford's claims of wrongful discharge in violation of public policy and wrongful discharge in violation of a collective bargaining agreement were preserved for trial.
The City moved for a directed verdict at the close of Bickford's case and at the close of its case on grounds that Bickford failed to articulate a public policy sufficient to support his claims and 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. The City moved for Judgement notwithstanding the verdict and to offset Bickford's retirement benefits. The court denied the motions. The City appeals both rulings.
DISCUSSION
Bickford's claim of wrongful discharge in violation of public policy is closely intertwined with his claim of wrongful discharge in violation of his collective bargaining agreement. Bickford argued that the City's refusal to complete its investigation, and his resulting constructive discharge, prevented him, in violation of public policy, from utilizing procedures established to effectuate the civil service system, specifically the right to appeal to the Public Safety Civil Service Commission. He argued that his inability to appeal to the Commission re
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