Young v. City of Seattle12/14/1998
Appellant Christopher Young ("Young") challenges the superior court's dismissal of his petition for a writ of certiorari. Young's petition sought review of an administrative decision by the Seattle Civil Service Commission ("the Commission"). The Commission's decision affirmed a Hearing Examiner's Findings of Fact, Conclusions of Law, and Decision concluding that Young's former employer, the Seattle Law Department ("the Law Department"), had just cause to demote and later discharge Young. Young raises several issues relating to: (1) procedures followed by the Law Department to effect his demotion and discharge; (2) actions by the Commission; and (3) orders of the superior court. For the reasons that follow, we affirm the superior court on all issues.
I. BACKGROUND
Young was employed as an Administrative Specialist II in the Case Preparation Unit of the Criminal Division of the Law Department. After sexual harassment allegations were made against Young by female employees in his unit, Ms. Judy Pugh ("Pugh"), Office Manager, investigated the allegations and reported the results to Ms. Cathy Jarvis ("Jarvis"), Manager of the Case Preparation Unit and Young's supervisor. Pugh concluded that Young committed sexual harassment and recommended that Young be demoted to Administrative Specialist I, placed on a one-week suspension without pay, and be required to conform his behavior to specific expectations. On December 16 or 17, 1993, Young and his attorney met with Pugh, Jarvis, and Law Department counsel to review the investigative findings. Jarvis recommended to Mr. Ted Inkley ("Inkley") , Chief Attorney, Criminal Division, that Young be demoted to Administrative Specialist I and suspended for one week without pay.
A memorandum from Young to Inkley, dated December 30, 1993, advises that letters to Young had not been sent to his attorney, Mr. Cohen ("Cohen"), as requested and directs Inkley to "deal directly with Mr. Cohen." Clerk's Papers ("CP") Sub # 11 at 96.
After a Loudermill hearing on January 4, 1994, Inkley informed Young, in a letter dated January 12, 1994, that Young was demoted to Administrative Specialist I and suspended for one week without pay as recommended. The letterhead states "Seattle City Attorney, Mark H. Sidran". CP Sub # 11 at 67. The letter's signature block appears as follows: For MARK H. SIDRAN Seattle City Attorney
ss / Ted Inkley
Ted Inkley Chief Attorney, Criminal Division
CP Sub # 11 at 68.
In a letter addressed to "1925 A North 50th Street, Seattle, Washington 98103" and dated April 6, 1994, Mark Sidran ("Sidran") informed Young that Jarvis had recommended that Young be fired due to specific examples of unacceptable behavior in the workplace, including threats made by Young toward Jarvis and retaliation against co-workers who cooperated in the sexual harassment investigation. CP Sub # 11 at 21, 85-86. A Loudermill hearing, held on April 18, 1994, was attended by Young, Cohen, Inkley, Pugh, and Assistant City Attorney Ms. Leigh Ann Collings Tift. In a letter dated April 22, 1994, Sidran informed Young that his employment was terminated. The letter was addressed as follows:
Mr. Christopher Young c/o Mr. Norman Cohen Cohen, Keith-Miller, and Dingler Logan Building, Suite 645 Seattle, Washington 98101-2397
CP Sub # 11 at 87. The Commission was copied on the termination letter.
Young appealed his demotion and suspension to the Commission on January 20, 1994. Young appealed his discharge to the Commission on April 27, 1994. After hearing evidence on both appeals, Rhea J. Rolfe ("Rolfe"), Hearing Examiner, Pro Tem, issued Findings of Fact, C
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