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Isaacson v. City of Centralia2/15/2005
Greg Isaacson appeals the trial court's dismissal of his petition for review of an administrative decision denying his whistleblower complaint against his employer, the city of Centralia. Additionally, Isaacson appeals the trial court's entry of summary judgment on his claims of whistleblower retaliation under chapter 42.41 RCW, chapter 49.60 RCW, and public policy. We affirm.
Isaacson was the lead for the operations crew at the Wastewater Treatment Plant (WWTP) for the city of Centralia (City). Holly Fuller was one of two females working at the WWTP, and she and Isaacson had a strained relationship.
In March 2000, Isaacson accused Ms. Fuller of violating the WWTP's Internet policy, which prohibited personal use of the Internet. Ms. Fuller approached James Fleming, the operations manager for the WWTP, and informed him that Isaacson had falsely accused her of violating the Internet policy. In response to the incident, Mr. Fleming met with Richard Southworth, the utilities director for the City, and expressed his concern that Isaacson's conduct toward Ms. Fuller appeared to be harassing and discriminatory. Mr. Southworth decided to place Isaacson on administrative leave and conduct an investigation on the matter.
In April 2000, Mr. Southworth met with Isaacson to discuss his continued employment at the WWTP. During the meeting, Isaacson requested that Mr. Southworth permit him to step down as the lead operator and transfer him to a different department. Mr. Southworth agreed and transferred Isaacson to a pump specialist position in the collections department.
Shortly after Isaacson's transfer, Mr. Fleming began receiving complaints from employees at the WWTP, as well as other city employees about Isaacson's 'negativity and personal verbal attacks.' Clerk's Papers (CP) at 116. Mr. Fleming testified in his deposition that '{t}he complaints about Mr. Isaacson rose to such a level that by late summer 2000, I felt it was appropriate to take some disciplinary action.' CP at 116. On September 22, 2000, Mr. Fleming issued Isaacson a written reprimand.
On September 29, 2000, Isaacson filed a whistleblower complaint with the City alleging that WWTP employees had misused City computers, the City had failed to adequately address threats to the safety of WWTP employees and city residents, and the City had retaliated against him for reporting these concerns to city officials. In accordance with the City's whistleblower policy, an administrative hearing was held in February and March 2001. The administrative law judge (ALJ) denied Isaacson's whistleblower claims, finding that he had failed to report any activity constituting 'improper governmental action.' CP at 598.
In April 2001, Isaacson filed a petition for review of the administrative decision. Additionally, Isaacson filed a complaint for damages, alleging: (1) wrongful whistleblower retaliation for reporting improper governmental action in violation of chapter 42.41 RCW; (2) gender discrimination and wrongful retaliation for reporting sexual harassment and discrimination in violation of chapter 49.60 RCW; and (3) wrongful whistleblower retaliation against public policy. The complaint alleged that the City retaliated against Isaacson by both transferring him to a different department and issuing him a written reprimand.
I. Isaacson's Petition for Review
Isaacson took little action after filing his petition and complaint, and on September 19, 2002, the Lewis County Clerk filed and served a notice of dismissal for want of prosecution pursuant to CR 41(b)(2). Isaacson did not respond; on October 22, the court issued ex parte an order of dismissal. On November 4, Isa
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