Archives for March 2013

Legal Woes Continue to Plague Mountlake Terrace Police Department

By Jim Cline

The legal woes and legal costs continue to compound for the beleaguered Mountlake Terrace Police Department and its City management team.  Within weeks of being ordered by an arbitrator to reinstate police officer Tam Guthrie, the City has now been forced to pay out for the wrongful discharge of a former police secretary, Martha Karl.

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Controversial Kitsap Deputy Prosecutor Cited by PERC for Violating Rules

By Jim Cline

Finding that controversial, Kitsap County Deputy Prosecutor Jacquelyn Aufderheide violated PERC requirements including an after-the-fact “torpedoing” of a tentative agreement reached between the Kitsap County labor negotiator and the Dispatchers’ Guild, in a recently released Kitsap County Decision 11675, PERC Hearing Examiner Guy Coss cited Aufderheide with a ULP and other rule violations.

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Washington State Supreme Court Rules, Once Again, That “Final and Binding” Decisions Are in Fact “Final and Binding”

By Jim Cline

Just last month, we wrote about a recent Ninth Circuit decision involving the Oregon Marion County Sheriff’s Office, in which the Ninth Circuit ruled that the enforcement of an arbitration award might be an enforceable “property interest” within the meaning of the due process clause.  In that same article, we noted that this might provide labor organization an additional tool for enforcing arbitration awards.  We also noted the 2009 Kitsap County Deputy Sheriffs’ Guild Supreme Court decision holding that “final and binding” decisions were, well, “final and binding”:

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Local Government Employee Does Not Have Retaliation Claim in Superior Court for Whistleblower Action Resulting in Demotion, but May Seek Administrative Relief

By David E. Worley

In Woodbury v. City of Seattle (2012 Wash. App LEXIS 47), the Washington Appeals Court upheld the dismissal of a Superior Court complaint by a police officer regarding retaliation for a whistleblower action.  The Appellate Court held that under the relevant statute, a local government employee may only seek administrative relief initially, and Civil Courts will only be involved when appealing that administrative relief.

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