Wash. Court of Appeals published opinion — 723448.pdf

Respondent/Cross-Appellant,
PUBLISHED OPINION
v.

AARON SWANSON,

Appellant/Cross-Respondent. FILED: May 9, 2016

Schindler, J. —The Local Government Whistleblower Protection Act, chapter

42.41 RCW, protects employees from retaliation for making a good faith report of

improper governmental action. "Retaliatory action" is defined as either (a) any adverse

change in the terms and conditions of employment or (b) hostile actions by another

employee that "were encouraged by a supervisor or senior manager or official." RCW

42.41.020(3). A local government is exempt from the provisions of the Whistleblower

Protection Act if it adopts a program that meets the intent of chapter 42.41 RCW. The

city of Seattle (City) adopted a whistleblower protection ordinance to implement the
provisions of chapter 42.41 RCW1 but defined "retaliatory action" to mean only "any

unwarranted adverse change in an employee's employment status or the terms and

conditions of employment," former Seattle Municipal Code (SMC) 4.20.850(D) (1994).

Seattle Ordinance 117039 (Feb. 9, 1994).
             
No. 72344-8-1/2

Seattle City Light employee Aaron Swanson appeals the superior court order

reversing the decision of the administrative law judge (ALJ) that the City violated the

state whistleblower statute, chapter 42.41 RCW. The City contends that because the

former SMC meets the intent of the Whistleblower Protection Act, state law does not

apply. In a cross appeal, the City argues in the alternative that substantial evidence

does not support finding the City violated chapter 42.41 RCW. We hold the former SMC

does not meet the intent of state law to protect City employees from hostile actions by