Wash. Court of Appeals published opinion — 850661.pdf

Citation: Wash. Court of Appeals published opinion — 850661.pdf
Jurisdiction: Washington (state)
Source verification: official_capture_completeness_unverified
Original Source: https://www.courts.wa.gov/opinions/pdf/850661.pdf ↗

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Director likewise found the resubmitted complaint timely because it asserted that

Sgt. Hockett “was subjected to an adverse change or changes that occurred within

the prescribed time period,” i.e. within 180 days of the filing of the resubmitted

complaint. (Emphasis added.)

Notwithstanding the foregoing analysis, SPD argues that Sgt. Hockett only

exhausted his retaliation claims pertaining to 11 instances when he was passed

over for promotion to Acting Lieutenant in December 2020 and February 2021

because those are the only acts of retaliation alleged in Sgt. Hockett’s resubmitted

whistleblower complaint that were not alleged in his earlier complaint. SPD reads

words into the Director’s ruling that are not there; nowhere does the Director’s July

2021 ruling on Sgt. Hockett’s resubmitted complaint state that only some of the

claims were sufficient. The Director’s email simply states, “I find the complaint

sufficient.” Because the Director determined Sgt. Hockett’s complaint to be

sufficient and declined to investigate it because Sgt. Hockett was pursuing the

matter in another forum, Sgt. Hockett was allowed to “pursue a private cause of

action under [SMC 4.20.870] . . . to enjoin further retaliation, or to recover the actual

damages sustained . . . or both.” SMC 4.20.870(A)-(B).

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 85066-1-I

As SPD recognizes in its reply brief, our unpublished decision in Romulo v.

Seattle Pub. Utils., No. 82790-1-I, slip op. at 39-42 (Wash. Ct. App. Nov. 28, 2022)

(unpublished), https://www.courts.wa.gov/opinions/pdf/827901.pdf, 4 indicates that

if a party is aggrieved by the Director’s determination regarding the sufficiency of