ORIGINAL SERIES
• Part One: Birth of a salesman• Part Two: Activist rising
• Part Three: Gadfly in charge
• Values ran below market, state numbers show
• How we reported "Washam's law"
INVESTIGATIONS
Summary
Three independent county investigations found that Washam retaliated against employees, wasted government resources, abused his power and violated county policy by refusing to cooperate with investigators.
Two additional investigations spurred by Washam's deputy, Albert Ugas, found that employees broke no laws, and that there was no conspiracy to discredit Washam. One active investigation remains: an inquiry by the U.S. Department of Justice into possible civil rights violations at Washam's office. Here's the breakdown:
Show Investigations ◄| Investigation 1 | |
|---|---|
| Type | EEO complaint |
| Investigator | Diane Hess Taylor |
| Complainant | Sally Barnes, administrative officer |
| Filing date | 3-11-09 |
| Charges | Retaliation, age discrimination, sex discrimination by Washam |
| Findings | |
|
|
| Cost | $18,711 |
| Documents | Investigation (Taylor) |
| Investigation 2 | |
|---|---|
| Type | Whistleblower complaint |
| Investigator | Deborah Diamond |
| Complainant | Albert Ugas, deputy assessor-treasurer |
| Filing date | 11-30-09 |
| Charges | Improper governmental action by Sally Barnes |
| Findings | |
|
|
| Cost | $18,413 |
| Documents | Investigation (Diamond) |
| Investigation 3 | |
|---|---|
| Type | Improper governmental conduct |
| Investigator | Kent Nakamura |
| Complainant | Six unidentified employees |
| Filing dates | 8-17-09, 8-18-09, 8-26-09, 9-16-09, 9-23-09, 10-20-09 |
| Charges | Abuse of authority, retaliation, gross waste of public funds, violation of state/federal law or county ordinance (all by Washam) |
| Findings | |
|
|
| Cost | $14,228.05 |
| Documents | Investigation (Nakamura) |
| Investigation 4 | |
|---|---|
| Type | EEO complaint |
| Investigator | Donald Heyrich |
| Complainant | Four unidentified employees |
| Filing dates | 8-10-09, 8-18-09, 8-26-09, 1-5-10, 3-5-10 |
| Charges | Retaliation by Washam |
| Findings | |
|
|
| Cost | $15,818.50 |
| Documents | Investigation (Heyrich) |
| Investigation 5 | |
|---|---|
| Type | Improper governmental action |
| Investigator | Jim Webber |
| Complainant | Albert Ugas, deputy assessor-treasurer |
| Filing date | 6-25-10 |
| Charges | Harassment of Washam by county human resources department, conspiracy with employee union by HR, manipulation of investigative findings by HR, denial of access to public records |
| Findings | |
|
|
| Cost | $5,869.50 |
| Documents | Investigation (Heyrich) |
| Investigation 6 | |
|---|---|
| Type | Civil-rights violations |
| Investigator | Sonia Sacks, U.S. Department of Justice |
| Complainant | Sally Barnes |
| Filing date | 8-17-11 |
| Charges | Retaliation by Washam against employee |
| Findings | Unknown (still active) |
|
|
| Cost | Unknown (no local cost) |
| Other | The federal inquiry follows a Jan. 2011 finding by the U.S. Equal Employment Opportunity Commission that Washam retaliated against Barnes. |
DAMAGE CLAIMS
Summary
Five current and former employees filed damage claims with Pierce County, claiming mistreatment by Washam. The claims sought a collective total of $5 million in damages. The county settled the claims for a collective $1.13 million. Here's the breakdown:
Show Claims ◄| Claim 1 | |
|---|---|
| Employee | Mark Williams |
| Filing date | 10-14-10 |
| Charges | Violation of rights, defamation, retaliation |
| Amount sought | $750,000 |
| Williams' current status | Williams, a former appraiser who worked for the assessor-treasurer's office for 20 years, resigned in December 2010. He accepted a new position as an aide to Pierce County Councilman Rick Talbert |
| Outcome | Settled for $79,495 on 3-30-11 |
| Documents | Mark Williams tort claim |
| Claim 2 | |
|---|---|
| Employee | Jim Hall |
| Filing date | 11-4-10 |
| Charges | Defamation, retaliation, wrongful demotion |
| Amount sought | $800,000 – $1.2 million |
| Hall's current status | Hall, a former high-ranking appraiser, continues to work at the assessor's office. He has been demoted from a supervisory position to an entry-level appraiser. |
| Outcome | Settled for $300,000 on 3-28-12 |
| Documents | Jim Hall tort claim |
| Claim 3 | |
|---|---|
| Employee | Shellie Pollitt |
| Filing date | 1-4-11 |
| Charges | Defamation, retaliation, wrongful demotion |
| Amount sought | $500,000 – $800,000 |
| Pollitt's current status | Pollitt, formerly a high-ranking residential appraiser, continues to work at the assessor's office. |
| Outcome | Settled for $200,000 on 12-23-11 |
| Documents | Shellie Pollitt tort claim |
| Claim 4 | |
|---|---|
| Employee | Sally Barnes |
| Filing date | 1-4-11 |
| Charges | Defamation, retaliation, wrongful demotion |
| Amount sought | $800,000 – $1.5 million |
| Barnes' current status | Barnes, a 30-year employee of the assessor's office and former administrative officer, resigned from the assessor-treasurer's office in March 2010, citing intolerable working conditions. |
| Outcome | Settled for $400,000 on 3-28-12 |
| Documents | Sally Barnes tort claim |
| Claim 5 | |
|---|---|
| Employee | Cindy O'Neill |
| Filing date | 4-22-11 |
| Charges | Retaliation, mistreatment |
| Amount sought | $500,000 – $800,000 |
| O'Neil's current status | O'Neil, a former project manager and 25-year employee, was laid off in December 2009. |
| Outcome | Settled for $150,000 on 3-28-12 |
RECALLS
Puyallup resident Robin Farris filed a recall petition on Oct. 29, 2010, seeking to oust Washam from office. On Dec. 16, 2010, Pierce County Superior Court Judge Thomas Felnagle ruled that five of six charges against Washam met the standards of legal and factual sufficiency.
Washam appealed that ruling to the state Supreme Court. On March 4, the state Supreme Court approved the recall petition, setting the stage for a signature-gathering drive and a possible special election.
Farris and her supporters gathered 64,387 signatures by Sept. 1, 2011. That wasn't enough. The required threshold was 65,495. Recall backers came up short by 1,108 votes.
Show Recalls ◄| Documents |
Farris recall petition Washam's opening brief Appendices to opening brief Ferris reply brief Washam reply brief Supreme Court order |
|---|
Albert Ugas, Washam's chief deputy, filed a separate recall petition on Oct. 29, 2010, aimed at Pierce County prosecutor Mark Lindquist. The petition, filed a few days before the November elections, accused Lindquist of obstructing justice by refusing to support Washam's repeated calls for an investigation of actions taken by Ken Madsen, Washam's predecessor in office.
Superior Court Judge James Cayce threw the petition out of court on Nov. 16, 2010, calling it frivolous. In a subsequent hearing, Cayce ruled that Ugas and his co-petitioner, Dan Fishburn, owed Lindquist $50,000 in attorney fees. Ugas appealed both rulings to the state Supreme Court.
The Supreme Court also rejected Ugas's petition, and reaffirmed the ruling regarding attorney fees. The additional fees tied to the appeal meant Ugas and Fishburn owed Lindquist $84,000.
WASHAM'S ARGUMENT
Washam argues that his predecessor, Ken Madsen, forged and falsified county property assessment records by relying on statistical models to revalue certain properties, rather than the physical inspections required by state law.
Washam tried to recall Madsen on that basis in 2005. Madsen admitted the practice in open court, but a judge threw the petition out of court, ruling that Madsen had a "legally cognizable justification" for his actions. Washam did not appeal the decision.
Show Argument ◄Since taking office in 2009, Washam has resurrected the argument, repeatedly demanding a criminal investigation of Madsen's administration and employees who were involved. Numerous local and state officials, including two county prosecutors, the county sheriff, attorney general, the state Department of Revenue and the governor, have told him an investigation is unnecessary. A county performance audit found that the only harm to taxpayers was lower taxes. Washam disagrees. He argues that his actions against employees are justified by his efforts to expose wrongdoing.
| Documents |
Madsen 05 ruling Madsen 05 verbatim |
|---|
WASHAM TIMELINE
June 30, 1938 – Richard Dale Washam born.
Feb. 17, 1956 – Washam marries Dorothy “Dottie” Michaels in Kitsap County. Four children follow.
1956-60 – Washam serves in U.S. Air Force.
1960-63 – Washam says he worked at a Tradewell grocery store and rose to assistant manager.
1963-70 – Washam works for Overall Cleaning and Supply Co., Seattle.
1969-70 – Washam obtains associate’s degree in arts and sciences at Fort Steilacoom Community College (later known as Pierce College).
1970-72 – Washam starts and operates a dry-cleaning business in Lakewood.
1972-73 – Washam works several jobs, selling tires, RVs and trailers.
1974 – Washam hired as a pharmaceutical salesman by Diamond Laboratories Inc.
1975 – Washam begins relationship with Spokane resident Ramona Pinto.
1980 – Washam fired by Diamond after a dispute over compensation and job duties.
1981 – Washam files discrimination complaint against Diamond with state Human Rights Commission. The complaint is dismissed.
1982 – Washam sues Diamond for wrongful termination.
1987 – Ramona Pinto files anti-harassment petition against Washam.
1987 – Washam loses his employment suit against Diamond.
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CONTESTS
