The former manager of the city’s Cheney Stadium renovation project has filed a $2.4 million claim against the City of Tacoma, contending he was wrongfully blamed and fired this year when controversy emerged over the project.
In his claim, filed Nov. 23, Richard V. “Rick” Melvin contends he “became the fall guy for controversy that developed in the media over Cheney Stadium construction.”
“Ironically, Mr. Melvin managed completion of the construction, which has been recognized nationwide for its design-build concept and the speed with which it was completed,” the claim states.
The city has denied the claim, responding in a letter this week that it acted lawfully when firing Melvin without cause in May.
“At the time of his termination, he was an appointive, or ‘unclassified’ employee, and had no right to continue employment,” Deputy City Attorney Jean Homan wrote in a Dec. 13 response letter to Melvin’s claim.
The claim appears to come down to a legal argument over Melvin’s project-manager position and whether or not it falls under a protected-employee class defined by city charter. Such “classified” civil-service employees are afforded due process and other protections before they can be fired.
In the city’s response letter, Homan cited an ordinance adopted in 2000 that gives the city “sole authority” to determine whether project manager positions are protected.
“Because Mr. Melvin was an unclassified (at-will) employee, the city is not required to establish cause for his termination and any claims of wrongful termination are not cognizable,” Homan added.
In an interview Friday, Melvin and his attorney, Joan Mell, said the city never informed Melvin he was losing due-process rights or other protections when promoting him to project manager in August 2010 at a salary of $103,000.
“Nobody ever explained to me or told me that I was giving up my rights as a civil-service employee,” said Melvin, who had worked for the city in various jobs since 2003. “The only thing that I was told was that I would become a non-represented employee.”
Mell further argues the city’s inclusion of the project-manager position in an unprotected class “is another example of the city systemically undermining its civil-service system by just sprinkling it into an ordinance.”
“So, Mr. Melvin gets to work for years thinking he was working in a just-cause position, then the city suddenly fires him without cause or explanation,” she said. “… You can’t just make these decisions in a vacuum.”
Public works officials informed Melvin of his dismissal May 27 and gave no explanation other than saying the stadium project was wrapping up.
Melvin’s firing came shortly before then-City Manager Eric Anderson informed council members that the $26.5 million ballpark renovation contract with Mortenson Construction faced more than $821,000 in overruns for added stadium features. The additional work and costs had been authorized without the council’s knowledge or permission.
Upon the council’s questioning, public works officials later explained the construction costs fell within an overall project budget of $30 million – an amount mandated to be fully expended. But several council members took issue with being kept in the dark about the project spending and questioned whether it violated city code.
Melvin, 63, said Friday that the deadline to complete renovations by the Tacoma Rainiers’ home opener put the city at risk for liquidated damages and pressured him to deliver the project on time.
“I’ve got authority to spend $30 million in my mind,” he added.
Mike Combs, then-public facilities director, signed off on the construction change orders, Melvin noted.
“I could have taken them all to the council, but that would have wasted time and delayed the project and put the city at risk,” he said. “So that’s the way it went. We were under such contractual and time limitations.”
When the matter became an issue, Melvin said, he went to Anderson and offered to brief the council about the constraints of design-build – the fast-track construction process used for the ballpark renovations.
“I was shot down on that,” Melvin said. “… He said, ‘No, they wouldn’t get it.’ But now he’s gone and I’m gone, so I’m sure it would’ve helped.”
The council fired Anderson in July. Council members publicly and privately cited a variety of reasons for their move – including handling of the ballpark project.
Melvin, who remains unemployed, also has filed a federal equal employment opportunity claim against the city, alleging discrimination for his firing. That claim is pending.
Lewis Kamb: 253-597-8542
lewis.kamb@thenewstribune.com
blog.thenewstribune.com/politics
Twitter: @lewiskamb
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