OLYMPIA—The Citizen Action Defense Fund (CADF) won its legal battle on Friday, June 21, against the Washington State Department of Transportation (WSDOT) and the Office of Financial Management’s attempt to dismiss cap-and-trade scheme whistleblower Scott Smith’s lawsuit.
“This isn’t just about me – it’s about state employees everywhere,” said Scott Smith. “I look forward to my day in court.”
UPDATE: We won!
The case will move forward and WSDOT is compelled to produce discovery within 30 days.
This is not just a win for Scott, but for state employees everywhere who should not live in fear of retaliation simply for doing their jobs.
Happy Friday!#waleg https://t.co/Ra5TqVEvlv
— Citizen Action Defense Fund (@CADFWashington) June 21, 2024
The decision was ruled by Judge Egeler in Thurston County Superior court Friday morning. The case is now moving forward against WSDOT and they are compelled to produce discovery within 30 days.
“I think the court’s ruling today sends a great message to thousands of state employees that the government cannot retaliate against employees for refusing to comply with the state’s attempts to thwart transparency and accountability,” said Jackson Maynard, Executive Director and Counsel to the Citizen Action Defense Fund. “We are happy to be representing Scott in this and we are confident the discovery process will further demonstrate the merit of our claims.”
Lawsuit Background
The Citizen Action Defense Fund (CADF) filed a lawsuit on March 5, on behalf of whistleblower Scott Smith, who earlier last year was pressured by the Governor’s Office of Financial Management and the Washington State Department of Transportation to change the numbers in his reports that indicated that the cap-and-trade scheme was significantly impacting the cost of fuel. This occurred while the Governor was publicly accusing the fuel industry of lying about the cost of the program. When Smith refused to change his numbers, he was forced out of state service.
In December of 2023, CADF filed a tort claim form and sent a demand letter formally notifying the state of Smith’s claim. The state has so far refused to pay the claim or present a counteroffer, and the 60-day statutory time period has elapsed, so filing the lawsuit is the next step in the process.
The suit seeks an unspecified amount in damages, including loss of wages and pension, loss of reputation, and punitive damages. The lawsuit asserts four causes of action:
- Two statutory whistleblower retaliation claims
- One wrongful termination claim
- One negligence claim.
“I did my job, refused to ‘jimmy the numbers,’ and was shown the door by an agency that I served with integrity, in a field that I’d worked in for decades. This is not right,” said Smith. “All I am looking for is to be fairly compensated for what the state took from me in what would have been the last few years of my career.”
The Citizen Action Defense Fund (CADF) on December 19, 2023, submitted formal complaints with the civil rights divisions of both the Office of the Attorney General and the U.S. Attorney’s Office for the Western District of Washington related to allegations that the King County Prosecuting Attorney’s Office’s (KCPAO) mismanaged juvenile sexual assault cases and violated the civil rights of sexual assault survivors.
In August of 2023, the Citizen Action Defense Fund launched an investigation into alleged discrimination of Lynnwood Public Facilities District (PFD) board member Vivian Dong by Board Chair Mike Miller and Executive Director Janet Pope for their latest treatment of the newly appointed board member during Lynnwood Luau in 2023. As of March 2024, PFD has yet to provide all the requested documentation to local media and law firms regarding their investigations.
“We are proud to continue this fight for Scott and all of the other state employees like him who want to do their jobs without being bullied for political reasons,” said Jackson Maynard, Executive Director and Counsel for CADF. “We gave the state the chance to do the right thing without the need for litigation and they declined. We look forward to the discovery process and proving Mr. Smith’s claims in court.”
