10/25/ :43 AM 17CV47062

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1 // : AM CV0 1 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION LAURIE J. HOLIEN, Case No. CV0 V, Plaintiff, OREGON MILITARY DEPARTMENT, an Oregon Government Entity, Defendant. Plaintiff alleges: COMPLAINT (Whistleblower Discrimination; Sex Discrimination and Retaliation; Wrongful Discharge) CLAIMS NOT SUBJECT TO MANDATORY ARBITRATION Prayer Amount: $,000,000 Filing Fee Statute: ORS.0( d) FIRST CLAIM FOR RELIEF (Whistleblower Discrimination - ORS A.) 1. Plaintiff is a resident and citizen of the State of Oregon.. Defendant Oregon Military Department is an agency and entity of the State of Oregon. At all material times, the Office of Emergency Management is part of the Oregon Military Department. At all material times, Defendant acted through agents and employees 1 - COMPLAINT BUSSE&HUN1' AMERICAN BANK BUIIDING S.W.MORRISON STREET PORTIAND, OREGON 1'ELEPHONE: (0) -<)0

2 who at all material times acted within the course and scope of their agency and employment for Defendant, and under color of state law.. Plaintiff provided Defendant with timely notice of her claims under the Oregon Tort Claims Act, ORS 0., by providing formal and/or actual notice to Defendant on January,, less than 0 days after the termination of her employment.. Defendant employed Plaintiff as Deputy Director of the Oregon Office of Emergency Management ("OEM") from on or about September, until August,, when Defendant terminated Plaintiffs employment and/or caused Plaintiff to resign in lieu of termination.. Prior to her termination from employment, Plaintiff discussed and/or disclosed information she believed to be evidence of Defendant's mismanagement, gross waste of funds, and/or abuse of authority, including but not limited to: a. b. mismanagement ofresources and waste of funds involving, inter alia, training and education for state employees; mismanagement, waste of funds and/or abuse of authority by former OEM Director and current Deputy Director of the Oregon Military Department, David Stuckey, regarding, inter alia, expenditure of federal grant funds and/or statutorily restricted -1-1 funds; - COMPLAINT Attomeys at Law AMERIC',AN BANK BillIDING S.WMORRISON STREET PORTLAND, OREGON TilLEPHONE: (0) &-00

3 c. use of federal grant funding to pay for non-grant-related expenses; d. use of -1-1 funds for non--1-1 related purposes; e. evasive and/or untruthful actions and statements in response to audit(s) of OEM's expenditures of federal grant money; f. obstruction of public records requests by news media, including but not limited to The Oregonian; and/or g. marginalizing, disparaging, and/or removing duties from highly qualified and trained state employees, including but not limited to Plaintiff, because they are female.. Defendant subjected Plaintiff to unlawful discrimination by discouraging, dissuading and/or preventing Plaintiff from engaging in the protected activities alleged in paragraph herein. Defendant further subjected Plaintiff to unlawful discrimination by terminating her employment and/or causing her to resign in lieu of termination in substantial part because she engaged in said protected activities.. As a result of said acts, Plaintiff has suffered and will suffer emotional distress, all to her non-economic damage in an amount to be proven at trial, which amount is alleged to be $,000,000.. As a further result of said acts, Plaintiff has suffered and will suffer economic loss in - COMPLAINT BUSSE & HU~-Y AMERICAN BANK BlllillING S.WMORRISON STREET PORTI.AND, OREGON TELEPHONE: (0) -00

4 a sum to be proven at trial, which sum is alleged to be $,000,000.. Pursuant to ORS. and ORS A., Plaintiff is also entitled to an award of reasonable attorneys' fees, expert witness fees, costs and disbursements. SECOND CLAIM FOR RELIEF (Whistleblower Discrimination- ORS A.). Plaintiff realleges paragraphs 1 through.. Prior to Plaintiffs termination, she reported information she believed to be evidence that Defendant had violated state and/or federal laws, rules or regulations, including but not limited to the information alleged in Paragraph herein. In addition, Plaintiff reported information she believed to be evidence of Defendant's violations of state and/or federal laws, rules or regulations prohibiting sex discrimination and retaliation, including but not limited to: a. exclusion from important meetings and strategic discussions, and limitation from important and visible roles, as compared to similarly situated male employees; b. offensive, dismissive, degrading and/or demeaning language of a sexist nature by one or more state employees, including but not limited to David Stuckey; c. mistreatment of a sexist nature toward Plaintiff, including offensive, - COMPLAINT AMERICAN B.ANKBUiilllNG S.W.MORRISON STREET PORTIAND, OREGON TELEPHONE: (0) &00

5 dismissive, degrading and demeaning conduct by one or more state employees, including but not limited to Mr. Stuckey; d. Defendant's inadequate response to Plaintiffs report of offensive, dismissive, degrading and/or demeaning language and/or conduct of a sexist nature by one or more state employees; and/or e. reduction and/or removal of Plaintiffs job responsibilities for discriminatory and/or retaliatory reasons.. Defendant subjected Plaintiff to unlawful discrimination by terminating Plaintiffs employment and/or causing Plaintiff to resign in lieu of termination in substantial part because she engaged in the protected activities alleged in Paragraphs and herein. THIRD CLAIM FOR RELIEF (Sex Discrimination - ORS A.00). Plaintiff realleges paragraphs 1 through.. Defendant subjected Plaintiff to unlawful sex discrimination by engaging in one or more of the following activities based, in substantial part, on her gender, viz - female: a. terminating Plaintiffs employment and/or causing her to resign in lieu of termination; b. excluding her from important meetings, discussions, appearances and duties; - COMPLAINT AMERICAN BANK BUUDING S.W.MORRISON STREET PORTIAND, OREGON 'l'elephone: (0) -00

6 C. d. e. f. subjecting her to offensive language and conduct of a sexist nature; obstructing her ability to perform the duties of her position, including but not limited to engagement with legislators, state employees and/or officials; obstructing opportunities for advancement of employment and/or career opportunities; and/or removing and/or limiting her job duties and/or supervisory responsibilities. FOURTH CLAIM FOR RELIEF (Retaliation - ORS A.00). Plaintiff realleges paragraphs 1 through.. Defendant terminated Plaintiffs employment and/or forced Plaintiff to resign in lieu of termination in substantial part because she opposed unlawful sex discrimination and/or engaged in the protected activities alleged in Paragraphs and herein. FIFTH CLAIM FOR RELIEF (Wrongful Discharge). Plaintiffrealleges paragraphs 1 through, and.. Prior to Plaintiffs termination, she engaged in an important public duty by disclosing, objecting to, and complaining about Defendant's mismanagement of public resources, gross - COMPLAINT AMERICA_N BANK BUILDING S.W.MORRISON STREET PORTIAND, OREGON TELEPHONE: (0) --00

7 waste of public funds, and abuse of authority by public employees, as alleged in Paragraph herein.. Prior to Plaintiffs termination, she exercised her important, employment-related right to complain that she was being subjected to sex discrimination and/or retaliated against for engaging in the protected conduct alleged in Paragraphs and herein.. A substantial factor in Defendant's decision to terminate Plaintiffs employment was that Plaintiff opposed unlawful sex discrimination and/or engaged in protected activities as alleged in Paragraphs and herein. WHEREFORE, Plaintiff prays for judgment as alleged in the claims stated above, together with any pre-judgment and post-judgment interest accumulated on such sum. DATED this th day of October,., OSB #00 Telephon 0-00 Facsimile: (0) - kbusse@busseandhunt.com Of Attorneys for Plaintiff Laurie Holien TRIAL ATTORNEY: R. KYLE BUSSE, OSB #00 - COMPLAINT AMERICAN BANK BUILDING s:w: MORRJSON STREET PORTIAND, OREGON TELEPHONE:(0) --00

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

//0 :: AM CV 0 0 RICKY PANG, v. IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH Plaintiff, XTREME CONSULTING GROUP, INC. dba XTREME PORTLAND, OR dba XTREME CONSULTING; SHAWN RIGGIN,