// :: AM CV 1 IN THE CIRCUIT COURT FOR THE STATE OF OREGON IN THE COUNTY OF MULTNOMAH MICHAEL BOYLE, v. Plaintiff, THE CITY OF PORTLAND, a municipal corporation Defendant. Case No. -cv- AMENDED COMPLAINT UNLAWFUL EMPLOYMENT ACTIONS AMOUNT PLEADED $0,000.00 NOT SUBJECT TO MANDATORY ARBITRATION JURY TRIAL DEMANDED Plaintiff, Michael Boyle, alleges the following: 1. This action is an action for damages and equitable relief, including compensatory damages, back pay, front pay, and attorneys fees and costs, to redress violation of Oregon law, to correct unlawful employment practices, to vindicate Plaintiff's right to work in an environment free from discrimination and retaliation, and to make Plaintiff whole. Plaintiff also seeks injunctive relief.. This is an action under Oregon's statutory provisions requiring state and local government entities to provide veterans and disabled veterans preference in public employment PAGE 1 AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL (0)1- Fax (0) 1-
and under Oregon s statutory provisions prohibiting unlawful employment practices.. Venue is in Multnomah County because the claims arose in Portland, Multnomah County, Oregon.. Plaintiff Michael Boyle ( Plaintiff ) is a citizen of the United States. At all times material, Plaintiff worked for Defendant City of Portland in Multnomah County, Oregon. Plaintiff is a disabled veteran.. Defendant City of Portland ( Defendant ) is an Oregon municipal corporation.. On May 0, and May,, Plaintiff provided Defendant City of Portland with supplemental notices of tort claim concerning Defendant s failure to provide Plaintiff with veterans preference in public employment. Said supplemental notices of tort claim were received by appropriate person or persons at Defendant s Bureau of Risk Management, including but not limited to, Becky Chiao.. From September, 1 through September,, Plaintiff served in the United States Army. Plaintiff received the National Defense Service Medal and was honorably discharged on September, with a service-related disability to his left shoulder. As of March, Plaintiff has a 0% disability rating.. At all times relevant, Defendant s employees and supervisors, as their conduct is alleged PAGE AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL (0)1- Fax (0) 1-
herein, were acting within the course and scope of their employment with Defendant. FACTS. On August,, Plaintiff was hired by Defendant. When Plaintiff applied for a job with Defendant, Plaintiff provided a copy of federal form DD confirming that Plaintiff was a disabled veteran to Defendant. Plaintiff also provided Defendant with a letter from the United States Veterans Administration confirming his status as a disabled veteran.. In, Plaintiff applied for a management position, Public Works Supervisor II (PWS II). Plaintiff again provided Defendant with a copy of federal form DD confirming he was a disabled veteran and presented a letter from the United States Department of Veterans Affairs confirming his status as a disabled veteran.. In, Plaintiff was promoted into City of Portland management as a Public Works Supervisor II (PWS II). This and all subsequent management jobs Plaintiff held or applied for were civil service positions.. In 00, Plaintiff was promoted to the position Public Works Manager in Defendant City of Portland s Bureau of Transportation (PBOT). He was assigned to Maintenance Operations. His Public Works Manager position was later reclassified upward to Senior Public Works Supervisor (SPWS) with no loss of responsibility or pay. /// /// PAGE AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL (0)1- Fax (0) 1-
. During Plaintiff's career as a PWS II, Public Works Manager, and SPWS, Plaintiff was a highly cross-trained manager for Defendant. During his employment as a SPWS, he received two PBOT Director s Team Awards.. In early May,, Plaintiff received notice from a PBOT Manager that he would be laid off effective June 0, along with other SPWSs. On May,, Plaintiff received a letter from Tom Miller, who then was the Director of PBOT. In that letter, Miller wrote that PBOT eliminated Plaintiff s position as Senior Public Works Supervisor because the job classification was eliminated.. On or about January,, Plaintiff filed an administrative complaint for discrimination and retaliation by Defendant with the EEOC. The EEOC co-filed a complaint under Oregon Revised Statutes chapter A with the Oregon Bureau of Labor and Industries. On May 1,, Plaintiff filed a lawsuit against Defendant in Multnomah County Circuit Court for failing to provide him with veterans preference in public employment and other unlawful employment practices.. On October,, Plaintiff filled out one of Defendant City of Portland NeoGov applications on line. Plaintiff applied for the open position of Public Works Supervisor II in Defendant s Water Bureau which paid up to $, per month. With his application, Plaintiff submitted a copy of federal form DD as well as a copy of the letter from the United States Department of Veterans Affairs proving that he is a disabled veteran with a service-connected PAGE AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL (0)1- Fax (0) 1-
disability. Plaintiff was qualified for the position by the City of Portland Bureau of Human Resources. On December,, Plaintiff was interviewed for the position by a panel including Ty Kovatch, Charles Smith, Kevin Suell, and Chris Warner. On December,, Plaintiff learned he was not selected for the position. Defendant City hired both Chris Redfield and Aron Anderson for the position, neither of whom were veterans or disabled veterans.. On November,, Plaintiff filled out another of Defendant City of Portland s NeoGov applications on line. Plaintiff applied for the job of Parking Control Manager in Defendant s Portland Bureau of Transportation which paid up to $, per month. With his application, Plaintiff submitted a copy of federal form DD and a copy of the letter from the United States Department of Veterans Affairs proving that he is a disabled veteran with a service-connected disability. Plaintiff was interviewed for the Parking Control Manager position by Marnie Glick. On January,, Plaintiff learned he was not selected for the position. Kelly Sills was selected for the job. Kelly Sills is not a disabled veteran.. On November,, Plaintiff filled out another of Defendant City of Portland s NeoGov applications on line. Plaintiff applied for the job of Business Operations Manager in Defendant s Portland Bureau of Transportation which paid up to $, per month. With his application, Plaintiff submitted a copy of federal form DD and a copy of the letter from the United States Department of Veterans Affairs proving that he is a disabled veteran with a service-connected disability. Plaintiff was interviewed for the Business Operations Manager position by Alissa Maher, Greg Jones and others but was not selected. On January 1,, Alissa Maher notified Plaintiff that he was not selected for the position and that she selected PAGE AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL (0)1- Fax (0) 1-
another candidate, Andrew Carlstrom, a former member of the Mayor s staff. Andrew Carlstrom is not a veteran or disabled veteran. FIRST CLAIM FOR RELIEF (ORS 0.0 - Failure to provide veterans preference in public employment). Plaintiff alleges all relevant previous paragraphs as though fully set forth herein.. At all times material, Plaintiff is a veteran. At all times material, Plaintiff is a disabled veteran.. Pursuant to ORS 0.0, Plaintiff is entitled to preference in public employment because of the service he provided to the United States of America. Plaintiff is also entitled to additional preference as a disabled veteran.. Defendant failed to provide Plaintiff with preference as a veteran and as a disabled veteran at every step of the application process as required by Oregon law as to Plaintiff s applications for the jobs of Public Works Supervisor II Water Bureau, Parking Control Manager Portland Bureau of Transportation, and Business Operations Manager Transportation, jobs which were awarded to non-veterans between December and January.. Defendant s failure to give veterans preference to Plaintiff in accordance with the law was a violation of ORS 0.0 and is an unlawful employment practice. PAGE AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL (0)1- Fax (0) 1-
. Plaintiff is entitled to a declaration that Defendant violated ORS 0.0.. Plaintiff suffered from and continues to suffer economic damages including but not limited to lost wages and benefits, lost earning capacity and other expenses. Plaintiff is entitled to an award for his past lost wages and benefits, lost earning capacity and other expenses. Plaintiff s economic damages are continuing in nature and are not presently known, but for the purpose of ORCP, Plaintiff s past economic damages as of the date of this Amended Complaint are approximately, $0,000.00, said amount to be amended. Plaintiff's current economic damages claim is not expected to exceed $00,000.00. Plaintiff reserves the right to amend this amount prior to or during trial, as the evidence requires.. To the extent any amount awarded to Plaintiff is for damages occurring prior to the entry of judgment, Plaintiff is entitled to an award of pre-judgment interest at the legal rate from the date the damage occurred until the date of judgment pursuant to ORS.0.. Pursuant to ORS Chapter ORS A. and ORS., the Plaintiff is entitled to recover reasonable attorney fees and costs, including expert witness fees.. Plaintiff is entitled to post judgment interest on all damages, costs, expenses, and fees from the date of judgment until the date paid. /// /// PAGE AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL (0)1- Fax (0) 1-
SECOND CLAIM FOR RELIEF (ORS A.00(f) Discrimination because of opposing an unlawful employment practice or because of filing a complaint, testifying or assisting with any proceeding under chapter A) Plaintiff alleges all relevant prior paragraphs as though fully set forth herein. PAGE AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL. 0. Plaintiff opposed an unlawful employment practice or filed a complaint, testified or assisted in a proceeding under Chapter A. 1. Defendant engaged in prohibited discrimination on the basis of Plaintiff s protected conduct under ORS A.00(f) by failing to hire him into positions for which he applied.. Defendant s actions violated ORS A.00(f), constitute an unlawful employment practice, and caused Plaintiff economic and non-economic damages as set forth below. Plaintiff is entitled to a declaration that Defendant violated ORS A.00(f)... As a result of Defendant s conduct, Plaintiff suffered, and continues to suffer economic damages including but not limited to past and future lost wages, past and future lost benefits, and other expenses. Plaintiff is entitled to an award for past lost wages and benefits and future lost earnings, benefits, and lost earning capacity, and other compensatory damages for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other non-pecuniary losses.. (0)1- Fax (0) 1-
Plaintiff s economic damages are continuing in nature and are not presently known, but for the purpose of ORCP, Plaintiff s past economic damages as of the date of this Amended Complaint are $0,000.00. Plaintiff's current economic damages claim is not expected to exceed $00,000.00. Plaintiff reserves the right to amend this amount prior to or during trial, as the evidence requires.. Plaintiff is entitled to non-economic damages sufficient to compensate him for his emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other non-pecuniary losses in an amount to be proved at trial. Plaintiff s non-economic damages are continuing in nature and are not presently known, but for the purpose of ORCP, Plaintiff s noneconomic damages are not expected to exceed $0,000.00. Plaintiff reserves the right to amend this amount prior to trial, as the evidence requires.. To the extent any amount awarded to Plaintiff is for damages occurring prior to the entry of judgment, Plaintiff is entitled to an award of pre-judgment interest at the legal rate from the date the damage occurred until the date of judgment pursuant to ORS.0.. Pursuant to ORS Chapter ORS A. and ORS., the Plaintiff is entitled to recover reasonable attorney fees and costs, including expert witness fees.. Plaintiff is entitled to post judgment interest on all damages, costs, expenses, and fees from the date of judgment until the date paid. /// PAGE AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL (0)1- Fax (0) 1-
PRAYER FOR RELIEF Plaintiff prays for the following judgment against Defendant: 1. Declare Defendant in violation of the statutory provisions under which Plaintiff brings this action and grant a permanent injunction enjoining Defendant, its management personnel, employees, agents, successors, and assignees, and all persons in active concert or participation with Defendant, from engaging in unlawful practices on such terms as the Court may direct.. Order Defendant to make Plaintiff whole by compensating Plaintiff for Plaintiff's past and future lost earnings and benefits of employment, and lost earning capacity as may be available on each of Plaintiff s claims for relief in the current amount of $0,000.00, said amount to be amended before trial.. Ordering Defendant to pay Plaintiff an award of compensatory damages for nonpecuniary losses, including physical and emotional injury, pain and suffering, mental anguish, humiliation, embarrassment, and loss of enjoyment of life as may be available on each of Plaintiff's claims for relief in the current amount of $0,000.00, said amount to be amended before trial.. Equitable relief, including but not limited to, placing Plaintiff in the positions denied to him;. Order Defendant to pay Plaintiff for costs of suit, disbursements, expert witness fees pursuant to ORS A... Order Defendant to pay Plaintiff s attorney fees; and. Order such further and alternative relief in favor of Plaintiff as the Court may deem just and equitable, including requiring Defendant to comply with ORS 0.0 in all PAGE AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL (0)1- Fax (0) 1-
hiring and promotion decisions involving Plaintiff in the future. JURY TRIAL DEMAND Plaintiff demands a jury trial on all questions of fact or combined questions of law and fact raised by this complaint. Dated: December,. /s/ Cynthia Gaddis Daniel Snyder, OSB No. dansnyder@lawofficeofdanielsnyder.com Carl Post, OSB No. 0 carlpost@lawofficeofdanielsnyder.com Cynthia Gaddis, OSB No. cindygaddis@lawofficeofdanielsnyder.com Telephone: (0) 1- Facsimile: (0) 1- Of Attorneys for Plaintiff PAGE AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL (0)1- Fax (0) 1-