News / Politics / Clark County Politics

Secretaries sue Clark County prosecutor

Five former employees allege they were discriminated against

By Katie Gillespie, Columbian Education Reporter

Published: February 4, 2016, 7:58pm

UPDATE: According to the Clark County Prosecuting Attorney’s Office, Cowlitz County Superior Court Judge Michael Evans dismissed Kozlowski’s claims against Clark County Prosecutor Tony Golik and Chief Deputy Prosecutor Scott Jackson on Nov. 8. Kozlowski then voluntarily dismissed his remaining claims against the county with prejudice, meaning he can’t refile. On Feb. 5, Evans dismissed the wrongful termination, and discrimination and retaliation claims by Jackson, De Stael, Wray and Plew.

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Five former Clark County legal secretaries are suing the prosecuting attorney’s office, alleging discrimination by a prosecutor they claim is anti-union.

Jennifer Jackson, Kathleen De Stael, Kellie Wray, Jamie Plew and Matt Kozlowski filed a lawsuit in Clark County Superior Court on Thursday against Prosecutor Tony Golik and Deputy Prosecutor Scott Jackson. The suit alleges the pair wrongfully terminated and retaliated against the five after they sought union protection during a workplace harassment investigation.

In the suit, Vancouver employment attorneys Greg Ferguson, Alan Harvey and Jim David allege the secretaries were harmed by a “systemic pattern and history of discrimination and reprisal by the county prosecutor against employees who exercise their right to be free from discrimination in the workplace.”

The complaint centers around an investigation into Kozlowski’s emails, which the suit alleges was launched days before the longtime union member planned to file a whistleblower complaint with the county auditor’s office showing an alleged pattern of discrimination against union employees. Scott Jackson led that investigation, according to the lawsuit.

In an email between Kozlowski and the four women discovered during that investigation, Kozlowski hinted that he planned to shoot a supervisor during union negotiations. Kozlowski was later arrested on suspicion of felony harassment, but the state Attorney General’s Office dropped the case in April.

Scott Jackson interviewed the four women during the investigation. The women alleged that Jackson pressured them into saying Kozlowski’s emails made them fear for their safety. The four women refused, however, and sought legal counsel and union assistance.

The women were placed on administrative leave the following day, and filed a tort claim last May seeking damages. Three months later, they were fired. The tort claim, which sought $250,000 in damages for all four women, expired without the prosecutor’s office responding.

Allegations denied

The Clark County Prosecutor’s Office, however, denied the allegations of discrimination or retaliation in a statement released to The Columbian on Thursday, saying the secretaries were fired for “making and failing to report threats of workplace violence.”

“All of the plaintiffs were terminated for just cause after comprehensive investigations into their conduct while employed by Clark County,” the prosecutor’s office said in the statement. “Mr. Kozlowski’s union was aware of his misconduct and chose not to challenge his termination.”

Katie Gillespie

Columbian Education Reporter

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