Opinion
3:20-cv-06028-JHC
05-15-2023
KIM SNELL, Plaintiff, v. THE STATE OF WASHINGTON; DEPARTMENT OF SOCIAL AND HEALTH SERVICES, JUDITH A. FITZGERALD and UNA I. WILEY Defendants. Witness Name and Address General Subject of Inquiry Form of Testimony
AGREED PRETRIAL ORDER
JURISDICTION
Jurisdiction is vested in this Court by virtue of 28 U.S.C. §1367 (Supplemental Jurisdiction).
CLAIMS AND DEFENSES
The Plaintiff will pursue at trial the following claims:
1. Defendants conduct violated the Plaintiff's rights under the Washington Law Against Discrimination, RCW 49.60 et seq. as supplemented by RCW 42.40 et seq.
2. Defendants violated Plaintiff's rights in violation of RCW 42.40 et seq.
The Defendants will pursue the following affirmative defenses:
1. Defendants will pursue the affirmative defense that they acted in good faith at all times in the performance of their duties and therefore are immune from suit for the matters alleged in the Complaint.
2. Defendants will pursue the affirmative defense that their manifest a reasonable exercise of judgment and discretion by authorized public officials made in the exercise of governmental authority entrusted to them by law and are not actionable.
3. Defendants will pursue the affirmative defense that the damages and/or injuries alleged to have been sustained by Ms. Snell, if any, were caused or contributed to by her own fault and intentional actions.
4. Defendants will pursue the affirmative defense that Plaintiff failed to mitigate her damages.
5. Defendants will pursue the affirmative defense that Ms. Snell's injuries and damages, if any, arise out of a condition of which Ms. Snell had knowledge and to which Ms. Snell voluntarily subjected herself.
ADMITTED FACTS
1. Plaintiff Kim Snell is a former employee of Defendant Washington Department of Social and Health Services, commonly referred to as DSHS.
2. In 2013, Ms. Snell started her employment as a Support Enforcement Technician in DSHS's Division of Child Support (DCS). In 2014, she was transferred to DSHS's Office of Financial Recovery (OFR) and promoted to Revenue Agent 1. On March 1, 2016, she obtained an appointment as a Revenue Agent 2 with a Salary Range 50/Step E. By 2017 she was promoted to Revenue Agent 4 (RA 4), reporting to Ms. Shawn Hoage. There are seven units within the OFR, including the vendor unit, the client unit, the residential unit, the Western State Hospital unit, the Eastern State Hospital unit, the contractors unit, and the estate recovery unit. Ms. Snell worked in the estate recovery unit.
3. Ms. Snell is a vested member of the PERS Plan 2, a Washington State retirement system.
4. The PERS 2 employee formula is as follows: 2% multiplied by service credit years multiplied by Average Final Compensation (AFC) equals the monthly benefit.
5. As a Revenue Agent 4, effective July 16, 2017, Ms. Snell had a Salary Range 56/Step H, $4,977 a month. In October 2018, Ms. Snell's salary increased to a Range 56/Step L, $5,866 a month.
6. Effective August 16, 2019, when Ms. Snell was appointed to the WMS Collection Manager position, she received an annual salary of $92,000/WMS Band 2, approximately $7,666 a month. “WMS” refers to the Washington Management Service, a decentralized personnel system for civil service managers.
7. Effective February 1, 2020, when Ms. Snell was reverted back to Revenue Agent 4, her salary went back to a Salary Range 56/Step L, $5,886 a month. Then, effective July 1, 2021, her salary had a cost-of-living increase to $6,063 a month.
8. Effective August 2, 2021, when Ms. Snell was demoted from a Revenue Agent 4 to Support Enforcement Officer 2, her salary decreased to a Salary Range 49/Step L, $5,102 a month. The Support Enforcement Officer 2 did not increase to a Range 52 until July 2022.
9. In November 2021, Ms. Snell resigned from DSHS, and started employment at the Department of Commerce as a Commerce Specialist 3 in the Affordable Housing Division on December 1, 2021.
10. Effective December 1, 2021, Ms. Snell's salary was $5,630 a month; and effective July 1, 2021, Ms. Snell received a 3% raise for the cost of living, adding $182 a month to her salary.
11. Effective October 1, 2022, Ms. Snell's salary increased by 5%, increasing Ms. Snell's salary to $6,105 a month.
Admitted Facts Regarding Shawn Hoage:
12. In December 2018, Ms. Shawn Hoage was the Estate Recovery Program Manager, a position in the WMS series, and Ms. Snell's direct supervisor.
13. Ms. Hoage gave Mr. Ken Washington, a peer manager, as a gag gift, a desk-top punching bag.
14. Ms. Snell reported that some staff expressed concerns about Mr. Washington's hitting the punching bag.
15. Ms. Anmarie Aylward, the DSHS Director of Finance and Financial Resources in the Economic Services Administration (ESA), learned through her reporting chain, that Ms. Hoage had gifted the desk-top punching bag to Mr. Washington.
16. Ms. Aylward determined it was inappropriate for Ms. Hoage to give a gift to Mr. Washington, as it showed favoritism, and instructed Ms. Hoage not to do it again.
17. In September 2018, Ms. Snell underwent reconstructive spine surgery and took leave for the surgery and recovery.
18. On October 12, 2018, OFR employee MarLyn Brown made a complaint to Human Resources (HR) regarding Ms. Hoage's treatment of her.
19. On December 19, 2018, Ms. Hoage was on a telephone call with a relative. Ms. Lisa Ellis, an employee in Ms. Hoage's chain of command, asked Ms. Hoage to take the call elsewhere.
20. On December 20, 2018, Ms. Hoage and Ms. Ellis had a loud exchange while Ms. Ellis was in her cubicle and Ms. Hoage stood at the entrance to the cubicle.
21. Ms. Snell witnessed the December 20, 2018, interaction between Ms. Ellis and Ms. Hoage at Ms. Ellis's cubicle. Ms. Snell was Ms. Ellis's direct supervisor.
22. Ms. Snell reported the December 20, 2018, interaction to Ms. Hoage's supervisor, Bryce Montgomery.
23. After Ms. Snell reported the December 20, 2018, interaction to Mr. Montgomery, Ms. Aylward requested HR investigate Ms. Snell's report.
24. DSHS placed Ms. Hoage on alternative assignment, away from the OFR office, during the investigation. Ms. Hoage was on alternative assignment from January 1 through June 30, 2019.
25. On March 22, 2019, Ms. Snell provided a witness statement to Mr. Harry Wakefield in connection with the investigation of the complaint about Ms. Hoage.
26. On May 13, 2019, DSHS issued Ms. Hoage a Notice of Intent to take disciplinary action for violations of DSHS policies arising from Ms. Hoage's conduct during her December 20, 2018, interaction with Ms. Ellis at Ms. Ellis's cubicle.
27. On May 29, 2019, the investigation secured two additional witness interviews. On June 4, 2019, the investigator issued an amended investigative report.
28. On June 10, 2019, Ms. Aylward issued a Written Reprimand to Ms. Hoage for violating DSHS policy arising from Ms. Hoage's conduct during her December 20, 2018, interaction with Ms. Ellis at Ms. Ellis's cubicle.
29. On June 12, 2019, then DSHS Secretary Cheryl Strange received a petition signed by 31 individuals asking DSHS not to return Ms. Hoage to the OFR office on 8th Avenue in Olympia. At the time the petition was received, Ms. Hoage had not yet returned to the OFR office.
30. Ms. Snell signed the petition that Secretary Strange received on June 12, 2019.
31. Secretary Strange requested an investigation of Ms. Hoage based upon the allegations in the petition she received on June 12, 2019. Ms. Hoage remained on alternative assignment, away from the OFR office, during this second investigation. The investigator for the investigation into the allegations of the petition received on June 12, 2019, conducted witness interviews between June 20 and August 29, 2019.
32. The DSHS Investigations Unit issued a letter, also dated June 12, 2019, to the people who had signed the petition advising that if they were subjected to retaliation, then they should let their supervisor, human resources, or their unit manager know immediately.
33. The investigator of the allegations in the June 2019 petition submitted to Secretary Strange issued her report on October 2, 2019.
34. On October 31, 2019, DSHS Assistant Secretary for Facilities, Finance, and Analytics Administration Judy Fitzgerald issued a Notice of Closed Investigation to Ms. Hoage advising her that the investigation into allegations regarding inappropriate workplace behavior had been completed, and that no discipline would be imposed.
35. After Ms. Fitzgerald's letter, Ms. Hoage returned to the OFR office and continued working as the Estate Recovery Program Manager, including supervision of several subordinate units, including the Estate Recovery Unit.
36. As a result of Ms. Snell's promotion to Collection Manager in August 2019, upon Ms. Hoage's return to the OFR office in late November 2019, she reported directly to Ms. Snell.
37. On December 12, 2019, Ms. Snell had her first meeting with Ms. Hoage as Ms. Hoage's supervisor.
38. The next day, Ms. Snell reported to her direct supervisor Ms. Una Wiley, the DSHS Chief of Office of Financial Recovery, that Ms. Snell believed Ms. Hoage's conduct during their meeting was inappropriate.
39. Ms. Snell forwarded to Ms. Wiley an email that she had received from Ms. Hoage regarding their conversation on December 12, 2019.
Other Admitted Facts:
40. In June 2018, DSHS hired Ms. Amber Wright as an Office Assistant 3 in the OFR office.
41. Over the next thirteen months, Ms. Wright received a promotion with a salary increase.
42. In January 2019, DSHS hired Ms. Wiley as the DSHS Chief of Office of Financial Recovery.
43. At the time Ms. Wiley was hired, Ms. Snell was the Estate Recovery Unit Supervisor.
44. From March 2019 through September 2019, Ms. Wiley praised Ms. Snell with favorable feedback on her performance as documented through emails.
45. In May 2019, Plaintiff received a Leadership Award for Excellence in Public Service.
46. Ms. Aylward and Ms. Wiley identified a need for Ms. Wiley to have a permanent full-time administrative assistant. Ms. Wiley originally expected the position to be Office Assistant 3 position.
47. A Position Description Form (PDF) is an official State document that describes job duties, essential functions, and qualifications and is reviewed by a Classification and Compensation Unit to determine the job title and associated pay rate.
48. The appointing/approving authority for a position and the direct supervisor of a position sign the PDF prior to submitting the form to the Classification and Compensation Unit for determination of the job's classification and compensation.
49. In spring 2019, OFR created the Management Analyst 4 (MA 4) position as the permanent full-time administrative assistant to Ms. Wiley's position by reallocating a vacant Office Assistant 3 position. The new MA 4 position was an overtime-eligible position subject to the DSHS Collective Bargaining Agreement.
50. In June 2019, the new Management Analyst 4 position was publicly posted to be filled.
51. Fifteen people, both internal and external to OFR, applied for the new MA 4 position, with three candidates being interviewed, including Ms. Wright.
52. Ms. Wiley, as the direct supervisor of the new MA 4 position, participated on the interview panel to identify the applicant who would be offered the position.
53. Following the panel interviews, Ms. Wright was hired into the new MA 4 position.
54. Ms. Aylward was the approving/appointing authority for the MA 4 position.
55. Ms. Wiley's signature appeared on the last page of the PDF for the MA 4 position. Also on the PDF is a cursive signature stating Kim Snell's name.
56. Ms. Snell was not the supervisor for the new MA 4 position.
57. On July 12, 2019, Ms. Wright received the letter promoting her to the new MA 4 position with a salary increase.
58. In July 2019, DSHS placed the Office of Financial Recovery under the Facilities, Finance, and Analytics Administration, which change made Assistant Secretary Fitzgerald the approving/appointing authority for OFR.
59. In August 2019, OFR posted an advertisement for a new Collections Manager position. The Collections Manager position was an exempt WMS 2 position.
60. In August 2019, Ms. Snell applied for and, as the result of a competitive selection process, was selected for promotion to the Collection Manager position, subject to a 12-month trial service period. The annual salary for the Collection Manager position was $92,000. Ms. Wiley was not part of the interview panel for the Collection Manager position. On August 19, 2019, Ms. Snell accepted the Collection Manager position.
61. The PDF for Ms. Snell's Collection Manager position indicated the position had three direct reports-the Vendor Recovery/Client Enforcement Manager, the Eastern State State Hospital Manager, and the Estate Recovery Program Manager.
62. In October 2019, Ms. Wiley emailed OFR staff that the OFR core business hours were 9 a.m. to 4 p.m., and that employees needed to contact her for any variations in their work schedules.
63. On October 7, 2019, while Ms. Wiley was on vacation, Ms. Snell met with Ms. Tiffany Womack-Valdez in HR to discuss concerns she had about Ms. Wiley.
64. At the October 7, 2019, meeting, Ms. Snell reported to Ms. Womack-Valdez her concerns about (1) a forgery on the MA 4 position description form, (2) Ms. Wright's telling her that Ms. Wiley gave Ms. Wright the interview questions in advance of the MA 4 interview, (3) Ms. Wiley's offering Ms. Snell the interview questions before Ms. Snell interviewed for the Collections Manager position and her refusal of that offer, (4) the FICO conference in New York City, (5) her witnessing of Ms. Wiley's personal attacks on her then direct report Mr. Chris Boyd, and (6) her fear of retaliation.
65. On October 28, 2019, Ms. Snell emailed Assistant Secretary Fitzgerald to request an appointment with her.
66. In October 2019, Ms. Wiley communicated with HR about wanting to end Ms. Snell's trial service as the Collection Manager. Melanie Roberts from Human Resources (“HR”) responded that Ms. Wiley should “give it more time,” “keep coaching her,” and “set[] clear expectations.”
67. From November 3-8, 2019, Ms. Wiley and Ms. Snell attended the FICO annual conference in New York City at the Hilton in Time Square.
68. Assistant Secretary Fitzgerald approved Ms. Wiley's and Ms. Snell's attendance at the FICO annual conference.
69. Ms. Wiley and Ms. Snell had seen a live, online demonstration of the FICO system in Olympia before attending the FICO annual conference.
70. A FICO representative offered to provide additional training in Olympia if OFR requested it.
71. The per person cost to attend the FICO annual conference in New York City in November 2019 was $5,542.
72. On November 12, 2019, Ms. Snell met with Assistant Secretary Fitzgerald.
73. Ms. Snell was Ms. Wiley's backup to review and approve leave for other supervisors in the OFR.
74. In late January 2020, Ms. Wiley raised with Assistant Secretary Fitzgerald the issue of reverting Ms. Snell to her prior position.
75. Assistant Secretary Fitzgerald approved reverting Ms. Snell to the RA 4 position she held prior to her promotion to Collection Manager.
76. On January 30, 2020, Ms. Snell received a letter from Assistant Secretary Fitzgerald advising that, effective February 1, 2020, Ms. Snell would revert to her former RA 4. Ms. Snell's salary returned to that of an RA 4. Ms. Snell's new supervisor was Ms. Colleen Snider.
77. Following her reversion to RA 4, Ms. Snell was told to continue working from the desk she occupied as the Collection Manager.
78. In January 2020, Ms. Snider was promoted to Financial Recovery Billing Manager with a salary of $92,000. Her supervisor was Ms. Wiley.
79. On February 4, 2020, Ms. Snell sent an email to HR, with a courtesy copy to DSHS management, expressing concerns she had about Ms. Wiley and her reversion to RA 4.
80. On February 5, 2020, Assistant Secretary Fitzgerald and Ms. Melanie Roberts from HR had a meeting about Ms. Snell's email.
81. Ms. Snell filed two Tort Claims.
82. Ms. Snell's first Tort Claim was filed on June 26, 2020.
83. Ms. Snell's second Tort Claim was filed on August 20, 2021.
84. DSHS initiated an investigation of Ms. Snell, and DSHS placed Ms. Snell on alternative assignment at an alternate location during the investigation.
85. Ms. Snell was accused of violating HIPPA because a few patient names, date of admission, and a DSHS number only known to DSHS, were on the bottom of an email submitted with her Tort Claim for the information contained in the email.
86. On September 23, 2020, during the investigation of Ms. Snell, and after Ms. Snell was already on alternative assignment at an alternate location, Ms. Wiley suspended Ms. Snell's supervisory duties.
87 On April 9, 2021, Ms. Snell received a Notice of Intent to Discipline from DSHS's Acting Chief of Staff Lisa Yanagida.
88. DSHS's Acting Chief of Staff Lisa Yanagida disciplined Ms. Snell for borrowing money from staff and violating HIPPA based upon Ms. Snell's admissions to her.
89. By letter of July 23, 2021, Ms. Snell was advised that DSHS was demoting her from Revenue Agent 4, Salary Range 56, to Support Enforcement Officer 2, Salary Range 49, effective August 2, 2021.
90. In September 2020, Ms. Wiley left DSHS for a position as an Accounting Manager with the Washington Department of Children, Youth, and Families.
91. In September 2022, Assistant Secretary Fitzgerald retired from DSHS.
ISSUES OF LAW
(1) Whether Defendants' conduct violated Plaintiff's rights under the Washington Law Against Discrimination RCW 49.60 et seq as supplemented by RCW 42.40.
(2) Whether Defendants violated Plaintiff's rights under RCW 42.40 et seq.
EXPERT WITNESSES
(a) Defendants shall be limited to one (1) expert witness on the issues of damages.
(b) The name(s) and addresses of the expert witness(es) to be used by each party at the trial and the issue upon which each will testify is:
(1) On behalf of plaintiff: none.
(2) On behalf of defendant: Economist William Partin, CPA/ABV/MAFF/CFE, Mueller & Partins, P.S. Inc., 816 Evergreen Point Road, P.O. Box 882, Bellevue, WA 98039 who will testify as to Plaintiff's asserted damages should the jury find liability.
OTHER WITNESSES
The names and addresses of witnesses, other than experts, to be used by each party at the time of trial and the general nature of the testimony of each are:
(a) On behalf of Plaintiff:
Witness Name & Address
General Subject of Inquiry
Form of Testimony
Kim Snell, c/o Kram & Wooster 1901 So. I Street, Tacoma, WA 98405 360-451-4647
May testify regarding disparate treatment, reports made by her about unfair hiring practices, discrimination, matters of public importance, harassment, toxic workplace, waste of government funds, and forgery. Also, may testify regarding her repeated concerns of retaliation, her damages sustained by treatment accorded to her and denial of promotional opportunities and her demotions.
Will Testify
Lisa Ellis, Revenue Agent 2 PO Box 6204 Olympia, WA 98507 360-280-9604
May testify regarding her experience and reported complaints made by her of discriminatory and harassing conduct by Hoage in the workplace.
Will Testify
Dean Absher, Program Manager 253-381-7234 17815 - 38th Avenue East Tacoma, WA 98446 253-846-8193
May testify regarding his experience with management (Hoage, Wiley, Fitzgerald) and his various reported complaints and concerns over the years regarding discrimination, harassment, and retaliation at DSHS. May also testify to promotional opportunities he was denied.
Possible witness only
Amy Evans, Former Revenue Agent 2 (as of 6/1/22 with Dep't of Commerce) 360-229-6947 3104 Lilly Road NE Olympia, WA 98506
May testify regarding the Hoage cubicle incident she witnessed, reports made by her about Hoage's history of retaliation, bullying and favoritism, and her knowledge of Plaintiff's concerns.
Will testify
Shawn Hoage, Financial Recovery Program Manager West 41 Shadow Valley Ct. Shelton, WA 98584 360-427-0808
May testify regarding her employment; her investigations; and complaints made by staff about her.
Possible witness only
Harry Wakefield, Chief, Enterprise and Operations Support, ESA / Former Investigator 377 Partridge Drive N.W. Olympia, WA 98502 360-593-3396
May testify regarding his investigation of Hoage and his research into the workplace bullying and discrimination complaint made by Lisa Ellis and Plaintiff.
Possible witness only
Tamie Jensen, Former OFR Supervisor 4717 - 26th Avenue SE Lacey, WA 98503 360-789-9698
May testify regarding her interview for Hoage's investigation with Harry Wakefield.
Possible witness only
Bob Lancendorfer, Revenue Agent 3 5709 Emerald Street SE Lacey, WA 98513 360-915-9435/360-701-4711
May testify regarding his recollection of Hoage's cubicle incident; why he did not get involved; his experience of bullying, retaliation, and favoritism by Ms. Hoage, and his knowledge of Plaintiff's concerns.
Possible witness only
Janet McIntyre, Former Office Assistant 3 91 West Storeybrook Lane Shelton, WA 98584 360-427-3809/360-490-9262
May testify regarding the Hoage cubicle incident, her fear of Ms. Hoage, Ms. Hoage's contact during Hoage's investigation, her recollection the Management Analyst 4 process that she witnessed, and her knowledge of Plaintiff's concerns.
Will testify
Douglas Jacobs, Former HR Consultant 4 (Investigator), 10718 East 9th Avenue Spokane Valley, WA 99206 509-844-8876
May testify regarding his contact with appointing authority about Hoage investigation and his knowledge of Plaintiff's concerns.
Possible witness only
Una Wiley, Former OFR Office Chief 661 Jeffries Road, Chehalis, WA 98532 360-664-5569
May testify regarding her time as Office Chief; relationship with Wright; issues raised by Plaintiff; and knowledge of Plaintiff's concerns.
Possible witness only, may testify live or by deposition
Debra Chase, Revenue Agent 2 2416 North Pearl Street Centralia, WA 98531 360-269-2136
May testify regarding her knowledge of Plaintiff's concerns and her experience of toxic workplace in OFT.
Possible witness only
Amber Wright, Management Analyst 4/ Former Office Assistant 3 2424 Olympia Avenue NE Olympia, WA 98506 360-664-5470/360-584-0288
May testify regarding her employment as Office Assistant 3, her DJA appointment and duties within that job, promotion to MA4, her relationship to Plaintiff and Wiley, and issues raised by Plaintiff.
Possible witness only, may testify live or by deposition
Patty Nutt, HR Consultant 2 2647 Ballantine Drive SE Olympia, WA 98501 360-456-1346
May testify regarding her awareness of HR practices in the agency, how promotions were handled, and the system in place for accommodation requests, issues raised by Plaintiff.
Possible witness only
Yolanda Geolingo, Former HR Representative/ Classification & Compensation Specialist 14944 Terra View Street SE Yelm, WA 98597 210-884-2012
May testify regarding her awareness of HR practices in agency; how promotions were handled; and her experience as Classification and Compensation Specialist, and issues raised by Plaintiff.
Possible witness only
Laetitia Thompson, Former OFR Enforcement Officer 2128 South Cushman Ave Tacoma, WA 98405 253-468-8688
May testify regarding her knowledge of Plaintiff's abilities as a leader; her experience working with Wiley, and her knowledge of Plaintiff's concerns.
Will testify
Patty Hendrix, Financial Recovery Supervisor 6015 West Wind River Drive Spokane, WA 99208 509-714-9115
May testify regarding her awareness of the history and actions in unit, and her knowledge of Plaintiff's concerns.
Possible witness only
Cheryl Strange, DSHS Secretary 1996 Canterbury Place SW Olympia, WA 98512 360-250-0804
May testify regarding the Hoage petition from employees her knowledge of Plaintiff's concerns, and issues raised by Plaintiff.
Possible witness only
Erik Kjesbu, Former Revenue Agent 3 and Union Shop Steward 515 - 2nd Avenue SW Tumwater, WA 98512 360-259-9803/360-943-0654
May testify regarding the Hoage petition from employees and his knowledge of Plaintiff's concerns.
Will testify
Judy Fitzgerald, Former DSHS Assistant Secretary 1721 9th Ave SE Olympia, WA 98501 360-481-2275
May testify regarding her knowledge of Plaintiff's concerns and other employee complaints made to management, issues raised by Plaintiff, the Hoage investigation, and her resignation.
Possible witness only, may testify by deposition
Pam McCaslin, Former Chief of Operations and Administration, FFAA, Fitzgerald's Assistant 15920 Gibson Road SW Tenino, WA 98589 360-870-4578
May testify regarding her knowledge of Plaintiff's concerns, issues raised by Plaintiff, and demotion from Collection Manager position.
Possible witness only
Tiffany Womack-Valdes, DSHS HR Manager 120 East 82nd Street Tacoma, WA 98404 360-890-6380
May testify regarding her knowledge of Plaintiff's concerns, issues raised by Plaintiff, and Plaintiff's reports to HR.
Will testify live or by deposition
Wendy Long, Senior Director, HR 13428 - 173rd Street East Puyallup, WA 98374 253-228-3037
May testify regarding her awareness of policies, treatment of employees, complaints made and actions taken, and issues raised by Plaintiff.
Possible witness only
Lori Manning, Deputy Director HR 17705 - 67th Avenue East Puyallup, WA 98375 253-262-1735/253-495-9966
May testify regarding her awareness of policies, treatment of employees, complaints made and actions taken, her knowledge of Plaintiff's concerns, and issues raised by Plaintiff.
Possible witness only
David Stillman, Former Assistant Director DSHS Economic Services/ Former Assistant Secretary, ESA 5045 Rehklau Road SE Olympia, WA 98513 253-219-5484
May testify regarding his awareness of policies, treatment of employees, complaints made and actions taken, and his knowledge of Plaintiff's concerns.
Possible witness only
Georgia Armstrong-Cezar, Former HR Consultant 4 (Investigator) 360-701-0879 /3637 Arbor Drive SE Lacey, WA 98503
May testify regarding his involvement and assignment in reviewing employee petition against Hoage as investigator; the 2016 employee survey he reported and management training; and issues raised by Plaintiff, and other staff complaints made about management.
Possible witness only
MarLyn Brown, Former Revenue Agent 2 803 Euclid Way Centralia, WA 98531 360-229-0791
May testify regarding her knowledge of Hoage and Washington harassment, reports she made regarding hostile work environment, and her knowledge of Plaintiff's concerns.
Possible witness only
Kenneth Washington, Revenue Agent 4 5420 B Kensington Lane SW Tumwater, WA 98512 360-402-0671
May testify regarding the punching bag, his relationship with Hoage, and his knowledge of Plaintiff's concerns and issues raised by Plaintiff.
Possible witness only
John Hoodenpyle Former Office Assistant 3 3223 Wilderness Drive SE Olympia, WA 98501 360-584-9791
May testify regarding his reason for retiring early, complaints he reported, and knowledge of Plaintiff's concerns
Possible witness only
Aleta Quimbly, Former Financial Recovery Account Program Manager 247 - 171st Avenue SE Tenino, WA 98589 360-701-8564/360-264-2472
May testify regarding her reason for retiring early, Hoage's abuse toward her, and knowledge of Plaintiff's concerns.
Possible witness only
Joe Christy, AGO Employee 7141 Cleanwater Drive SW Olympia, WA 98501 360-586-6549
May testify regarding abuse and harassment he experienced from Hoage, issues raised by Plaintiff, and knowledge of Plaintiff's concerns
Possible witness only
Christopher Boyd, Revenue Agent 3 253-359-3592 608 39th Ave SW H-204 Puyallup, WA 98373
May testify regarding his reprimand in 2019; the harassment he endured from Wiley, concerns he reported about management, issued raised by Plaintiff, and knowledge of Plaintiff's concerns.
Will testify
Susan Sumner, HR Consultant 3 7719 - 48th Avenue SE Lacey, WA 98503 360-556-0190
May testify regarding her awareness of DSHS HR policies and practices as followed and applied in practice; issues raised by Plaintiff; and knowledge of Plaintiff's concerns.
Possible witness only
Beverly Hernandez, Former Revenue Agent 2 1518 Country Squire Drive Richmond, TX 77406 253-290-3931/253-209-3931
May testify regarding her reason for retiring early, the letter she sent to Fitzgerald, her experience at OFR and her complaints she reported, issues raised by Plaintiff, and knowledge of Plaintiff's concerns.
Will testify
Richard Pannkuk, Deputy Assistant Secretary FFAA 3116 Wintergarden Drive Olympia, WA 98501 360-753-8826
May testify regarding his role to support and help staff; his contact with Plaintiff regarding the urgency of speaking with Judy Fitzgerald in January 2020; and knowledge of Plaintiff's concerns.
Possible witness only
Audrey Malkovich Former FA 3 in Accounting Unit 2890 Martin Street Dupont, WA 98327 253-912-0460
May testify regarding her knowledge of Plaintiff's concerns, issues raised by Plaintiff, and her role on the interview panel for the MA4 position.
Will testify
Christopher Andrews, Former Revenue Agent 11913 - 16th Avenue SE Olympia, WA 98501 360-350-7097
May testify regarding his experience at OFR, his wife's MA4 application, accusations made against him by Wiley, issues raised by Plaintiff, and knowledge of Plaintiff's concerns.
Will testify
Hannah Andrews, Management Analyst 5 1913 16th Ave SE Olympia, WA 98501 360-239-4475
May testify regarding her MA4 application as a candidate.
Possible witness only
Ashley Whitney, Former Office Assistant 3 1225 Fern Street SW Apt V111
May testify regarding her experience working under Ms. Wright and her termination meeting.
Possible witness only
Olympia, WA 98502 360-972-1324
Alex Dumar, Plaintiff's Son-In-Law 19900 Tamarack Dr Rochester, WA 98579 360-280-9792
May testify regarding his awareness of the impact of discriminatory and retaliatory treatment upon Plaintiff.
Possible witness only
Blake Ragsdale, Plaintiff's Daughter 2115 Fairweather Way Fountain, CO 80817 360-819-6639
May testify regarding her awareness of the impact of discriminatory and retaliatory treatment upon Plaintiff.
Will testify
Charnelle Usher, Revenue Agent 2 3052 O'Brien Street Dupont, WA 98327 253-307-6224
May testify regarding her reason for leaving her position while under Wiley, and knowledge of Plaintiff's concerns.
Possible witness only
Colton Ragsdale Plaintiff's Son 727 Canterwood Dr Se Lacey, WA 98503 360-660-4555
May testify regarding his awareness of the impact of discriminatory and retaliatory treatment upon Plaintiff.
Will testify
Jessica Warrington, Revenue Agent 23027 Donovan Loop SE, Apt. B Olympia, WA 98501 360-350-2915
May testify regarding her awareness of working conditions and events in OFR; accusations made against her by Wiley; and knowledge of Plaintiff's concerns.
Possible witness only
Karen Roney, Revenue Agent 2 2711 Adams Street SE Olympia, WA 98501 360-704-8667
May testify regarding her awareness of working conditions and events in OFR, experience of Wiley's conduct, and knowledge of Plaintiff's concerns.
Will testify
Lynn Larsen, Former Revenue Agent 2 16105 Prairie Villa Street SW Tenino, WA 98589 360-701-3605/360-858-7622
May testify regarding her awareness of working conditions and events in OFR, accusations made against her by Wiley, and knowledge of Plaintiff's concerns.
Will testify
Lori Wambold, Revenue Agent 2 2517 Woodfield Loop SE Olympia, WA 98501 360-701-3605
May testify regarding her awareness of working conditions and events in OFR, experience of Wiley's conduct; and knowledge of Plaintiff's concerns.
Possible witness only
Madison Dumar, 19900 Tamarack Dr Rochester, WA 98579 Plaintiff's Daughter 360-999-7009
May testify regarding her awareness of the impact of discriminatory and retaliatory treatment upon Plaintiff.
Will testify
Patty Bonner, Former Accounting Supervisor 1401 Alder Street SE Lacey, WA 98503 360-789-6914/360-455-4009
Aware of working conditions and events in OFR. Wiley accused her and Plaintiff of talking about collection manager position before the candidate was selected.
Possible witness only
Phyllis Baas, Plaintiff's Aunt 212 21st Ave SE Olympia, WA 98501 360-486-4266
May testify regarding her awareness of the impact of discriminatory and retaliatory treatment upon Plaintiff; and of acts and procedures in Washington State government.
Will testify
Scott Snell Plaintiff's Brother 1103 Summit Lake Shore Rd Olympia, WA 98502 360-786-8531
May testify regarding his awareness of the impact of discriminatory and retaliatory treatment upon Plaintiff.
Possible witness only
Kelli Yake Plaintiff's Sister 1609 17th CT SE Lacey, WA 98503 360-561-4799
May testify regarding awareness of the impact of discriminatory and retaliatory treatment upon Plaintiff.
Possible witness only
Tamra Derrick, Revenue Agent 2 1215 West Walnut Street Centralia, WA 98531 360-870-6576
May testify regarding her awareness of working conditions and events in OFR; involvement in both investigation interviews by HR and WSP, and her knowledge of Plaintiff's concerns.
Possible witness only
Lori Montgomery, Revenue Agent 4 7617 Greenridge Loop SW Olympia, WA 98512 360-878-2068
May testify regarding her awareness of working conditions and events in OFR; experience on interview panel with Plaintiff; reasons her leaving employment.
Will testify
Kelly Ellars 1703 Alder St. SE Lacey, WA 98503 360-918-6926
May testify regarding her awareness of impact the work environment has had upon Plaintiff.
Will testify
University of Washington 3525 Ensign RD NE Suite B Olympia WA 98506 360-507-9100
May testify regarding the medical care of Plaintiff.
Possible witness only
Harbor Spine Center 908 Jefferson St Seattle, WA 98104 206-520-5000
May testify regarding Plaintiff's major surgery and early return to work.
Possible witness only
Annmarie Aylward, Director of OFR 360-915-6550/360-451-7449 5524 - 13th Avenue SW Olympia, WA 98512
May testify regarding awareness of employee complaints and her knowledge of Plaintiff's reported concerns, creation of the Management Analyst 4 Position, and issues raised by Plaintiff.
Will testify
Elia Blanchard, Revenue Agent 3 360-623-2390 5516 - 188th Avenue SW Rochester, WA 98579
May testify regarding her awareness of working conditions and events in OFR and knowledge of Plaintiff's concerns.
Possible witness only
Arthur Douglas, Former Fiscal Analyst 2 9119 Kelly Court NE Lacey, WA 98516 360-438-1769
May testify regarding his reason for retiring early and the organizational changes made by Wiley.
Possible witness only
Steve Fettig, Revenue Agent 2 1820 - 64th Way SE Tumwater, WA 98501 360-481-4667
May testify regarding his awareness of working conditions and events in OFR and knowledge of Plaintiff's concerns.
Possible witness only
Shannon Garrick, Former Revenue Agent 2 4201 South Decatur Boulevard, #2206 Las Vegas, NV 89103 206-854-8105
May testify regarding her awareness of working conditions and events in OFR; a conversation with Plaintiff discussing a trip to Las Vegas; and knowledge of Plaintiff's concerns.
Will testify
Ryan Guy, Administrative Assistant 2 569 State Highway 507 South Tenino, WA 98589 520-405-2838
May testify regarding his awareness of Hoage harassment, internal issues, Plaintiff's trial service ending, and general conditions he experienced at OFR.
Possible witness only
Carrie D. Hartmann, Former Revenue Agent 1 44 Downey Lane Oakville, WA 98568 360-561-7285/360-273-5837
May testify regarding her knowledge of harassment and toxic workplace with Colleen Snider and Wiley; her reason for quitting; and overall conditions at OFR.
Will testify
Linda Hughes, Revenue Agent 11700 Lakepark Drive SW, #4 Tumwater, WA 98512 360-923-5962
May testify regarding her awareness of working conditions and events in OFR and knowledge of Plaintiff's concerns.
Possible witness only
Rose Hunkin, Revenue Agent 3 1306 Miller Avenue NE Olympia, WA 98506 360-528-1051
May testify regarding her awareness of working conditions and events in OFR; knowledge of WSH processes; experience with the organizational changes made by Wiley, and her position description form.
Possible witness only
Richard Lince, Office Assistant Lead 3335 Martin Way East, Apt. 208 Olympia, WA 98506 360-943-3588/206-371-1496
May testify regarding his awareness of working conditions and events in OFR, and experience working with Wright.
Possible witness only
Courtney McConnell, Financial Recovery Account Program Manager 9144 Bordeaux Road SW Olympia, WA 98512 360-584-2592
May testify regarding her awareness of working conditions and events in OFR; her accusations against Plaintiff; her knowledge of Plaintiff's concerns; and issues raised by Plaintiff. Her relationship with Una Wiley.
Possible witness only
Telisha McNeil, Revenue Agent 2 1107 N.W. Queensview Court Yelm, WA 98597 360-791-9122
May testify regarding her awareness of working conditions and events in OFR; observations of a toxic workplace environment, experienced with Hoage, Snider, and Wiley, and complaints she made to EAP and result.
Possible witness only
Pier Mitchell, Employee Investigations Administrator 10622 - 92nd Street SW Tacoma, WA 98498 253-203-8823
May testify regarding Plaintiff's HR investigation as she was the interviewer of all interviews, and issues raised by Plaintiff.
Possible witness only
Brice Montgomery, Chief, ESA Staff Services & Risk Management (Former OFR Chief) 3002 North Mason Avenue Tacoma, WA 98407 253-476-1399
May testify regarding his role as acting chief during Hoage incidents and experience with Hoage, his awareness of the forgery and report, and issues raised by Plaintiff.
Will testify
Sherry Otis, Former Revenue Agent 2 4400 Lambeth Lane SE Lacey, WA 98513 360-870-1624
May testify regarding her reason for retiring early; the process of Wiley opening a reasonable accommodation for her; and her awareness of working conditions and events in OFR.
Possible witness only
Melinda Rice, Revenue Agent 2 1110 Fircrest Drive Tacoma, WA 98466 253-444-7712
May testify regarding her awareness of working conditions and events in OFR and her experience of Hoage and Wiley abuse.
Possible witness only
Kristie Rivera, Revenue Agent 2 6115 Balboa Lane SE Lacey, WA 98503 360-890-7191
May testify regarding her interviews in Plaintiff's investigation and issued raised by Plaintiff.
Possible witness only
Melanie Roberts, HRBP Office Chief, at DSHS 7406 North Pittsburg Street Spokane, WA 99217 360-670-9408
May testify regarding her knowledge of issues raised by Plaintiff, awareness of Plaintiff's concerns, and involvement with Plaintiff's reports and investigations.
Will testify
Colleen Snider, Former Supervisor Client Enforcement Unit of OFR (now Chief of OFR) 3102 Grass Lake Lane N.W. Olympia, WA 98502 360-701-6050
May testify regarding issues raised by Plaintiff and awareness of Plaintiff's concerns,
Possible witness only
Lisa Yanagida, Director, Administrative Services 8044 Ellison Loop N.W. Olympia, WA 98502 360-870-1941
May testify regarding her time as chief of staff and her involvement in Plaintiff's demotion and issues raised by Plaintiff.
Possible witness only
Kirk Zier, Former Fiscal Analyst 2 PO Box 451 Olympia, WA 98507 360-754-3411
May testify regarding his reason for retiring early, and his experience of abuse by Hoage.
Possible witness only
Cortney Wagner, Office Lead Assistant (as of 8/1/19 with Transportation Commission) 1218 Everest Court SE Olympia, WA 98503 360-870-5436
May testify regarding her DJA position Wiley gave her, issued raised by Plaintiff, and her application process for the Management Analyst 4 position.
Possible witness only
Linda Wright, Former Revenue Agent 2 11425 - 10th Avenue Ct. E. Apt. 1204 Tacoma, WA 98445 253-226-9948
May testify regarding the organizational changes made by Wiley, her awareness of working conditions and events in OFR, and her reason for retiring early.
Possible witness only
Margaret Nzomo Fiscal Analyst 2 OFR. 1115 Washington St SE Olympia WA 45861 360-819-0739
May testify regarding the DEI summit and her awareness of the impact of discriminatory and retaliatory treatment upon Plaintiff.
Will testify
1115 Washington St SE Olympia WA 45861
Witness Name and Address
General Subject of Inquiry
Form of Testimony
Kim Snell c/o Richard Wooster 1901 South I Street Tacoma, WA 98405 253-572-4161
Ms. Snell is the Plaintiff and will testify as to the facts of this case, likely as an adverse witness to Defendants
Will testify
Judy Fitzgerald 1721 9th Ave SE Olympia, WA 98501 360-481-2275
Will testify by deposition regarding her role as overseeing the OFR including but not limited to her responsibilities as the appointing/approval authority for OFR, her communications with Kim Snell during the relevant time period, and employment actions take with regard to Ms. Snell.
Will testify by deposition
Shawn Hoage West 41 Shadow Valley Court Shelton, WA 98584 360-427-0808
Will testify as to her return to OFR in December 2019, and her supervision by Kim Snell and to matters of concern she observed and reported to Chief Wiley regarding Kim Snell's actions as a manager.
Will testify
Courtney McConnell
Will testify that she told Kim Snell personal confidential information about her home life and found out Ms. Snell told other OFR employees which she reported to Chief Wiley because it upset her, embarrassed her, and made her uncomfortable; and about her other interactions and work issues with Ms. Snell;
Will testify
Colleen Snider 3102 Grass Lake Lane N.W. Olympia, WA 98502 360-701-6050
Will testify as to her work as a manager, and her interactions with her peers, including Kim Snell.
Will testify
Courtney Wagner 1218 Everest Court SE Olympia, WA 98503 360-870-5436
Will testify as to her DJA and working with Una Wiley on administrative matters as well as her complaints regarding interference in her work
Will testify
111
duties, personnel matters and confidential personal information by Ms. Snell.
Una Wiley 661 Jeffries Road Chehalis, WA 98532 360-664-5569
Will testify as to all matters related to operations and management of the OFR, including but not limited her supervision of Kim Snell and complaints received by OFR employees regarding Kim Snell, her reporting of employees' complaints against Ms. Snell, and subsequent employment action with regard to such complaints, the re-organization of the OFR, including developing various new positions such as the MA4 and Collections Manager positions and reorganizations of duties and responsibilities, her approval of Developmental Job Assignments (DJA) for employees Amber Wright, Courtney Wagner, and Janet McIntyre, and her attendance in November 2019 at a collections conference in New York City which she attended with Ms. Snell.
Will testify
Tiffany Womack-Valdes 120 East 82nd Street Tacoma, WA 98404 360-890-6380
Will testify to her interactions with OFR employees with regard to HR matters, including with but not limited to interactions with Una Wiley and Kim Snell.
Will testify
Amber Wright 2424 Olympia Avenue NE Olympia, WA 98506 360-584-0288
Will testify as to her interactions with her peers, including Kim Snell, and her relationship with Kim Snell as her supervisor. Will also testify about her DJA, and her application for and accepting the MA4 position. Will also testify about her reporting matters of concern to Una Wiley regarding information she received from other employees regarding Ms. Snell.
Will testify
Lisa Yanagida 8044 Ellison Loop N.W. Olympia, WA 98502 360-870-1941
Will testify regarding the HR investigations which occurred and hearings she conducted in 2020 and 2021 with regard to allegations against Kim Snell.
Will testify
Anmarie Aylward 5524 - 13th Avenue SW Olympia, WA 98512 360-915-6550/360-451-7449
May testify as to employment actions she took in 2019 as the overseer of OFR and as the appointing/authorizing authority for OFR.
Possible witness only
Melanie Roberts 7406 North Pittsburg Street Spokane, WA 99217 360-670-9408
May testify as to her interactions with Judy Fitzgerald, Kim Snell and other OFR employees as an HR employee.
Possible witness only
Ken Washington 5420 B Kensington Lane SW Tumwater, WA 98512 360-402-0671
May testify as to supervisory assignments regarding the Estate Recovery Unity and other units at OFR, and his interactions with peers, including Kim Snell.
Possible witness only
EXHIBITS
Plaintiff does not intend to present exhibits in electronic format. Defendant will present its exhibits in electronic format.
The Plaintiff lists the following as exhibits, except those to be used for impeachment only, that it intends to offer at the time of trial:
PLAINTIFF'S EXHIBITS
EX. #
DESCRIPTON
AUTHENTICITY
ADMISSIBILITY
OBJECTION
ADMITTED
1.
WITHDRAWN
2.
OFR Petition Against Hoage dated 06/12/2019
Stipulated
Disputed
R
3.
DSHS Policy 19.66 RE: Discrimination & Harassment
Stipulated
Stipulated
X
4.
Executive Order 96-01 WSP Investigation Authority
Stipulated
Stipulated
X
5.
WITHDRAWN
6.
Snell Email to HR RE: Reversion dated 02/04/2020
Disputed
Disputed
H
7.
Position Description Form MA4 with Notes dated 05/20/2019
Disputed
Disputed
H
8.
Snell Email Chain Scheduling HR Meeting RE: Concerns dated 10/07/2019
Disputed
Disputed
H
9.
Snell Single Email Scheduling HR Meeting RE: Concerns dated 10/07/2019
Disputed
Disputed
H
10.
Snell Email to Fitzgerald Scheduling Meeting RE Concerns dated 10/31/2019
Disputed
Disputed
H
11.
WITHDRAWN
12.
Snell Leadership Award dated May 2019
Stipulated
Stipulated
X
13.
Wiley Email RE: Great Collection Results dated 03/29/2019
Disputed
Disputed
H
14.
Wiley Email Asking Snell to Revert with Notes dated 01/28/2020
Disputed
Disputed
H
15.
Hoage Email Admitting Investigation Discussion & Forwarded to Wiley dated 12/12/2019
Disputed
Disputed
H
16.
Wiley Email Praising Snell Work dated 09/18/2019
Stipulated
Stipulated
X
17.
Wiley Email Prohibiting Filling Vacant Position dated 10/28/2019
Stipulated
Stipulated
X
18.
Snell Email Outlining Accomplishments to Wiley dated 10/17/2019
Disputed
Disputed
H
19.
Bev Hernandez Email to Fitzgerald RE Poor Management dated 11/03/2019
Stipulated
Stipulated
X
20.
WITHDRAWN
21.
WITHDRAWN
22.
Quayle Order Granting Injunctive Leave Against DSHS
Stipulated
Disputed
R
23.
Wright Fake Calendar Appointments
Disputed
Disputed
H
24.
Snell WMS Collection Manager Appointment Letter dated 08/20/2019
Stipulated
Stipulated
X
25.
Revenue Agent 4 PDF dated 04/06/2017
Stipulated
Stipulated
X
26.
WITHDRAWN
27.
Stipulated
Stipulated
X
28.
Wright Office Assistant 3 Probationary Appointment Letter dated 06/15/2018
Stipulated
Stipulated
X
29.
Wright OA3 Job Application dated 05/25/2018
Stipulated
Stipulated
X
30.
Wright DJA Confirmation dated 03/11/2019
Stipulated
Stipulated
X
31.
Wright MA4 Promotion Letter dated 07/12/2019
Stipulated
Stipulated
X
32.
Wright MA4 Job Application dated 06/23/2019
Stipulated
Stipulated
X
33.
Wright Resume
Stipulated
Stipulated
X
34.
WITHDRAWN
35.
Wright Interview RE: Hoage Investigation dated 07/09/2019
Stipulated
Disputed
R
36.
Cat's Out of the Bag Email dated 03/01/2019
Disputed
Disputed
H
37.
Wright Statement RE Snell dated 10/25/2019
Stipulated
Stipulated
X
38.
Wright Email RE DEI Summit & Support Wiley dated January 2020.
Stipulated
Stipulated
X
39.
Wiley Email to HR RE: Snell Reversion dated 10/28/2019
Stipulated
Stipulated
X
40.
Org Chart dated 02/19/2019
Stipulated
Stipulated
X
41.
Snell Collection Manager Application dated 07/17/ 2019
Stipulated
Stipulated
X
42.
Hoage Reference RE: Collection Manager Application dated 08/09/2019
Stipulated
Stipulated
X
43.
Snell Interview RE: Hoage Investigation dated 07/09/2019
Stipulated
Stipulated
X
44.
Snell Request to Fill and Hire Approval Form dated 08/09/2019
Stipulated
Stipulated
X
45.
Wiley Email RE: Snell Salary dated 08/09/2019
Stipulated
Stipulated
X
46.
Position Description Form MA4 dated 05/30/2019
Stipulated
Stipulated
X
47.
Wiley Email RE: Granting Others Access to Sign in as Wiley dated 10/21/2019
Stipulated
Stipulated
X
48.
Unredacted Hoage Petition Investigation Report dated 10/02/2019
Stipulated
Disputed
R
49.
Snell Notice to Discipline & Demotion dated 07/23/2021
Stipulated
Stipulated
X
50.
Snell Performance Evaluation 2016/2017
Stipulated
Stipulated
X
51.
Snell Performance Evaluation 2017/2018
Stipulated
Stipulated
X
52.
Snell Performance Evaluation 2018/2019
Stipulated
Stipulated
X
53.
Snell Performance Evaluation 2019/2020
Stipulated
Stipulated
X
54.
AGO's Confirmation Letter of Amended Tort Claim, attached Amended Claim dated 08/20/2021
Stipulated
Disputed
R
55.
Anonymous Punching Bag Complaint to HR dated 10/23/2018
Stipulated
Disputed
R
56.
Brown Email to HR RE: Her Initial Complaint dated 10/2018
Stipulated
Disputed
R
57.
Ellis Email RE List of Employees Bullied by Hoage dated 01/25/2019
Stipulated
Disputed
R
58.
Snell Interview RE: Hoage Investigation dated 03/22/2019
Stipulated
Disputed
R
59.
Hoage Investigation Report dated 04/25/2019
Stipulated
Disputed
R
60.
Hoage Written Reprimand dated 06/10/2019
Stipulated
Stipulated
X
61.
Employee Petition, Email & Letter to Strange RE Hoage Abuse dated 06/12/2019
Stipulated
Disputed
R
62.
Karen Rodney Interview RE Hoage Investigation dated 06/25/2019
Stipulated
Disputed
R
63.
McIntyre Email RE: Hoage Contact During Investigation dated 07/12/2019
Stipulated
Disputed
R
64.
Wiley Email to OFR Stopping Processes dated 02/08/2019
Disputed
Disputed
H, R
65.
Wiley Email RE: Initial OA Supervisor Plan Range 38 with notes dated 02/25/2019
Disputed
Disputed
H
66.
Wiley Email Schedule Changes to Staff dated 12/15/2019
Stipulated
Stipulated
X
67.
Snell Email to Union Rep RE Derrick Contact with Wiley dated 09/25/2020
Stipulated
Stipulated
X
68.
Boyd Discrimination, Inappropriate Conduct, & Ethics Violation Complaint to HR 10/18/2019
Stipulated
Disputed
R
69.
Snell NY Travel Authorization
Stipulated
Stipulated
X
70.
FICO Demo Emails dated 08/17/2019
Disputed
Disputed
H
71.
Boyd Email to Wiley RE: Confusion dated 08/25/2019
Stipulated
Disputed
R
72.
Boyd Alternative Assignment Letter 05/31/2019
Stipulated
Disputed
R
73.
Wiley Email to Staff RE: Boyd Card Deactivated dated 05/31/2019
Stipulated
Disputed
R
74.
Wiley Email Stating Snell is Proven Leader dated 05.31.2019
Stipulated
Disputed
R
75.
McConnell Email to Wiley RE Boyd Concerns dated 10/17/2019
Stipulated
Disputed
R
76.
McConnell Email to Wiley RE: “One More Incident” dated 10/28/2019
Stipulated
Stipulated
X
77.
Tegan Email to Wiley Per Request RE: Boyd Concerns dated 10/18/2019
Stipulated
Stipulated
X
78.
Wiley Email to HR RE: Boyd Concerns dated 10/18/2019
Stipulated
Disputed
R
79.
Wiley Cancelled Biweekly Snell Meeting dated 07/03/2019
Stipulated
Stipulated
X
80.
Snider Managerial Appointment Letter dated 12/23/2019
Stipulated
Stipulated
X
81.
Snell Email to Fitzgerald Requesting Meeting & Fitzgerald Forwards to Wiley dated Oct. 2019
Stipulated
Stipulated
X
82.
Wiley Email Requesting Wright Statement with Attached Statement dated 10/28/2019
Stipulated
Stipulated
X
83.
Wiley Email to HR, Requesting to Revert Snell's Trial Service dated 10/28/2019
Stipulated
Stipulated
X
84.
Wiley Email Reporting Ethics Violation Against Snell dated 10/29/2019
Stipulated
Stipulated
X
85.
Snider Email to Wiley RE: Snell Conversation to Revert Snell dated 10.30.2019
Stipulated
Stipulated
X
86.
Fitzgerald No Response & Strange Included in Snell Email dated 02/25/2020
Stipulated
Stipulated
X
87.
Financial Recovery Collection Manager PDF Outlining Job Duties
Stipulated
Stipulated
X
88.
Wiley Email to Snell Removing Snell from Interview Panel for Rumors dated 01/28/2019
Stipulated
Stipulated
X
89.
Wiley “heads up” Email to Fitzgerald RE and Allegation Snell Shared Interview Questions dated 10/29/2019
Stipulated
Stipulated
X
90.
HR Email RE Request to Revert Snell & Fitzgerald Granting Wiley Permission to Revert dated 01/30/2020
Stipulated
Stipulated
X
91.
Pannkuk Email to OFR dated 02/05/2020
Disputed
Disputed
H
92.
Roberts Forwards Snell Email to HR dated 02/02/2020
Stipulated
Stipulated
X
93.
Fitzgerald & Roberts Meeting Recap with attached draft letter dated 02/05/2020
Stipulated
Stipulated
X
94.
Wiley Email to HR Happy to Reprimand Snell dated 03/05/2020
Stipulated
Stipulated
X
95.
Review of Potential Breach of HIPP A Protected Information included Communication with Wiley RE Tort Claim dated 08/07/2020
Disputed
Disputed
H
96.
Wiley Interference of Snell Investigation dated 09/29/2020
Stipulated
Stipulated
X
97.
Case Management dated 07/29/2020 RE Snell allegations of misconduct (sharing interview questions, borrowing money from staff; and living with employees when she had nowhere to live)
Stipulated
Stipulated
X
98.
Edible Email Chain
Stipulated
Stipulated MIL
X
99.
Snell Investigation Executive Summary RE: Allegations of Inappropriate Workplace Behavior, dated 08/28/2020
Stipulated
Stipulated
X
100.
WSP Investigation Report, Statements, Administrative Documents, & Addenda dated RE: Snell dated 11.30.2020
Stipulated
Stipulated
X
101.
Wiley Email Suspending Snell's Supervisory Duties dated 09/23/2020
Stipulated
Stipulated
X
102.
HR Email Telling Management Not to Discuss Snell Investigation via Email dated 04/06/2021
Stipulated
Stipulated
X
103.
Notice of Intent Letter to Take Disciplinary Action Against Snell dated 04/09/2021
Stipulated
Stipulated
X
104.
Ex. 103 Enclosure: (A) Investigation Report
Stipulated
Stipulated
X
105.
Ex. 103 Enclosure: (B) DSHS Administrative Policy 18.64
Stipulated
Stipulated
X
106.
Ex. 103 Enclosure: (C) DSHS Administrative Policy 18.66
Stipulated
Stipulated
X
107.
Ex. 103 Enclosure: (D) DSHS Administrative Policy 5.01
Stipulated
Stipulated
X
108.
Snell Pre-Disciplinary Meeting dated 07/23/2021
Stipulated
Stipulated
X
109.
Wooster Email Confirming HIPPA Redaction dated 08/12/2020
Stipulated
Stipulated
X
110.
Snell Pre-Disciplinary Meeting Transcript Notes
Stipulated
Stipulated
X
111.
Email Notifying Wooster of HIPP A Information in Tort Claim Exhibit dated 08/11/2020
Stipulated
Stipulated
X
112.
HIPPA 2018 Breach
Stipulated
Stipulated
X
113.
2-day Suspension without Pay RE: HIPPA Breach 75 Combined Times dated 05/13/2021
Stipulated
Disputed
R
114.
5-day Suspension without Pay RE: HIPPA Breach Intentionally Misrepresented Herself to Access PHI dated 02/04/2021
Stipulated
Disputed
R
115.
Absher Email and Letters to Secretary Strange RE Retaliation and Discrimination From Wiley dated 10/21/2020
Stipulated
Disputed
R
116.
WITHDRAWN
117.
Fitzgerald Resignation Letter dated 07/07/2022
Stipulated
Disputed
R
118.
Wiley Emails Praising Snell's Work
Disputed
Disputed
H
119.
NY FICO Reimbursement Request Report
Stipulated
Stipulated
X
120.
Snell Signatures
Stipulated
Stipulated
X
121.
PDF Signature Page
Stipulated
Stipulated
X
122.
WITHDRAWN
123.
Wiley Email Asking Snell to Revert 01.28.2020
Stipulated
Stipulated
X
124.
Letter to Petitioners RE Hoage Investigation Closure & No Retaliation dated 10/02/2019
Stipulated
Stipulated
X
125.
Hoage Notice RE: No Discipline dated 10/31/2019
Stipulated
Stipulated
X
126.
Ellis Statement RE: Hoage Cubicle Incident dated 12/20/2018
Stipulated
Disputed
R
127.
Evans Statement RE: Hoage Cubicle Incident
Stipulated
Disputed
R
128.
Hoage Modified Alternative Assignment Letter dated 12/27/2018
Stipulated
Disputed
R
129.
Wiley Email RE: Initial OA Supervisor Plan Range 38 with notes dated 02/25/2019
Stipulated
Stipulated
X
130.
Hoage Amended Investigation Report dated 06/04/2019
Stipulated
Disputed
R
131.
HR Investigator Email RE: Hoage Cubicle Incident dated 02/26/2019
Stipulated
Stipulated
X
132.
Wiley Email to Boyd RE Snell Leads Project dated 04/19/2019
Stipulated
Disputed
R
133.
Position Description Form MA4 dated 05/30/2019 with Supporting Documents
Stipulated
Stipulated
X
134.
Wright Email RE Interview Questions dated 06/05/2019
Stipulated
Stipulated
X
135.
Wright MA4 Approval Email dated 06/06/2019
Stipulated
Stipulated
X
136.
Case Management RE Hoage Misconduct
Stipulated
Disputed
R
137.
Hoage Notices of Investigation Letters dated July 2019
Stipulated
Disputed
R
138.
Internal Changes Email dated 07/30/2019
Stipulated
Stipulated
X
139.
Snell Filling Multiple Roles Email dated 08/28/2019
Stipulated
Stipulated
X
140.
Ex 140 Wright Emails MA4 PDF dated 10/01/2019
Stipulated
Disputed
R
141.
Wiley Email RE: MA4 Signature Page dated 10/03/2019
Stipulated
Stipulated
X
142.
Wiley Confidentiality Email to Staff dated 10/17/2019
Stipulated
Stipulated
X
143.
Wiley Email RE Granting Access to System to Sign 10/22/2019
Stipulated
Stipulated
X
144.
Snell Email Chain Scheduling Fitzgerald Meeting RE: Concerns dated October 2019
Stipulated
Stipulated
X
145.
Continued Snell Email Chain Scheduling Fitzgerald Meeting RE: Concerns dated 10/31/2019
Stipulated
Stipulated
X
146.
Snider Email to Wiley RE: Snell Allegations including Otis retirement dated 01/22/2020
Stipulated
Stipulated
X
147.
Wiley Notice Given Email dated 01/31/2020
Stipulated
Stipulated
X
148.
Hendrix Email to Wiley RE: concerns of information & changes to processes dated 10/31/2019
Stipulated
Stipulated
X
149.
Wiley Standup Email dated 11/22/2019
Stipulated
Stipulated
X
150.
Wiley Forwards Snell Decision Not to Revert to HR dated 01/28/2020
Stipulated
Stipulated
X
151.
HR Reversion Email Chain dated 01/30/2020
Stipulated
Stipulated
X
152.
Wiley Email Notifying Staff of Snell Reversion dated 02/02/2020
Stipulated
Stipulated
X
153.
Snell Reversion Letter dated 02.06.2020
Stipulated
Stipulated
X
154.
Boyd Reversion Letter dated 05/01/2019
Stipulated
Disputed
R
155.
Boyd Reassignment dated 04/20/2020
Stipulated
Disputed
R
156.
Washington Managerial Appointment dated 05/08/2020
Stipulated
Disputed
R
157.
Absher Email to Fitzgerald RE OFR situation & Wiley dated 06/16/2020
Stipulated
Disputed
R
158.
Acknowledgement of Tort Claim dated 07/13/2020
Stipulated
Stipulated
X
159.
Letter/Tort Claim to Risk Management
Stipulated
Stipulated
X
160.
PHI Disclosure Letters dated 09/10/2020
Stipulated
Stipulated
X
161.
WSP Notice of Investigation dated 09/23/2020
Stipulated
Stipulated
X
162.
Wooster Email Notice to DSHS WSP Investigation of Snell dated 09/24/2020
Stipulated
Stipulated
X
163.
Wiley Interference & Accusation Against Employee RE: Snell Investigation dated 09/29/2020
Disputed
Disputed
H
164.
Wiley Change of Supervisor Letter dated 08/23/2019
Stipulated
Stipulated
X
165.
Wiley Managerial Appointment dated 09/24/2020
Stipulated
Stipulated
X
166.
Snell's Reply to Disciplinary Allegations
Stipulated
Stipulated
X
167.
Email Chain Discussion to Fill Snell Positions
Stipulated
Stipulated
X
168.
Snell NOI Email Communication dated May 2021
Stipulated
Stipulated
X
169.
Snell NOI Request for Update dated 06/22/2021
Stipulated
Stipulated
X
170.
HR Email Chain RE: Pre-Meeting of Pre-Disciplinary Meeting dated 07/14/2021
Stipulated
Stipulated
X
171.
Email Chain between HR & DSHS Admin discussing SEO 2 level RE: Snell dated 07/28/2021
Stipulated
Stipulated
X
172.
Event: Questions about Snell Meeting dated 07/29/2021
Stipulated
Stipulated
X
173.
Roberts Email to Snell RE Meeting Follow-Up dated 07/29/2021
Stipulated
Stipulated
X
174.
Grievance Extension Request dated 08/17/2021
Stipulated
Stipulated
X
175.
Snell Employment Timeline
Disputed
Disputed
H
176.
No Grievance Filed Email dated 12/06/2021
Stipulated
Stipulated
X
177.
Snell Resignation Letter dated 11/18/2021
Stipulated
Stipulated
X
178.
DSHS Administrative Policy 18.34
Stipulated
Stipulated
X
179.
OFR Call Times Excel Report undated
Stipulated
Stipulated
X
180.
Snell Email RE Org Chart Removal with notation dated 10/27/2020
Disputed
Disputed
H
181.
Email RE OFR Mgmt Changes dated 10/03/2019
Disputed
Disputed
H
182.
Wright Email to Snell RE DJA dated 02/28/2019
Stipulated
Stipulated
X
183.
Wiley Email RE Wright DJA Request dated 03/10/2019
Disputed
Disputed
H
184.
Snell Removal from Phone Directory
Disputed
Disputed
H
185.
Estate Recovery Work Changes and Stats
Disputed
Disputed
H
186.
Estate Recovery Changes dated 09/29/2020
Disputed
Disputed
H, R
187.
Desk Level Stats Wiley Email dated 2/04/2020
Disputed
Disputed
H
188.
Estate Recovery Union Involvement dated 08/20/2020
Stipulated
Disputed
R
189.
Org Chart dated October 2020
Stipulated
Stipulated
X
190.
DSHS FFAA Org Chart dated 12/24/2019
Stipulated
Stipulated
X
191.
Wooster Letter to AG RE: Notice to Amend Complaint for Further Retaliation dated 08/04/2021
Stipulated
Stipulated
X
192.
Email Chain RE Wiley Interference of Snell Investigation dated 09/30/2020
Disputed
Disputed
H
193.
Interview Discrepancies from Union Rep dated 05/07/2022
Disputed
Disputed
H
194.
Ex 194 Snell Email to Aylward RE: Staff dated 01/02/2019
Disputed
Disputed
H
195.
Strange Email RE Harassment dated 09/24/2019
Stipulated
Stipulated
X
196.
Hoage Return Email Chain dated 06/12/2019
Stipulated
Disputed
R
197.
Hoage Email RE Inappropriate Meeting Conduct
Stipulated
Disputed
R
198.
OFR Changes Email Chain dated June 2019
Disputed
Disputed
H
199.
Wiley Headset Ban dated 02/21/2019
Disputed
Disputed
H
200.
Wiley Meeting Cancellation dated 03/13/2019
Disputed
Disputed
H
201.
Snell Email RE AG Concerns 07/30/2019
Disputed
Disputed
H
202.
Wiley Meeting Cancellations Notices
Disputed
Disputed
H
203.
Wiley Schedule Email Chain dated 02/20/2019
Disputed
Disputed
H
204.
Wiley Email RE: Absher Layoff dated 09/03/2019
Disputed
Disputed
H
205.
Email Chain RE: Boyd without Phone dated 06/01/2019
Stipulated
Disputed
R
206.
DSHS Administrative Policy 18.40
Disputed
Disputed
H
207.
Snell Interagency Referral Report
Stipulated
Stipulated
X
208.
WITHDRAWN
209.
Wiley Email Aware of Tort Claim dated 08/19/2020
Stipulated
Stipulated
X
210.
Snell Case Management RE Breach dated 02/23/2021
Stipulated
Stipulated
X
211.
Breach Number QR4PRY3HTP
Stipulated
Stipulated
X
212.
Breach Number NFSPBNJCKN
Stipulated
Stipulated
X
213.
Breach Number R6CBCTPSLT
Stipulated
Stipulated
X
214.
Breach Number 425L8VD3RB
Stipulated
Stipulated
X
215.
Breach Number KK9XYFSP2G
Stipulated
Stipulated
X
216.
Breach Number DLW8ZFDQ97
Stipulated
Stipulated
X
217.
Breach Number YRPHW8N6GW
Stipulated
Stipulated
X
218.
Breach Number NNKJP2DHB8
Stipulated
Stipulated
X
219.
Breach Number BHHC85XC8M
Stipulated
Stipulated
X
220.
Breach Number P3SJFLTVFT
Stipulated
Stipulated
X
221.
WITHDRAWN
222.
Snell Request to Fill and Hire Approval Form received 08/15/2019
Stipulated
Stipulated
X
223.
Snell Revenue Agent 4 Promotion Letter dated 07/11/2017
Stipulated
Stipulated
X
224.
Snell Revenue Agent 2 Appointment Letter dated 05/03/2016
Stipulated
Stipulated
X
225.
WITHDRAWN
Stipulated
226.
DOC Snell Pay Stub dated 12/23/2021
Stipulated
Stipulated
X
227.
DOC Snell Pay Stub 3% Increase dated July 2022
Stipulated
Stipulated
X
228.
DOC Snell Pay Stub 5% Increase dated October 2022
Stipulated
Stipulated
X
229.
Enforcement Officer 2 Current Salary Range
Stipulated
Stipulated
X
230.
Revenue Agent 4 Current Salary Range
Stipulated
Stipulated
X
231.
Enforcement Officer 2 Historical Salary Range
Disputed
Disputed
H
232.
Revenue Agent 4 Historical Salary Range
Disputed
Disputed
H
233.
Commerce Specialist 3 Historical Salary Range
Disputed
Disputed
H
234.
Commerce Specialist 3 Current Salary Range
Stipulated
Stipulated
X
235.
Office Assistant 3 Current Salary Range
Stipulated
Stipulated
X
236.
Snell Payroll Journal
Stipulated
Stipulated
X
237.
Management Analyst 4 Current Salary Range
Stipulated
Stipulated
X
238.
PERS Plan 2 -Department of Retirement Systems
Stipulated
Stipulated
X
239.
Snell Final Collection Manager Pay Stub dated 01/24/2020
Stipulated
Stipulated
X
240.
Snell Post Reversion First Revenue Agent 4 Pay Stub dated 02/25/2020
Stipulated
Stipulated
X
241.
Snell Final Revenue Agent 4 Pay Stub dated 08/10/2021
Stipulated
Stipulated
X
242.
Snell First Enforcement Officer 2 Pay Stub dated 08/25/2021
Stipulated
Stipulated
X
243.
Snell Enforcement Officer 2 Pay Stub dated 09/10/2021
Stipulated
Stipulated
X
244.
Snell Enforcement Officer 2 Final Pay Stub dated 11/21/2021
Stipulated
Stipulated
X
245.
DOC Snell Second Pay Stub dated 01/10/2022
Stipulated
Stipulated
X
246.
Snell Revenue Agent 4 Pay Stub Increase dated 07/26/2021
Stipulated
Stipulated
X
247.
Wiley Current Salary
Stipulated
Stipulated
X
248.
2020 WMS Schedule, Effective 07/01/2020
Stipulated
Stipulated
X
249.
Legislative Approved General Wage Adjustments revised 08/08/2022
Stipulated
Stipulated
X
250.
Exempt Management Salary (EMS) Structure 2022
Stipulated
Stipulated
X
251.
2022 WMS Schedule, Effective 07/01/2022
Stipulated
Stipulated
X
252.
General Service Salary Schedule Effective 07/02/2022
Stipulated
Stipulated
X
253.
WMS Handbook
Stipulated
Stipulated
X
254.
Absher Allocation Review dated 10/19/2022
Stipulated
Disputed
R
255.
WMS Collection Manager Salary Range dated July 2019
Stipulated
Stipulated
X
256.
General Service Salary Schedule Effective 07/02/2020
Stipulated
Stipulated
X
257.
Snell W2s dated 2018 -2022
Stipulated
Stipulated
X
258.
OFR Floor Plan
Disputed
Disputed
R
DEFENDANTS' EXHIBITS
The Defendant lists the following as exhibits, except those to be used for impeachment only, that it intends to offer at the time of trial:
EX. #
DESCRIPTON
AUTHENTICITY
ADMISSIBILITY
OBJECTION
ADMITTED
500.
Kim Snell Communication Log, Bates No. 106001501060022
Stipulated
Disputed
MIL; H
501.
10/3/2019 Email and Attachment from Patty Nutt to Una Wiley re: PDF with Snell Signature Block, Bates No. WA00001890-1892
Stipulated
Stipulated
502
8/20/2019 Kim Snell Appointment Letter, Bates No. WA00006971-6972
Stipulated
Stipulated
503
10/28/2019 Email and Attachment from Amber Wright to Una Wiley re: Kim Snell, Bates No. WA00004273-4274
Stipulated
Disputed
H
504
11/1/2019 Email from Courtney McConnell to Una Wiley re: Kim Snell, Bates No. WA00001814
Stipulated
Disputed
H
505
1/22/2020 Email from Colleen Snider to Una Wiley re: Kim Snell, Bates No. WA00000055
Stipulated
Disputed
H
506
9/5/2019 Email from Una Wiley to Kimberly Haverlock re: Expectations on Kim Snell's Promotion, Bates No. WA00007093
Stipulated
507
1/28/2020 Email from Judy Fitzgerald to Una Wiley re: Reverting Kim Snell, Bates No. WA00001821-1822
Stipulated
MIL; H
508
10/28/2019 Email from Una Wiley to Tiffany Womack-Valdes and Susan Sumner re: Kim Snell, Bates No. WA00005878
Stipulated
509.
Fitzgerald Letter to Snell re: WMS Reversion dated 1/30/2020
Stipulated
Stipulated
X
H
Inadmissible Hearsay
MIL
Subject of Motion in Limine
R
Relevance
TESTIMONY BY DEPOSITION
One witness, Defendant Judy Fitzgerald, will testify by deposition as she will be out of the country at the time of trial, having made travel arrangements when the parties anticipated having the trial occur in April 2023.
(a) The portions of Ms. Fitzgerald's deposition transcript that may be offered by Plaintiff at trial are: Deposition of Judy Fitzgerald, dated November 2, 2022, pages 5-102
(b) The portions of Ms. Fitzgerald's deposition transcript that will be offered by Defendants at trial are: Deposition of Judy Fitzgerald, dated November 2, 2022, pages 5-102.
ACTION BY THE COURT
(a) This case is scheduled for trial before a jury on Wednesday, May 31, 2023, at 9:00 a.m. in Courtroom 14106.
(b) Trial briefs shall be submitted to the court on or before May 23, 2023.
(c) Jury instructions requested by either party shall be submitted to the court on or before May 23, 2023. Suggested questions of either party to be asked of the jury by the court on voir dire shall be submitted to the court on or before May 23, 2023.
This order has been approved by the parties as evidenced by the signatures of their counsel. This order shall control the subsequent course of the action unless modified by a subsequent order.
This order shall not be amended except by order of the court pursuant to agreement of the parties or to prevent manifest injustice.