Chappell Lawsuit Revisited...

      July 26, 2006

      The long running lawsuit by Charles Chappell against the Town of Eatonville has been settled out of court. Court documents state, "Defendant Town of Eatonville agrees to pay the sum of $42,500 to Charles Chappell with 14 days in full settlement of his claims as set forth in Chappell v. Town of Eatonville, Pierce County, Cause No, 05-2-06219 and the parties shall execute a dismissal of said lawsuit with prejudice." For more about the lawsuit please see below.

Lawsuit Settled out
 of court...

      July 26, 2006: The long running lawsuit by Charles Chappell against the Town of Eatonville has been settled out of court. Court documents state, "Defendant Town of Eatonville agrees to pay the sum of $42,500 to Charles Chappell with 14 days in full settlement of his claims as set forth in Chappell v. Town of Eatonville, Pierce County, Cause No, 05-2-06219 and the parties shall execute a dismissal of said lawsuit with prejudice."

Chappell Lawsuit Against Town Set for Settlement Conference

       July 23, 2006

     According to court documents the lawsuit filed by Charles (Chuck) Chappell in March 2005 against the Town of Eatonville is scheduled for a settlement conference Tuesday, July 25 at 4 p.m. The settlement conference date has been changed several times, but may actually take place this time. Superior Court Judge James Orlando is scheduled to oversee the conference.
     If the case is not settled out of court it will go to trial beginning Tuesday, August 22. Chappell has requested a twelve-person jury trial and a trial is supposed to take three days. It will be held in the County-City Building in Tacoma with Superior Court Judge Linda C. J. Lee presiding. Judge Lee has twice denied the town's motions to dismiss this case.
    Chappell was fired by the Town of Eatonville July 7, 2003. He contends he was "discharged without cause." Among the alleged charges is that Chappell, then working for the water department in Eatonville, was ordered into a potentially life-threatening action, when he was told to enter a "confined space" at the "Associated Petroleum Lift Station." 
     Court documents allege when Chappell refused to enter the "confined space" his supervisor, Water Supervisor Mike Tiller, threatened to have him fired. The suit also alleges that an independent investigator, Betsy BeMiller of Work Place Resolutions, hired by the town, found instances of wrongdoing by the town. 
     According to page six of the lawsuit, the investigator recommended the Town of Eatonville apologize to Chappell "...for actions and behaviors that put his life at risk and for placing critical material in his personnel file." 
     Another allegation in the suit states, "...Plaintiff Charles Chappell informed the Department of Ecology that Defendant Town of Eatonville, acting through its agents and employees, had falsified test results and records."
    Chappell is represented by Attorney Dan Matthew Albertson and the Town of Eatonville is represented by Patricia Kay Buchanan, not Town Attorney Bob Mack, and Marc Rosenberg. 

     For more information about this case please see Chappell Case

Chappell Lawsuit Update

     by Dixie A. Walter
     My View
     June 7, 2006

     When something as intense, and important, as a major lawsuit against a municipality occurs, rumors fly in all directions.  Eatonville is no exception. According to rumors, allegedly stemming from some elected official's statements, the lawsuit filed by former town employee, Charles Chappell, has been dropped by the superior court. 
     Quite the contrary is true. Superior Court Judge Linda Lee, on May 31, denied the town's motion for a summary judgment to dismiss the case, thus clearing the way for the possibility of a twelve person jury trial in August. Court papers state, "Defendant's motion for summary judgment against Plaintiff's claim for wrongful discharge is DENIED."
      However, Judge Lee did grant two motions made by the town: Plaintiff's claim for payment of back wages and "Plaintiff's claim for emotional distress..." were removed from the suit. Chappell filed suit March 22, 2005 for "wrongful discharge" and the judge has denied motion after motion put forth by the town. In the past couple of months the judge has twice denied the town's motion for a change of venue and during the winter of 2005 she also denied the town's first motion for dismissal of the case. 
     Chappell was fired July, 2003 and, was at the time, working in the town's water department. Among the charges, he alleges being told to execute a job which was potentially life-threatening, and that water test results were falsified. According to the documents, when Chappell was told to enter a *"confined space" and refused, his supervisor, Water Superintendent Mike Tiller, threatened to have him fired. 
      Prior to being discharged Chappell had worked part-time for Western Hyway Oil. He continued to work part-time for the company while employed in Eatonville. After his alleged "wrongful discharge" Chappell went to work full time for Western Hyway, where he is senior driver out of the Seattle office.
     The suit also states that Betsy BeMiller of Work Place Resolutions was hired by the town, through former Town Clerk Carrie Lynn Loffelmacher, as an independent investigator. BeMiller's report found various instances of wrongdoing by the town. In the report BeMiller recommended the town apologize to Chappell "...for actions and behaviors that put his **life at risk and for placing critical material in his personnel file." It was also recommended by BeMiller that the "critical material" be purged from Chappell's personnel file.  
    Another allegation in the suit states, "...Plaintiff Charles Chappell informed the Department of Ecology that Defendant Town of Eatonville, acting through its agents and employees, had falsified [water] test results and records."
     There is a settlement conference scheduled for Thursday, July 13 before Superior Court Judge James Orlando. If no settlement can be reached, the jury trial is confirmed to begin Thursday, August 22, 2006. Judge Lee will preside in Room 117 at the Pierce County Court House. If the case goes to trial it is estimated the trial will last three days.

       *The United States Department of Labor, Occupational Safety & Health Administration (OSHA) has this to say about confined spaces: "Confined spaces may be encountered in virtually any occupation; therefore, their recognition is the first step in preventing fatalities. Since deaths in confined spaces often occur because the atmosphere is oxygen-deficient or toxic, confined spaces should be tested prior to entry and continually monitored." Emphasis added.

       **To learn about fatalities in confined spaces please see The National Institute for Occupational Safey and Health (NIOSH) report Case Reports of Fatal Incidents

     To read the two-page summary judgment of May 31 and the flurry of activity attempting to get the case thrown out of court, please see Summary Judgment  

     To read the suit please see Chappell vs.Town Page One 
      
     To read the Internet court papers please see Pierce County Superior Civil Criminal Case 05-2-06219-9

More About Chappell vs. Town of Eatonville Lawsuit
Depositions of Three Town Employees...

      by Dixie A. Walter
      April 29, 2006

      On September 13, 2005 three town employees were deposed, under oath, in the case of Chappell vs. The Town of Eatonville. The men deposed are Gary Sokol, "meter reader/sewer laborer,"  Shaun Burgess, "water/sewer operator lead," and  Dan Sharpe, "lineman." 
      Page numbering on the depositions can be a bit confusing.  The document pages are divided into four squares, each square bearing a page number. Thus, there can be four "pages" on one eight and a half by eleven sheet of paper.
      Lines on square pages are numbered on the left side from one to twenty. So if I suggest you read the Sharpe deposition concerning a mysterious water leak several years ago, I can point out that the information is on page six, line 22, of his deposition. 
      Burgess is also questioned about the mysterious leak - page 33, beginning line 17. Sokol  discusses the incident - page six, beginning line six. Another mystery is the identity of the "AWC guy." All the men testify about a man, supposedly from AWC ( Association of  Washington Cities - the company which insures the town) had visited the three employees a short time before they were deposed. 

Where, oh Where did the Water Go?
And Why Did it Come Back so Swiftly?

     The still unsolved case of the huge water leak tells of a day in December 2002 when the Hilltop reservoir suddenly started losing up to five-hundred gallons of water per minute. This was during a drought situation and with very important water issues needing to be taken care of in our community. After the reservoir was "depleted" it began to rapidly fill back up. As of this today, no one has been able to explain what happened that December day. In his deposition, not published on ENN, Tiller suggests the water loss was because of a  Perhaps you can solve the mystery. 
     All other  major leaks, so I'm told, have always been accounted for. If that isn't true ENN would be happy to know about any other loss of water equal to the one in question which wasn't 
     According to the depositions the "AWC" person told the men he was on a "fact-finding" mission and would not share the information he obtained with others. Each deposition begins with questions about the mystery man from AWC. He may have given the men the impression that he was an attorney. And, indeed, this man, who interviewed all the men may very well have been an attorney. But for whom and from where? Allegedly the man had no business cards with him.
     Extremely important issues concerning public safety and public health are discussed in the depositions of all people deposed. Most of the documents are so lengthy it is impossible for ENN to publish everything. The three town employees have the smallest number of pages which is why I choose to scan them for you to read. Just Mike Tiller alone had two long depositions and will be deposed again, probably next week. 
     There is quite a bit of "talk" in the depostions about BOD tests regarding town water. BOD means biological oxygen demand. It is my understanding this test is done to ensure water being returned to the rivers from sewage treatment facilities is pure and doesn't interfere with the health of our river and other waterways.
     The depositions also describe, in detail, the safety issues concerning confined spaces also called manholes. The safety situations described are common knowledge to people whose jobs may put them in harm's way. People can die, and have died, for various reasons, in confined spaces. Yet, the depositions allege their supervisor, Mike Tiller, ordered several of the men into a confined space without the necessary safety equipment as prescribed by law.
     Tiller has testified that he went down into the manhole later without the proper equipment. Tiller was also sent to a couple of seminars, at Rockhurst College in Kansas City, Missouri, which were designed to educate supervisors. These seminars were part of Tiller's reprimands for his mistakes at the time in discussed during the depositions. 
     The second deposition of Mike Tiller was done December 6, 2005. This volume of Tiller's deposition  goes into some detail of his work in Morton, before he came to Eatonville. I only mention this because Tiller will be deposed a third time. Perhaps next week.
     A motion from the town for a summary judgment to dismiss the Chappell case was been re-scheduled from April 28, 2006 to Friday,  May 12, 2006. Court schedules, like preliminary town agendas, are subject to last minute changes. Superior Court Judge Linda Lee presides over this case.
    

      Deposition of Gary Sokol - Sokol

      Deposition of Shaun Burgess -  Burgess

      Deposition of Dan Sharpe -  Sharp

       For more about the Chappell lawsuit please see  Chappel Suit and follow the links for more information.