Contracts Officer Sues for Wrongful Termination
Suit Alleges That Port Of Vancouver, USA Retaliated by Firing Its Contracts Officer in Response to Her Complaints of Improper Conflicts of Interest, Bid Rigging and Ethical Violations
Vancouver, WA (PRWEB) March 31, 2007 -- The former Contracts Officer for the Port of Vancouver, Washington, Rebecca ("Becky") Eisiminger has filed a lawsuit (Rebecca Eisiminger v. Port of Vancouver USA Cause No. 07-2-01634) alleging wrongful termination. The suit, filed by her Vancouver, Washington attorneys, Greg Ferguson, and Chey Powelson, claims that Ms. Eisiminger was discharged after complaining to her superiors and outside legal counsel about improper conflicts of interest, favoritism, and other illegalities in connection with the competitive bidding process for Port contracts.
Eisiminger was fired on January 10, 2007 for allegedly displaying a "negative attitude and unprofessional communication style". However, her performance appraisals over the months prior to her discharge reflect just the opposite - that she had performed quite well according to her supervisors, who had rated her as "outstanding" to "exceeding expectations".
"This case represents the classic whistleblower scenario. A high performer, once regarded by her superiors as a level-headed luminary, suddenly and inexplicably transforms into a pugnacious malcontent within a couple of months for no apparent reason", Ferguson said.
The suit claims that attitudes toward Ms. Eisiminger began to change in late 2006 when she began voicing her concerns about what she believed were legal and ethical violations occurring at the Port. She alleges to have reported the wrongdoing to the Port's outside legal counsel via email, as well as having verbally complained to the Port's internal auditor.
"As a public servant, I have a duty to protect tax payer dollars and tax payer interests by ensuring fair, open and equitable public procurements. It became apparent to me in the course of fulfilling those duties that my supervisors did not share this vision" said Ms. Eisiminger.
Ferguson added, "It has become increasingly common for employers to label those who stand by their principals as not being 'team players', to the extent that its use - or overuse - as a justification borders on cliché."
The suit chronicles the performance appraisals leading up to her abrupt discharge that refer to her outstanding performance and commendable adherence to the highest of ethical standards governing public contract officers in the performance of their duties. However, the evaluations are also dotted with references regarding her unwillingness to blur the lines of statutory compliance and work within what her supervisors called the "gray zone".
The suit further alleges that Eisiminger soon understood "working in the gray zone" to be a subterfuge, or code, for turning a blind eye to illegal practices that included improper conflicts of interest, favoritism and unlawful "bid rigging". In some instances "favored" firms having cozy relationships with Port managers or its hired consultants were illegally selected in advance of the public competitive bidding process, and in one case a no-bid contract was awarded because the Port intentionally delayed initiating the process of public bid solicitation until it was too late, claims Eisiminger.
Ferguson expressed that his client was disappointed that the case could not be resolved short of litigation: "the court system is now the only means that Becky Eisiminger has left to clear her name and right this injustice. This is not the kind of thing that has ever happened to her. Her work record speaks for itself."
Becky Eisiminger served as a United States Army Captain where she worked as the Chief Administrator of Budget and Logistics at Fort Benning, Georgia, launching her continuing career as a contracts and procurement officer for the states of Georgia and Maryland before coming to the Port of Vancouver, USA in 2002. She is a Certified Public Purchasing Official and a Certified Professional Public Buyer through the National Institute of Governmental Purchasing. In the fall of 2006, she was elected by her professional purchasing peers within the State of Washington as a member of the governing board of the state chapter of the National Institute of Governmental Purchasing. As a consequence of her termination she was not able to fulfill her term in that distinguished position. The suit is pending in Clark County Superior Court, captioned Rebecca Eisiminger v. Port of Vancouver USA Cause No. 07-2-01634, http://www.clark.wa.gov/courts/superior/.
The Port of Vancouver, USA has been a lighting-rod of late, attracting the ire of local residents of the rapidly growing southwest Washington City. Its Commissioners announced a tax increase without a public vote earlier this year so that the Port is able to spend 48.2 million dollars of local taxpayer money to develop dormant land along the Columbia River now owned by Alcoa and Evergreen Aluminum. The recent expansion of the Port's holdings as well as the impending land deal has caused consultants, and engineering and construction firms alike to begin circling---and a grass-roots organization to start gathering signatures to force the tax increase to be decided at the ballot box in August of 2007.
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