On November 9, 2012, Swanson filed a complaint for unlawful whistleblower
retaliation under "SMC 4.20.860 and RCW 42.41.040." Under former SMC 4.20.860(A)
(1994), an employee must file a whistleblower retaliation complaint "within 30 days of
the occurrence alleged to constitute retaliation."
On February 11, 2013, Knox issued a supplemental investigative report finding
Allen inappropriately accepted gifts of alcohol in exchange for a passing grade on the
oral test.
Allen inappropriately accepted gifts of alcohol from nine preapprentices
under circumstances that suggested providing such gifts would assure a
passing grade in an oral examination.
Knox also found Allen retaliated against Swanson and engaged in lobbying
efforts to evaluate Swanson "more poorly than was justified."
The evidence also suggests and Ifind that on a more probable than not
basis, Allen engaged in lobbying activities directed at the Initiating Witness
[Mr. Swanson]. There is evidence that the conduct escalated after the
Initiating Witness provided information to SCL about Allen's alleged
solicitation of alcohol from Apprentices. This involved at least lobbying
efforts with crews to evaluate the Initiating Witness more poorly than was
justified. This conduct appears retaliatory in nature and contrary to SCL
Policy (Rule 1.3.4) and the City of Seattle Code of Ethics. SMC 4.16.070.
Several witnesses told Mr. Knox that Mr. Allen talked with them about Mr.
Swanson. Journey-level workers reported that Mr. Allen lobbied them to
negatively impact Mr. Swanson's evaluations. None of the crew chiefs
admitted being affected by Mr. Allen's lobbying.
But Knox was "unable to conclusively determine specifically which performance