Former worker alleges retaliation

SANDPOINT — A former longtime Bonner County Planning Department official contends he was railroaded out of a job for filing a grievance against a county commissioner who allegedly wanted to him to disregard the law.

Dan Carlson, a former senior planner, has hired an attorney who put commissioners on notice that the county is exposing itself to “significant financial liability” if his client’s employment isn't restored.

Carlson was fired on Oct. 13.

Carlson provided a 39-page document alleging that District 2 Commissioner Todd Sudick insisted he violate Bonner County code in order to facilitate the construction of a wireless communications tower.

Carlson had no additional comment.

“I don’t have anything else to add on that. I’ll just let the legal brief speak for itself,” Carlson said in a message to the Daily Bee.

So far, no claim for damages has been filed with the county.

Carlson alleges that Sudick demanded that Carlson waive a Bonner County Road & Bridge requirement that a driveway be constructed prior to the issuance of a building location permit. The requirement is unpopular because it means construction crews have to come to a site twice — once to build driveway improvements and again to build a structure.

Sudick, according to Carlson's counsel, confronted an assistant planner about the requirement on Aug. 21 and Carlson became involved in the discussion.

Carlson noted that the requirement could be addressed by Road & Bridge or by amending an ordinance, according to his attorney. Sudick, Carlson alleges, became increasingly agitated during the discussion.

"Todd pointed a finger at me and raised his voice and stated, 'You work for me, and I want you to find a solution!'" Carlson said in the Aug. 24 grievance he filed with the commission.

Amid Sudick's demands for a solution, Carlson said he asked Sudick if he was asking him to break the law. Sudick replied that he was asking how Carlson could "make this happen," according to the grievance.

Several of Carlson's coworkers also painted an unpleasant scene in which Sudick upbraided and taunted Carlson before storming out of the office. Their remarks corroborated those of Carlson's, according to the statements.

Carlson's former colleagues also believed that Sudick was basically asking him to violate Bonner County Revised Code.

Carlson, a 10-year-employee who's received near-perfect evaluations since 2010, filed the grievance under the county's personnel policy and procedure manual, which authorizes complaints against supervisors or elected officials for failing to maintain a safe and productive work environment.

Planning department employees contend the Aug. 21 incident is part of a pattern of Sudick exhibiting hostile, aggressive and threatening behaviors. Former Planning Director Clare Marley, who stepped down from her post the same day Carlson was fired, said she had been hectored at length by Sudick on prior occasions.

"It happens all the time. He attacks every staff member," Marley said in her interview during the grievance investigation.

Marley said she was berated by Sudick over the Shadow Valley Lane controversy in Clark Fork. The county contends a developer misrepresented legal access to a housing project, which has generated a swirl of lawsuits and counterclaims.

Marley, who now occupies Carlson's former position, said last week that she was stepping down as director because she had grown weary of the administrative duties that went with the post. 

Carlson's attorney, Jacob Brennan, asserts that his client's grievance was subjected to a biased investigation that was engineered to absolve Sudick of misconduct and result in disciplinary action against Carlson.

Brennan said his client received notification that he could be subject to a personnel action on Sept. 3, but the results of the grievance investigation were not presented until Sept. 9.

"By the county's own admissions, the decision to terminate Mr. Carlson had been rendered prior to the board considering the merits of his grievance, further illustrating the 'sham' investigation and the ultimate retaliatory nature of Mr. Carlson's discharge," Brennan said in Oct. 6 letter to the commission.

Cary Kelly, chairman of the commission, the board is not fazed by the prospect of litigation and has no intention of reaching a settlement with Carlson. He said Carlson's claims against Sudick were unfounded and defended disciplinary action process.

"We've done everything properly. Everybody's had due process," said Kelly. "We've been very careful to be as fair as we possibly can."