Summary
The Washington Supreme Court considered an at-will employee’s claim that he was wrongfully terminated for opposing alleged violations of the Spokane County Zoning Code, the airport master plan, and RCW 42.23.070(1). The court held that the zoning code and RCW 42.23.070(1) provide clear public policies supporting a wrongful-discharge claim. It reversed summary judgment because genuine issues of material fact remained regarding jeopardy, causation, and whether the County had an overriding justification for the termination.
Topics
Practice areas
Questions Presented
- Whether RCW 42.23.070(1) creates a clear public policy prohibiting municipal officers from using their positions to secure special privileges or exemptions for others.
- Whether the Spokane County Zoning Code and airport master plan provide clear public policies supporting a wrongful-discharge claim.
- Whether Hubbard presented material factual questions regarding the jeopardy, causation, and absence-of-overriding-justification elements of a wrongful-discharge claim.
- Whether summary judgment was proper on Hubbard's claim for wrongful discharge in violation of public policy.
Holdings
- The Spokane County Zoning Code and the airport master plan provide valid public policies for purposes of the clarity element of a wrongful-discharge claim because they promote uniform planning, safety, and the general welfare.
- RCW 42.23.070(1) creates a valid public policy prohibiting municipal officers from using their positions to secure special privileges or exemptions for others; the prohibition is not limited to traditional conflict-of-interest situations.
- Summary judgment was inappropriate because material factual questions remained regarding whether the proposed permit violated the zoning code and RCW 42.23.070(1), whether Hubbard was discharged because of his objections, and whether the County had an overriding justification for the discharge.
Key quotations
“We hold that RCW 42.23.070(1) and the Spokane County Zoning Code provide the necessary public policy to sustain a wrongful discharge action in violation of public policy.” (at 699)
“We further find that dismissal of the case on summary judgment was inappropriate because questions of material fact remain.” (at 699)
“We therefore hold that RCW 42.23.070(1) creates a valid public policy in favor of prohibiting municipal officers from granting special privileges or exemption to others.” (at 713)
“Thus, the trial court erred in granting the County’s summary judgment motion. The Court of Appeals decision is reversed and the case remanded to the trial court for further proceedings consistent with this opinion.” (at 719)
Factual background
Wallis Hubbard had worked for the Spokane County Planning Department for 17 years, including 15 years as its director, when the county consolidated the planning and building departments. Hubbard objected to Building and Planning Director James Manson's asserted position that the zoning code could be modified administratively and to a proposed airport hotel permit that Hubbard and a county prosecutor believed would violate the zoning code and airport master plan. Shortly after Hubbard challenged the proposed permit and sought prosecutorial assistance, Manson informed him that his position would be eliminated; the County later terminated his position as part of the stated reorganization.
Procedural history
Hubbard sued Spokane County and county officials, alleging that his position was eliminated in retaliation for objecting to a proposed hotel permit that allegedly violated the county zoning code, airport master plan, and RCW 42.23.070(1). The trial court granted the defendants summary judgment. The Washington Court of Appeals, Division Three, affirmed, and the Supreme Court of Washington granted review.
Remand instructions
Remanded to the trial court for further proceedings consistent with the opinion, including resolution of the material factual disputes concerning jeopardy, causation, and the County's asserted overriding justification.