Former Idaho transportation head sues over firing
By JOHN MILLER
BOISE, Idaho (AP) - The former head of the Idaho Transportation
Department filed a lawsuit Friday against the agency, saying she
was fired in a political power play to help Gov. C.L. ``Butch''
Otter and his big campaign donors.
The lawsuit in 4th District Court claims Pamela Lowe was fired
by the Transportation Department board after refusing to bow to
threats by governor's aides not to interfere with a contract
originally worth $50 million. The contract benefited URS Corp. and
CH2M Hill.
Lowe says Jeff Malmen, the governor's former chief of staff, and
Darrell Manning, chairman of the Idaho Transportation Board, grew
upset after she told the state Legislature in 2007 she would
renegotiate the contract so as much of the work as possible was
done by the highway agency's own employees.
NYSE:URS Updated: 16:01 ET 43.08 -1.07 |
``Ms. Lowe was repeatedly warned and harassed by the governor's
staff and Mr. Manning about taking work away'' from the companies,
according to her lawsuit. ``Ms. Lowe was not deterred by these
threats.''
The two engineering companies have given the governor at least
$22,000 combined since 2005.
After she refused to resign, Lowe was fired in July. The board
cited concerns over ``improving customer service, economy of
operations, accountability and our relations with the
Legislature.''
Lowe succeeded in trimming the contract but claims she was fired
this year before she could take virtually all the work back from
the companies.
She is seeking back pay, reinstatement or compensation in lieu
of that, and attorney's fees, according to her lawsuit. No amount
is specified.
Jon Hanian, Otter's spokesman, said, ``because this is in
litigation, we are unable to comment.''
Malmen, now a lobbyist at the Idaho Power Co., didn't
immediately respond to a request for comment.
Manning, who previously has said there wasn't a connection
between the contract and Lowe's firing, was out of town and
couldn't be reached, the transportation department said.
By law, the Idaho Transportation Board can remove its director
for ``inefficiency, neglect of duty, malfeasance and nonfeasance in
office.''
But Lowe contends she had received satisfactory performance
reviews.
Her lawsuit also contends that a bill introduced in the 2009
state Legislature by state Sen. John McGee, R-Caldwell, was meant
``to punish her for cutting CIP's contract.'' It would have given
Otter the power to fire the highway department director.
In a telephone interview, Lowe said agency board members told
her they feared McGee's bill would undermine their authority so
they relented to pressure to force her out. The board hires the
director.
McGee said Friday that he had ``a different experience'' of what
happened but said he can't comment because of the lawsuit.
When he introduced his bill in March, McGee contended he was
dissatisfied with Lowe's performance. Some lawmakers also said they
didn't trust her agency, citing that as one reason for voting
against bills like Otter's proposed $61 million gas tax hike during
the 2009 session.
Lowe initially lodged a tort claim against Idaho in August, a
notification that she was considering a lawsuit. She hasn't heard
from the state since then, she said, and filed this new lawsuit
Friday to meet a statutory deadline for whistleblower complaints.
Additional claims, including for gender discrimination, will be
added to the lawsuit next week, said Erika Birch, Lowe's attorney.
Lowe doesn't think Idaho has made a serious effort to
investigate her claim but said she's gotten messages of support
from her former employees at the Transportation Department to press
ahead in court.
``That's really helped,'' she said.
11/06/09 18:56
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