Clark County’s planning director has filed whistle-blower and harassment complaints against Councilor David Madore, citing the councilor’s involvement in the county’s 20-year growth plan and his accusations that planning staff lied to promote their own agenda.
The five-page complaint, filed on Oliver Orjiako’s behalf by Vancouver attorney Greg Ferguson, describes an environment of discrimination and harassment against the community planning director, who has been with Clark County for more than 25 years.
In the complaint filed March 15, Ferguson accuses Madore of “single-handedly commandeering the usual functions of the planning department,” of using a “bully pulpit” to harass and intimidate Orjiako, and of treating the planner, a dual Nigerian-United States citizen, “less favorably than other white male department heads.”
Speaking with his attorney this week, Orjiako told The Columbian he feels he’s been unfairly targeted for simply standing up to Madore through the county’s Comprehensive Growth Management Plan update process. Madore’s controversial zoning proposal, Alternative 4, and related planning framework introduced by the councilor violate the Growth Management Act and “cannot be supported” by state law, Orjiako said.
But Madore, who did not return a request for comment, has accused Orjiako and county staff in Facebook posts, from the dais and in a Jan. 27 op-ed piece in The Reflector, Battle Ground’s weekly newspaper, of providing false data to the county council in order to promote an anti-rural growth agenda.
“For me, I’m someone that will stand up for what is right, for my staff, for folks that I have worked with,” Orjiako said. “There’s no reason for this to be hanging over my head and hanging over my staff’s heads.”
Whistle-blower
In the report, Ferguson details Orjiako’s complaints about Madore’s “solitary efforts” to develop Alternative 4, a zoning proposal that would have allowed for small lot sizes in rural Clark County. The council overturned Alternative 4 earlier this year.
Ferguson alleges that Madore has stepped on the role of the planning department, “alienated staff” and “pre-empted public participation,” violations of the Growth Management Act and Clark County’s home rule charter.
The complaint alleges that Madore has worked to engage with and hire outside consultants “who he hopes will deviate from the (Growth Management Act).”
Ferguson goes on to write that Madore has retaliated against Orjiako for attempting to oppose these efforts. Madore has accused staff of using “covert software” to “grossly inflate” how many lots Alternative 4 could create in order to promote an “anti-rural growth agenda,” according to a Feb. 22 Facebook post by the Republican councilor.
But Orjiako has done just the opposite, Ferguson wrote, saying the planning director has worked in “good faith” to uphold the rural character of Clark County in accordance with growth management laws.
“Accusations of fraud, deceit and pursuit of an ‘anti-rural growth agenda’ have been leveled against my client with complete disregard of the mandates of the (Growth Management Act) and absent any objective factual basis,” Ferguson wrote in the complaint.
Orjiako also denied that county planning staff are or have ever used illicit software in order to promote an agenda.
“There is no hidden agenda, covert software, whatever,” Orjiako said.
In the complaint, Orjiako asks that the Clark County council adopt a resolution affirming it will follow the Growth Management Act, and asks an independent investigation be conducted into Madore, “his abuse of public office, official misconduct and perpetual conflicts of interest.”
“Just because you’re a county councilor doesn’t mean you can circumvent and trample on laws that sit on the book,” Ferguson said.
State whistle-blower laws as well as county policy entitle Orjiako to protection from retaliation over the complaint, Ferguson said.
Francine Reis, the county’s human resources director, did not comment on the complaint, saying the county does not publicly discuss ongoing complaints by county employees.
‘Hostility, public ridicule’ alleged
The complaint also alleges that Madore has been “hypercritical” of Orjiako’s work, and said the councilor has “expressed visible irritation” with Orjiako’s communication style and Nigerian accent.
Ferguson wrote that Madore has “interrupted and verbally dismissed” Orjiako, and that the councilor “randomly drops by” the planning director’s office unannounced in order to catch him off-guard and unprepared.
“He is a regular recipient of Madore’s hostility and public ridicule,” Ferguson wrote. “Indeed, Councilor Madore treats no other department head with such contempt. The evidence strongly suggests that race and national origin are a motivating factor in Madore’s behavior toward my client.”
Orjiako confirmed that he feels Madore has treated him differently than white men at Clark County, such as Geographic Information Systems staff, which Madore in a March 1 Facebook post called “fabulous,” “truth-telling,” “stellar,” and “completely above reproach.”
“I cannot conclude anything else except my race, my accent, my national origin,” Orjiako said. “I cannot treat you differently for no apparent reason. I think for me, it’s evident when you’re being treated differently.”
Orjiako said he was once able to approach the council with ease. No longer, he said, as Madore’s style of questioning and demeanor has caused Orjiako to lose his confidence and sense of self when speaking before the board.
“You have a feeling in you that is very, very … ” Orjiako began before pausing. “It’s just difficult to comprehend or put in writing or put in words how you feel.”
For Orjiako, his concerns come down to one thing: standing up for what is right as both a public employee, as well as a citizen.
“It’s not a crime to say ‘no,’ ” Orjiako said. “That’s all I’m doing is standing for the truth.”
Another complaint
Orjiako joins another county director in filing a whistle-blower complaint against a sitting councilor.
In January 2013, previous Environmental Services Director Kevin Gray found himself out of a job after he filed a whistle-blower complaint against Republican County Commissioner Tom Mielke.
Gray alleged Mielke was forcing him from his job for investigating Phil Burgess, the county’s previous supervisor of vegetation management. Burgess was Mielke’s friend, neighbor and a campaign donor.
According to Columbian archives, Gray received complaints in 2011 from staff in the Vegetation Management Department that Burgess was using county time and resources to benefit his personal business of manufacturing weed-killing tools.
Gray alleged in the whistle-blower complaint that Mielke was retaliating against him for investigating Burgess. Columbian archives from 2013 report that Mielke complained about Gray’s management style.
Gray ultimately accepted an undisclosed settlement from the county and resigned after withdrawing his original complaint against Mielke, according to Columbian archives.
