The city of Battle Ground has agreed to pay a $100,000 settlement, possibly the largest ever for the city, to one of its police officers who claimed city officials violated civil service rules. The settlement was required by a May 19 consent order issued by U.S. District Court Judge David G. Estudillo.
According to Alisha Smith, communications manager for the city, “the consent order in this case determined a settlement sum of $400,000; $100,000 of which was paid by the city to Sergeant Michele Fox. The remaining $300,000 was paid by the city’s insurance authority.”
The city council authorized the settlement offer at a May 23 executive session, which was followed by a special meeting on the offer. Councilor Shane Bowman motioned to approve an offer up to $100,000, which was unanimously approved by the council.
Officer Michele Fox filed suit in U.S. District Court in March against the city and Battle Ground Police Chief Michael Fort. In her suit, Fox claimed she was twice passed over for promotion because of her gender. Fox also claimed she was deterred from again taking the civil service examination in 2020, and was denied sergeant training opportunities.
According to court records, Fox and five other Battle Ground officers sat for a civil service examination in early 2018 in anticipation of a sergeant’s position becoming available. Fox received the highest score. But John Runnels, who received the third-highest score, was promoted.
According to Fox, Fort was a lieutenant at the time but was made acting police chief for at least part of the time between 2018 and 2020. The city said Fort was promoted to chief in February 2020 and that former Police Chief Robert Richardson made the promotion decisions, although Fort did advise Richardson on the promotion process and candidates.
Richardson testified that the chief of police has discretion to promote any candidate who passed the civil service examination, not just the candidate with the highest score. Fox disputed that claim, adding the only candidates promoted to sergeant since 2009 — except for the 2018 and 2019 promotions — were officers who ranked highest on the eligibility list.
When another sergeant’s position came available in fall 2019, Richardson reportedly used the same list of candidates from 2018. “Richardson promoted Rick Kelly, who tied with John Graves as fourth ranked on the 2018 eligibility list before Runnels’ promotion,” the records show.
Before voting, Councilor Adrian Cortes said he was only reluctantly voting in favor of the offer.
“It gives me great grief to have to do so. Unfortunately, it seems as if the actions of leaders that are no longer with our city … are now making it to where we’re having to clean up their mess. And it makes me extraordinarily angry,” Cortes said.
While the city and police were not found to have discriminated against Fox because of her gender, Estudillo found the city had violated the rules of civil procedure.
“I’m extraordinarily frustrated and upset about this whole process. I’m not upset and frustrated at Officer Fox, not at all. I’m upset at the past leadership of the police department, the city’s executive department,” Cortes said in a later interview. “They basically failed to do adequate things that led to this chain of events happening.”
Cortes said while the settlement will bring an end to this case, there are still things the city needs to do prevent similar problems arising in the future. Cortes said he could not talk about the specifics of those changes because they were discussed in executive session.
Fox, who is still serving with the Battle Ground Police department, could not be reached for comment.
According to City Manager Erin Erdman, Fox has agreed to the settlement offer.
