Archives for 2020

VERDICT: Defense, wrongful discharge, City water reclamation facility supervisor, pollution discharge.

A Billings jury found 8-4 that the City of Billings did not discharge Matthew Winkler without good cause.

Winkler was 62 and had spent 27 years with the City’s Water Reclamation Facility. He had been Operations Supervisor since 2008. In early 2017 the WRF began a $65 million expansion & upgrade. The WRF Manager retired in 11/17. A planned construction shutdown of the Secondary Pump Station was commenced at 5 a.m. 4/18/18. It was an anticipated 2-hour project that ran to 3 hours, necessitating use of a redundant pipeline. When the work finished around 8 a.m. technicians closed the redundant line and normal operations of the WRF resumed. However, a technician had inadvertently not closed a valve on the redundant pipeline, which caused a siphoning effect and the WRF began discharging large amounts of contaminated water to the Yellowstone River in violation of the City’s DEQ permit. Winkler and the lead technician he supervised attempted to determine what was occurring at the WRF during the rest of their shift the 18th. Winkler sent the lead technician home at the end of their shift at 4 p.m. and went home himself. He did not report the discharge to the interim WRF manager. Winkler and the lead technician disagreed at trial on severity of the discharge and what was visible to them on the 18th. The WRF continued to discharge contaminated water. Winkler and his lead technician returned in the morning. The lead technician thought to check the valves on the redundant pipeline, found a valve open, and closed it. The WRF soon returned to normal operation. Winkler later reported the discharge to the interim WRF manager. The City determined that the discharge had occurred for about 24 hours and was its worst violation of its DEQ permit. DEQ did not bring any formal enforcement action against the WRF because the issue was short-term and related to the construction activities. The City investigated the discharge and the responses to it by Winkler, the lead technician, and others at the WRF. While it determined that Winkler had not caused the discharge, it ultimately concluded that he failed to diagnose, report, and remedy it for approximately 24 hours and that he could no longer function as Operations Supervisor. He received an oral discipline in 2011 and a written discipline in 2016 on other matters. The City offered him a demotion to technician. When he declined it, the City terminated him for failing to satisfy his job duties. It gave the lead technician a warning. The technician who had inadvertently not closed the valve on the redundant pipeline was not disciplined.

Winkler sued the City alleging wrongful discharge. He claimed that it had blamed him for the discharge and did not have reasonable good cause to terminate him.

Plaintiff’s expert: CPA Charity Rowsey, Helena (accounting/damages).

Defendant’s experts: occupational therapist Aaron Mertes, Billings; CPA John Jacobsen, Billings (accounting/damages).

Demand, $190,000; offer, $125,000. Jury request, $390,000 (4 years of lost wages and fringes); jury suggestion, none. Carey Matovich, mediator (recommended $165,000, which Plaintiff accepted but Defendant rejected.

Jury deliberated 45 minutes 4th day; Judge Davies.

Winkler v. Billings, DV 19-462, 10/1/20.

Veronica Procter (Procter Law), Billings, for Winkler; Gerry Fagan & Adam Tunning (Moulton Bellingham), Billings, for the City (MMIA).