By Alex Halverson
The Seattle Times
SEATTLE — A former Port of Seattle police chief fired three years ago after claims of workplace misconduct was awarded $24.2 million in damages by a King County jury.
Chief Rod Covey was placed on administrative leave in June 2020 after a Port investigation. That probe came after racial discrimination complaints were made by Port police Officer Yandle Moss against superior officers, including Covey. Moss sued the Port in July 2020 for failing to provide records of the investigation, and settled in February 2021.
The Port fired Covey that August, a year after placing him on administrative leave. Covey sued the Port in December 2022 for wrongful termination in violation of public policy that stemmed from his frustration over the investigation.
Jake Downs, the Seattle attorney representing Covey, argued during the six-week trial that the Port’s timing capitalized on the racial uprising after the murder of George Floyd. Covey was placed on administrative leave weeks after Floyd was murdered by Minneapolis police on May 25, 2020.
“The Port’s conduct that led to Chief Covey’s wrongful termination was nothing short of shameful and reprehensible,” Downs said after the verdict. “In our opinion, the Port’s failures start at the top.”
The Port of Seattle said in an emailed statement that it is considering an appeal.
“The Port continues to stand by its decision to terminate former Police Department Chief Rod Covey based on violations of the Port’s Code of Conduct,” the Port said. “The Port will continue to enforce its Code of Conduct and will take appropriate action when someone is found to have violated these policies.”
The roots of the dispute stretch to July 2018 . Moss had filed an internal complaint against his supervising sergeant claiming she had retaliated against him for using sick leave, according to court documents. The department deemed it unfounded as no evidence could be provided.
Covey issued a letter of reprimand to Moss a month later detailing “performance shortcomings” that were also included in a review earlier in the year. Later in the year, Moss filed a complaint with the Port’s workplace responsibility unit, separate from the police department. It accused the department of having a hostile environment.
That complaint started an investigation, which Covey said lacked courtesy and transparency and was “wandering,” according to court documents. He also said he did not know he was implicated in the investigation until seven months into it, believing it only involved Moss’ sergeant.
The first investigation resulted in findings against Covey that could have resulted in termination. The Port issued Covey a letter of reprimand in November 2019, and later denied him a pay raise.
Once the investigation closed, Covey said in an email to Port leadership that he was recusing himself from any issues involving Moss. The Port then opened two overlapping investigations into Covey in 2020, according to court documents.
One stemmed from another complaint from Moss, and ultimately saw Covey placed on administrative leave. The complaint claimed Covey had perpetuated a negative narrative about Moss, keeping him from postings within the Port’s police department and from year-end department accolades.
That investigation wrapped up in 14 months and backed up the negative narrative accusation. Covey’s attorneys claimed the investigation was stacked against him. No employees who worked close with him were interviewed, they claimed, and the investigator asked selective questions that avoided exonerating Covey.
The second investigation followed claims that Covey retaliated against employees for participating in the initial investigation. The outside investigator tapped for the probe found the complaints unsubstantiated.
Covey’s attorneys said his termination was retaliation for reporting that the Port failed to provide due process in the investigation.
After closing arguments concluded midday Thursday, the Seattle jury deliberated for the rest of the day and for the first half of Monday.
Jurors ultimately found in favor of Covey’s wrongful termination accusation. The jury awarded Covey $1.7 million in economic damages due to his lost salary and benefits. Covey made about $300,000 a year, plus benefits, when he was fired.
The jury also awarded $22.5 million in noneconomic damages, as Covey’s attorneys argued he suffered post-traumatic stress disorder following the firing that affected personal relationships with friends and family.
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