Everett Settles Out Of Court With Police Officer For $549 Thousand Dollars

April 30, 2020

Everett Government

Everett PoliceYesterday, after a brief executive session away from the public, the Everett City Council voted to allow Everett Mayor Cassie Franklin to authorize a settlement agreement with Everett Police Officer Brett Gailey for more than half-a-million dollars to settle a workplace discrimination claim he filed against the City of Everett. The vote was five in favor of the settlement and Council member Scott Murphy opposed. Council member Jeff Moore was not present for the vote. After the vote Murphy told MyEverettNews.com “After attending the executive session and hearing the facts of the case I could not support settling the case on the terms proposed by the administration as I did not believe settling on those terms was in the best interest of the City of Everett and the taxpayers.”

Gailey filed a lawsuit in June of 2019 in Federal Court for the Western District of Washington at Seattle. His lawsuit contended the City of Everett violated the Uniformed Services Employment and Reemployment Rights Act of 1994. Gailey worked as a police officer in the city of Everett, Washington and has served as a member of the Army National Guard.

Everett City Attorney David Hall said Gailey claimed he was denied promotions he believed he was entitled to. Hall said in part, “We’re confident that our decisions were correct and fair but due to the uncertainty and potential distractions of lengthy litigation we believe this is a settlement agreement that is an appropriate outcome and a good business decision that allows Mr. Gailey to move on from his employment.”

Under terms of the agreement announced during the city council meeting the City of Everett will pay

  • $192,000.00 in fees to Officer Gailey’s attorneys
  • $22,000.00 to cash out vacation and sick leave
  • Five separate payments over 10 months of $52,000.00, $88,000.00, $100,000.00, $45,000.00 and $50,000.00.

    Hall said the payments were in recognition of the impact on Gailey’s pension benefits and lost wages.

    In return Gailey waives all claims against the City of Everett and his final day of employment with the Everett Police Department is Friday May 1st.

    MyEverettNews.com reached Officer Gailey Wednesday night and he advised he could not comment on any aspect of the lawsuit. Gailey was elected Mayor of Lake Stevens last fall and said he’s taken the last month off to focus on dealing with the COVID-19 Pandemic.

    When asked for comment, Everett Police Chief Dan Templeman issued the following statement.

    “This resolution ends what would have likely been a lengthy and expensive legal dispute that would have only distracted from the more important issues currently being addressed by the City of Everett and the Everett Police Department.

    It is never satisfying to pay any settlement, especially when we are confident that our decisions were correct and fair. Due to the uncertainty and potential distractions posed by lengthy litigation, however, I believe that this settlement agreement constitutes the most appropriate outcome in this particular case. It also represents a mutually beneficial resolution that allows Mr. Gailey to move on from his employment as a police officer with the City of Everett.

    I do want to make sure that the community understands the department’s unwavering commitment to military veterans and active military reservists. Nearly one-third of the department’s sworn officers are military veterans or active reservists. I personally have the deepest respect for, and value, the many military veterans we have employed at the Everett Police Department. These veterans not only serve and protect our communities every day, but they selflessly serve so that we can enjoy the freedoms that define our nation.

    The Everett Police Department has always and will continue to value the vast knowledge and experience our veterans bring to our organization and our community.”

    –Dan Templeman, Chief, Everett Police Department

    MyEverettNews.com has filed a Public Disclosure Request with the City of Everett for the settlement agreement and any available details. We’ll post that as it becomes available.

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