She lost her job after talking with state auditors. She just won $8.7 million in whistleblower case

CalMatters

Tamara Evans found something fishy in the expenses filed by a San Diego contractor for the state’s police certification commission.

Classes were reported as full to her employer, the Commission on Peace Officer Standards and Training, even if they weren’t. Meeting room space was billed, but no rooms were actually rented. Sometimes, the number of people teaching a course was less than the number of instructors on the invoice.

In 2010, Evans reported her concerns about the contract to auditors with the California Emergency Management Agency.

Then, Evans alleged in a lawsuit, her bosses started treating her poorly. Her previously sterling performance reviews turned negative and she was denied family medical leave. In 2013, she was fired – a move she contends was a wrongful termination in retaliation for whistleblowing.

Last week, a federal court jury agreed with her, awarding her more than $8.7 million to be paid by the state.

The lawsuit, filed in U.S. District Court for the Eastern District of California, alleged that Evans found governmental wrongdoing and faced retaliation from her employer, and that she wouldn’t have been fired if she hadn’t spoken up.

That’s despite a State Personnel Board decision in 2014 that threw out her whistleblower retaliation claim and determined the credentialing agency had dismissed her appropriately.

Evans’ trial attorney, Lawrance Bohm, said the credentialing agency hasn’t fixed the problems Evans originally identified. The money Evans complained about was federal grant money, but the majority of its resources are state funds.

“The easier way to win (the lawsuit) was to focus on the federal money, but the reality is, according to the information we discovered through the investigation, (the commission) is paying state funds the same way that they were paying illegally the federal funds,” Bohm said. “Why should we be watching California dollars less strictly than federal dollars?”

Bohm said Evans tried to settle the case for $450,000.

“All I know is that systems don’t easily change and this particular system is not showing any signs of changing,” Bohm said, who anticipates billing $2 million in attorney fees on top of the jury award.

“That’s a total $10 million payout by the state when they could have paid like probably 400,000 (dollars) and been out of it.”

Katie Strickland, a spokesperson for the law enforcement credentialing agency, said in an email that the commission is “unaware of any such claims” related to misspending state funds on training, and called Bohm’s allegations “baseless and without merit.”

The commission’s “position on this matter is and has always been that it did not retaliate against Ms. Evans for engaging in protected conduct, and that her termination in March of 2013 was justified and appropriate,” Strickland said. “While (the commission) respects the decision of the jury, it is disappointed in the jury’s verdict in this matter and is considering all appropriate post-trial options.”

Bohm said the training classes amount to paid vacation junkets to desirable locations like San Diego and Napa, where trainees might bring their spouses and make a weekend out of it while spending perhaps an hour or two in a classroom.

“Why is it that there are not a lot of classes happening in Fresno?” Bohm said. “I think you know the answer to that.”

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This story was originally published by CalMatters and distributed through a partnership with The Associated Press.