Trial News

Pieter Smeenk, 59, worked as a senior engineer for the city of Ashland’s public works department. After the city reclassified his position and removed his supervisory authority over non-licensed engineering employees, Smeenk petitioned the state engineering board, which later determined that allowing unlicensed personnel to perform engineering work violated state law. Nevertheless, Smeenk’s supervisor disciplined him and documented this in his personnel file.

Several years later, the supervisor asked Smeenk to complete a professional reference form as part of the supervisor’s application for an engineering license. Smeenk cited his concerns about his supervisor’s experience, particularly that he had not performed the requisite amount of engineering work under a licensed engineer’s supervision. Smeenk later voiced his concerns about a proposed water treatment plant and attended a city council meeting to raise his complaints, including that a portion of the project’s engineering work had not been sourced competitively. Shortly after, Smeenk was fired. He found a new job several months later but now earns a reduced salary with increased health care costs and a longer commute.

Smeenk sued the city of Ashland, alleging violation of the state’s whistleblower statute, Or. Rev. Stat. §659A.203.

The jury awarded more than $258,600.

Citation: Smeenk v. City of Ashland, No. 1:17CV01466 (D. Or. Mar. 21, 2019).

Plaintiff counsel: Christopher Lundberg and Matthew Malmsheimer, both of Portland, Ore.