Trial begins between Clark County and former Washington state Sen. Don Benton

By Troy Brynelson (OPB)
May 6, 2021 12:59 a.m.

Don Benton, the former Republican state senator, directed the Department of Environmental Services and is the marquee name in the trial.

Former state Sen. Don Benton stands in the ad hoc courtroom for his lawsuit against Clark County on May 5, 2021. Benton and two former county employees allege wrongful termination in 2016.

Former state Sen. Don Benton stands in the ad hoc courtroom for his lawsuit against Clark County on May 5, 2021. Benton and two former county employees allege wrongful termination in 2016.

Troy Brynelson / OPB

When Clark County dismantled its environmental services department in 2016, officials either acted shrewdly to slim government budgets or maliciously to silence whistleblowing on misconduct.

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Those are the opposing arguments in a civil trial now underway between the county and three of the department’s ex-employees, including a bombastic former state senator who led the department at the time.

Attorneys delivered opening remarks Wednesday and cross-examined witnesses, after spending two days selecting jurors. Court officials say the trial could last three weeks.

From the outset, the trial appears to be anything but typical. The courtroom is located at the expo center at the Clark County Fairgrounds, staged with black drapes, concert speakers and video cameras to broadcast online because of COVID-19 health safety measures.

An attorney without a microphone at one point Wednesday had to yell objections to be heard by a judge at the cavernous room’s other end. Some jurors brought their own seat cushions in anticipation of sitting for hours on the center’s plastic folding chairs.

Don Benton, the former Republican state senator, directed the Department of Environmental Services and is the marquee name in the trial.

His name splashed on headlines for years during his time in Washington state politics – as well as his most recent stint in the Trump administration leading the U.S. Selective Service.

In spring 2013, county leaders appointed Benton to lead environmental services. He held that position until then-county manager Mark McCauley dissolved the agency in July 2016. Benton’s compensation in 2015 was roughly $154,000.

Benton and the former employees are suing for economic and non-economic damages.

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His team, from Seattle-based law firm Frey Buck, portrayed Benton as the victim of retaliation after he highlighted government misconduct on things like stormwater fees and land use issues.

They claimed, in one instance, that Benton showed the county raised stormwater fees on residents while letting public agencies, such as school districts and the Washington Department of Transportation, slide.

The firm also represented Benton’s subordinates, Chris Clifford and Susan Rice, whom they portrayed as collateral damage in a fallout between Benton and McCauley. The attorneys said the two struggled to get work after the layoffs.

“Nineteen years – a third of Susan Rice’s life – that’s how long she worked for Clark County,” attorney Evan Bariault said. “On May 11, 2016, she’s pulled into an office and handed a layoff letter. A layoff letter that tells her that her position … is being eliminated because of departmental reorganization and anticipated budget shortfalls.”

The county’s legal team, from Patterson Buchanan Fobes & Leitch, also from Seattle, said the department’s dissolution was wholly within McCauley’s and Clark County’s power.

County lawyers pointed out that McCauley took on greater authority as county manager leading up to his decision to dismantle the department. In 2014 – after Benton’s hiring – voters changed Clark County to a home rule charter to create a five-member council and a county manager, as opposed to a board of commissioners.

“During this trial, Clark County … will defend itself from the accusations of Mr. Benton,” said attorney Megan Starks. “Not with feelings, but with facts.”

Starks also said Benton took the dismantling as a chance to turn their decision into political theater.

“Don Benton saw this coming,” she said. “You don’t serve as a politician for 20 years with an inability to read people.”

In 2016, McCauley told The Columbian newspaper that reshuffling the department’s duties into other departments would save $1.26 million over a two-and-a-half-year period.

Benton himself is expected to testify eventually, attorneys say. Clark County Superior Court Judge Emily Sheldrick could also potentially testify, as she acted as county counsel before her appointment to the bench.

In March, Judge Gregory Gonzales fined the county $40,000 for withholding hundreds of pages of documents in the case. The judge said the county had incorrectly cited attorney-client privilege in many cases.

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