Former Bremerton public works employee sues city

Christian Vosler | Kitsap

A former Bremerton public works employee who was fired in May following an internal investigation is suing the city, alleging the investigation was meant as retaliation against him.

The lawsuit, filed Oct. 31 in Kitsap County Superior Court, alleges that the investigation — which resulted in the termination of James Iovinelli and then-public works director Chal Martin and the discipline of three other public works employees — was in retaliation for a letter of complaint Iovinelli submitted to the city in 2018. The suit also alleges the city “willfully” did not pay Iovinelli the proper wages for working before and after his shift, during lunches and overtime pay.

James McCanna, Iovinelli’s attorney, declined to comment on the case beyond what was filed last week.

“The complaint speaks for itself,” McCanna said.

Iovinelli, a former senior street services supervisor, was fired in May for violating city procurement and ethical policies after an independent investigator found evidence that he frequently left job sites to check in on his side business while on city time and tried to purchase two excavators from Canada — one for the city and one for himself — without following city purchasing procedures. Iovinelli was also accused of insubordination for discussing the investigation with another employee in the public works department.

The lawsuit details an incident in 2016 when city human resources director Charlotte Nelson told Iovinelli that there had been a suspected breach of confidential information and “HIPAA related documents” about him by city staff. Iovinelli requested those records through a public records request.

“This disclosure and the ensuing investigation resulted in embarrassment for Charlotte Nelson and Bremerton staff,” the suit reads.

After July 2016, the suit alleges Iovinelli was subject to “heightened scrutiny, harassment, and criticism” by city staff, public works manager Milenka Hawkins-Bates, and Nelson. Both Hawkins-Bates and Nelson are named as defendants in the lawsuit.

In November 2018, Iovinelli gave a letter to Hawkins-Bates “bringing his concerns to her attention and requesting resolution.” The lawsuit claims that the letter was ignored by city officials.

The investigation began in late 2018, and Iovinelli was placed on administrative leave in January. The lawsuit alleges that Nelson violated Iovinelli's right to discuss workplace issues with his union when she instructed him not to share any information about the ongoing investigation.

"Nelson's orders interfered and restrained his ability to exercise his right to discuss employment conditions with his union colleagues," the suit reads. "Nelson coerced (Iovinelli) into not exercising his rights of union association."

When he was placed on administrative leave, Iovinelli was given a notice prohibiting him from discussing the investigation with anyone at the city "other than the investigator or your Union Representative," according to a pre-termination hearing notice obtained by the Kitsap Sun through a public records request.

Throughout the investigation, Iovinelli “repeatedly” provided Nelson with information that showed his innocence, including names of witnesses, documents and receipts, which the lawsuit alleges was ignored by Nelson and other city officials.

Iovinelli worked full-time for the city for 22 years, and often came in early, stayed late, worked through lunch and worked overtime without being paid, the suit states. After being placed on administrative leave, Iovinelli submitted a claim for unpaid overtime and missed breaks and lunch breaks, which was denied by the city, according to the suit. The city also denied grievances Iovinelli filed through his union.

The complaint argues that refusing to pay Iovinelli his due wages and overtime constitutes a “willful violation” of state law and alleges that all the actions were in retaliation against him.

Iovinelli is seeking unpaid compensation and overtime, as well as attorney’s fees and damages.

Bremerton city attorney Roger Lubovich declined to comment on the lawsuit.