Pendleton man sues West Extension Irrigation District for $342K
Published 1:00 pm Saturday, October 23, 2021
PENDLETON — Wes Brooks of Pendleton is suing the West Extension Irrigation District and its director, Beverly Bridgewater, claiming the defendants skirted Oregon law on giving preference to hiring veterans.
Brooks seeks $342,000 for economic and noneconomic damages. Brooks, through attorney Marcus J. Swift of The Dalles, filed the pleading Wednesday, Oct. 22, in Umatilla County Circuit Court.
Brooks also is the man involved in legal disputes with the home construction company Adair Homes Inc.
Brooks is a disabled veteran of the U.S. Army. According to the lawsuit, Brooks’ “service-connected disability rating is 100%,” and under Oregon law, he is entitled to veterans’ preferences for hiring.
Brooks on Jan. 15, 2020, applied for an irrigation system manager trainee position with West Extension, the court pleading states. Bridgewater the following day contacted Brooks and requested more information about his experience with irrigation, which Brooks provided. Bridgewater on Jan. 17 informed Brooks he was a “mid-range applicant” and the district would not hire him.
Brooks responded with a public records request to find out who the other applicants were.
According to the lawsuit, Bridgewater held a meeting in mid to late January 2020 and stated a district employee, Gary Kroske, told her how to get around the state law that requires veterans receive hiring preference, so she would hire Kroske’s son, Casey Kroske, who had recently quit working for the irrigation district.
The lawsuit does not explain how Brooks knew about the meeting, but states Bridgewater followed through with hiring Casey Kroske, even though he lacked previous management experience.
The lawsuit also claims the district did not post the positions were open, did not use a hiring process and did not implement any preference for veterans. But Bridgewater on Jan. 27, 2020, sent a response to Brooks telling him the position was closed and the district would work on developing a veterans preference policy.
Casey Kroske resigned in March this year, and Bridgewater again evaded the veterans hiring preference, per the lawsuit, and hired Don Gruber as an irrigation system operator in June. Gruber was one of the trainee applicants in 2020.
As a result of the district and Bridgewater’s actions, Brooks continues to suffer economic damages, according to the pleading, including past and future lost wages and benefits, and noneconomic damages, including mental anguish and loss of enjoyment of life. In all, Brooks seeks $342,000: $92,000 for past economic damages, with the right to amend that prior to or at trial, and $250,000 for the noneconomic damages.
The lawsuit also states Brooks filed a complaint with the Oregon Bureau of Labor and Industries on June 28, 2020, and on June 29 this year, BOLI issued a “Notice of Substantial Evidence Determination” along with a notice of Brooks’ right to file a lawsuit.
The pleading also states Brooks and the irrigation district agreed to the date for filing the lawsuit.
Bridgewater said she could not comment on the case, but the Special District Association of Oregon would represent the irrigation district in the case.
Brooks did not return a call seeking comment by deadline Oct. 22.