Judge's ruling eyed in suit vs. Askew

A lawsuit filed against Clark County Manager Dale Askew last September by a county employee who claimed he was demoted because he is black could be resolved in November.

Attorneys representing Askew and George Cotton, an employee in the Human Resources Department, appeared in Federal Court on Wednesday to meet with U.S. Senior District Judge Justin Quackenbush of Seattle.

Askew's attorney, Eva Garcia-Mendoza, said she plans to file a motion for summary judgment -- which allows the judge to decide a case based on law rather than hear facts and testimony -- by Oct. 1. A hearing will follow on Nov. 9.

She said she is confident Quackenbush will side with Askew.

"Cotton was not demoted by Askew," Garcia-Mendoza said. "He was one of several staff directors taken from under his supervision."

Cotton filed the lawsuit in September after being demoted four months earlier. As a supervisor for the county's Equal Opportunity Division, Cotton had reported directly to Askew.

Garcia-Mendoza said when Askew took over for County Manager Pat Shalmy, he decided to supervise fewer directors and shifted some positions. Cotton's division landed under Human Resources Director Beverly Glode.

Glode, who is black, reorganized the department and adjusted Cotton's schedule, although his annual salary of about $80,000 was not changed.

Cotton's attorney, Valarie Fujii, could not be reached for comment today, but she has said that her client was the only black department head to be demoted.

Garcia-Mendoza said Quackenbush told the attorneys that on Tuesday he heard an age discrimination case involving Lockheed-Martin employees and ruled in favor of the employer.

"That gave me a lot of confidence that the judge will rule in favor of us," Garcia-Mendoza said.

If the case goes to trial, it will likely be heard early next year.

Askew was recently in the spotlight when two Clark County commissioners called for his resignation while he was vacationing in the Utah mountains.

Commissioners Dario Herrera and Erin Kenny complained that Askew was not dynamic enough.

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