1 THE HONORABLE ROGER ROGOFF 2 3 4 5 6 7 SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KING COUNTY 8 9 LINCOLN C. BEAUREGARD, NO. 19-2-08028-1 SEA 10 Plaintiff, 11 v. SECOND DECLARATION OF LINCOLN C. BEAUREGARD 12 13 WASHINGTON STATE BAR ASSOCIATION, a statutorily created entity, 14 15 Defendant. LINCOLN BEAUREGARD, being first duly sworn upon oath deposes and says 16 17 18 1. With this reply, the attached newly obtained evidence is also being publicly revealed for the first time. Internal emails between certain BOG members demonstrate that 19 actions are being taken contrary to the best interests of the WSBA, ethical governance 20 principles, and likely in contravention of Washington’s laws and public policy prohibiting 21 workplace harassment and retaliation. Specifically, select board members, such as PJ Grabicki, 22 23 Jean Kang, and Dan’L Bridges, have been engaging in self-dealing and horse-trading in a way that should be highly concerning to the WSBA membership, the WSBA staff, the Washington 24 25 State Supreme Court and also to the general public: 26 SECOND DEC OF LINCOLN C. BEAUREGARD - 1 of 5 CONNELLY LAW OFFICES, PLLC 2301 North 30th Street Tacoma, WA 98403 (253) 593-5100 Phone - (253) 593-0380 Fax 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 On Feb 18, 2019, at 6:23 PM, PJ Grabicki > wrote: Dan I have been working with Jean on our efforts, and have consulted with Suzanne, so as not to trip over any hurdles. I copied Suzanne on this to get under an attorney client umbrella. Well, there appear to be three hurdles we have to get over before we can finally address your issue. —Kara’s claim has to be settled and behind us. If we do your deal earlier, she will erupt and not settle. That is, in her view, we embraced you when #he is the aggrieved party. —The staff needs to be handled first. If we do your deal first, the rebellion will be off the charts. We will not get to resolution with them, and the publicity will be something neither you nor the rest of us want. —Paula’s deal needs to be finalized. If we don’t get that done and she proceeds to litigation, having done the deal with you, containing admissions, it creates problems and difficulty. That being said, both Jean and I want to work to resolution of your situation in a manner acceptable to you. We are both committed to doing that in good faith. Once the three hurdles above are past us, we can do that. So, I’m not going sideways on you. I still want to solve our issue. So does Jean. 19 I welcome your thoughts, as always. What say you? 20 PJ 21 22 23 *** On Feb 19, 2019, at 8:16 AM, PJ Grabicki > wrote: 24 25 26 So, does this change our thinking at all? I suspect not, but weigh in. Sent from my iPad SECOND DEC OF LINCOLN C. BEAUREGARD - 2 of 5 CONNELLY LAW OFFICES, PLLC 2301 North 30th Street Tacoma, WA 98403 (253) 593-5100 Phone - (253) 593-0380 Fax 1 2 3 4 5 6 7 8 Begin forwarded message: From: Dan Bridges > Date: February 19, 2019 at 7:46:33 AM PST To: PJ Grabicki > Cc: Dan BOG >, "Jean Y. Kang" > Subject: Re: Claims 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 It seems like you are asking me to sign off on Kara’s agreement and hope and trust we work out my situation later. And if we cannot work that out, I’ll be left hanging having waived all my claims as to her. I trust you, jean, and essentially everyone (with Only one exception) one-on-one completely. But would you do that if you were me? I am not inclined to agree to that. we can address all of your concerns without leaving me twisting in the wind. We need to address Kara’s and my situations simultaneously. But, We can do our agreement separately and confidentially. she need not even know of it. That addresses your point on Kara. Albeit, I don’t buy that she will care what we do as long as she gets a check. She is not going to refuse a check even if the resolution said WSBA believes she fibbed. On staff, That also goes for staff. I’m not going to tell them. All this can be confidential until after you do the staff meeting. That would seem to address concerns on staff. On the paula thing, I’m not sure I see an entanglement there. She is one of the ones who retaliated. Also, the facts are the facts. These things happened openly. Saying it or not saying it does not change what happened. But as a workaround for the paula thing, the “statement” of what happened could be held until after whatever the date was we put in that paula has to have her agreement in place. I figured that would be the case anyway. So as bullet points: A confidential agreement to do certain things AFTER the staff meeting, and AFTER the date we put for the resolution of Paula’s agreement, but with a drop dead date so it does not linger on too long. SECOND DEC OF LINCOLN C. BEAUREGARD - 3 of 5 CONNELLY LAW OFFICES, PLLC 2301 North 30th Street Tacoma, WA 98403 (253) 593-5100 Phone - (253) 593-0380 Fax 1 2 3 4 5 6 7 8 The agreement would not be shared with Kara’s side. So, you may rip up that draft agreement I created that was trilateral. We would have a separate, much much shorter one. I think that addresses the concerns? We need simply get this in place and agreed confidentially and the action is taken later. WSBA gets past the things you mention, then this piece already agreed goes forward. Db 2. In addition to the other OPMA violations noted herein, these emails evidence additional potential “harm” to me individually. It does appear from these emails as though an 9 10 alleged sexual harasser, is self-negotiating a payout to himself using WSBA dues, which were 11 paid, in part, by me. This self-dealing is occurring behind closed doors and without proper 12 adherence to public process. As a part a partial to these secret negotiations, it appears as though 13 select board members are simultaneously and secretly pre-determining important staff 14 15 management decisions, including the wrongful termination of Ms. Littlewood. Further, in the attached emails, Governor Bridges is drafting his own misleading exoneration speech for 16 17 18 adoption by the entire BOG. 3. If this clandestine process was attempted in public and in adherence to the 19 OPMA, these actions would never stand. In this way, the additional personalized harm inflicted 20 upon me is the misuse of my portion of the WSBA dues paid during illegal negotiations 21 involving potential payouts to an alleged sexually harassing board member which 22 simultaneously involves the termination of the WSBA’s much respected Executive Director. 23 Additionally, the offending board members are corroding the integrity of the organization to 24 25 which I must be a member in order to maintain gainful employment. 26 SECOND DEC OF LINCOLN C. BEAUREGARD - 4 of 5 CONNELLY LAW OFFICES, PLLC 2301 North 30th Street Tacoma, WA 98403 (253) 593-5100 Phone - (253) 593-0380 Fax 1 2 3 4 I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and accurate to the best of my knowledge. DATED this 1st day of April, 2019 at Seattle, WA. 5 6 7 Lincoln Beauregard_____ Lincoln C. Beauregard 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SECOND DEC OF LINCOLN C. BEAUREGARD - 5 of 5 CONNELLY LAW OFFICES, PLLC 2301 North 30th Street Tacoma, WA 98403 (253) 593-5100 Phone - (253) 593-0380 Fax