Washington state agency defends giving AGO investigation of tort claim against it

(The Center Square) – The Washington state agency tasked with overseeing tort claim investigations and determining whether individuals should be compensated as a result is defending its decision to assign an investigation to the state Attorney General’s Office in which the AGO and its client, Washington State University, are named defendants.

Earlier this month, Police Strategies President Bob Scales filed a tort claim with the Department of Enterprise Services Office of Risk Management against the AGO and WSU, accusing them of a variety of illegal acts, including racketeering.

The accusations stem from a police use of force database project awarded to WSU after a request for proposal process occurred in 2022. Scales was a potential subcontractor whose company would have worked with a university bidding on the project, but Scales chose not to pursue it due to the stipulation that his company hand over its intellectual property to the state.

Scales has previously leveled numerous ethical complaints against both AGO and WSU employees regarding their conduct during the RFP process.

Shortly after Scales filed his tort claim, DES sent a letter to Scales stating that it had been assigned to the AGO’s Tort Claim Division, which Scales then argued was a “serious” conflict of interest and was not necessary.

According to RCW 4.92.210, "all claims shall be reviewed by the office of risk management to determine an initial valuation, to delegate to the appropriate office to investigate, negotiate, compromise, and settle the claim, or to retain that responsibility on behalf of and with the assistance of the affected state agency.”

According to the DES's website, "ORM objectively determines the state's liability for claimed injuries. It fairly compensates claimants for damages when liability is supported by evidence and denies claims when liability is unsupported. ORM recognizes its stewardship role in protecting state resources by striving for efficient and timely service to individuals. Approved claims are paid out of the Self-Insurance Liability Program (SILP), which is funded by state agencies."

The Center Square reached out to DES inquiring why ORM had deemed the AGO the most appropriate office to assign the tort claim, and asked for comment on whether it constituted a conflict of interest for the AGO to investigate a claim in which it is one the defendants.

Shortly after Scales filed his tort claim, DES sent a letter to Scales stating that it had been assigned to the AGO’s Tort Claim Division, which Scales then argued was a “serious” conflict of interest and was not necessary.

The Center Square reached out to DES inquiring why ORM had deemed the AGO the most appropriate office to assign the tort claim, and asked for comment on whether it constituted a conflict of interest for the AGO to investigate a claim in which it is one the defendants.

In an email response, State Risk Manager Jason Siems wrote that “the Attorney General’s Office is tasked by statute with providing legal defense to litigation against the state/state agencies, including cases against the AGO. Because Mr. Scales has indicated he intends to take legal action against WSU and the AGO, we assigned his tort claim to the AGO for the legal defense, as is our standard practice.”

However, Scales wrote in an email to The Center Square that “state law requires a claim to be filed before a plaintiff can file a lawsuit. The tort claims process allows the Risk Manager to settle claims against the state without having to go through the time and expense of litigation.

“Claims and litigation are two separate processes. By sending my claim to the AGO now, the Risk Manager is guaranteeing that this case will go to litigation because the AGO will never agree to settle. ORM clearly understands this. By sending my $42 million claim against the AGO to the AGO to evaluate, he is condemning the State to costly litigation and treble damages that could exceed $150 million.”