EPHRATA — Ex-Grant County PUD Treasurer/Controller Nick Gerde could

receive $350,000 as part of a settlement with the district.

Grant PUD commissioners unanimously agreed Monday on the tentative

settlement with Gerde in his wrongful termination case.

New commissioner Dale Walker abstained from voting because he

didn’t have knowledge about the case, he said.

Monday was Walker’s first meeting as a commissioner.

Gerde’s lawsuit against the district was filed nearly three years

ago.

Gerde originally asked the district for $4 million, according to a

March 2008 Columbia Basin Herald article.

His lawsuit accused the district of wrongful termination, age

discrimination and violating its employment agreement with Gerde by

failing to provide fair performance evaluations and specifics of

alleged performance problems, according to the article.

Gerde’s lawsuit alleges the utility wrongly fired him in February

2007 after he failed to receive “little or no negative feedback at

all over the next six months after his positive June 2006 review,”

court documents state.

The PUD responded in court documents that Gerde’s claims were

untrue and the utility “had good and just cause to terminate

(Gerde’s) employment.”

Court documents state there was an “action plan” to address his

perceived performance problems.

At

the time, the PUD “found certain aspects of his (Gerde’s)

performance to be unacceptable,” according to a PUD press release

from 2007.

Grant PUD’s attorney, Mitch Delabarre, said there were two

mediations concerning the case.

He

recommended commissioners approve the motion to settle the

case.

He

has been working with outside litigation council on options to take

the case to trial or settle it.

Through the course of additional settlement discussion, they have a

tentative settlement, he said.

Delabarre anticipated additional time and expense would be incurred

for trial preparation, he said.

From a business standpoint, settling is in the best interest of the

district, he said.

Commissioner Terry Brewer said a settlement like this is never a

easy decision to reach.

He

said he certainly appreciates and accepts Delabarre’s

reasoning.

“But I think in this situation it’s the right thing to do,” Brewer

commented.

Commission President Randy Allred said he echoed Brewer’s

comments.

“I

support the settlement with no pleasure,” Allred said.

Gerde’s attorney, Jerry R. McNaul, of Seattle, said he had no

comment until after the settlement was executed.