Rohny|Law 1212 SE Spokane streat Portland, Oregon 97202 ‘Man 508 206.8595, Fax: 9719288895, wwntrohnylaw.com Ccharese Rohny Dect s08 ea” January 5.2018 SENT VIA US, MAIL AND EMAIL Guadalupe Guerrero, Superintendent Liz Large, Interim General Counsel Portland Public Schools, Portland Public Schools 501 N. Dixon St. 501 N. Dixon St Portland, OR 97227 Portland, OR 97227, rintendentapps.net laree@pps. Julia Brim-Pawands, Board Chair. Portland Public Schools Board of Education 501 N. Dixon St Portland, OR 97227 Inrim-edwards{@ops.net Re: Yousef Awad v. Portland Public Schools District No. 1), Portland Public Schools Board of Education & Board Chair Julia Brim-Edwards TORT CLAIMS NOTICE Dear Portland Public Schools and the Portland Publi Schools Board of Education: (On behalf of Mr, Awwad, we assert that he was subjected to tortious and wrongfully motivated conduct by his enployer Portland Publie Schools (“PPS”) and its agents, and the Portland Public Schools Board of Education (“Board”) and its agents. Mr. Awwad was retaliated ‘against and terminated becaise he opposed unlawful conduct and because he exercised his free specch rights in vocalizing his opposition, Mr. Awwad will be seeking to redress the harm that haa boon sassed wen he ws unlawfully investigated, hic employment was unlawfully ‘terminated, and his professional reputation was damaged in violation of his constitutional, statutory and common law sights PS and the Board tave engaged in reckless disregard for Mr. Awwadl's federal and state tights, including but not limited to, Me. Awwad’s constitutional rights pursuant tothe First and Fourteenth Amendments, stitutory sights pursuant fo ORS 659A.199, ORS 659A.203, ORS. {659A.230, ORS 659A,030(2), (b), and (f); and his common law rights through tortious ‘violations, including harm t reputation, intentional interference with economic relations, andLetter to PPS/Boord Re: Tort Claim Notice for Yousef Awad Page 2 ‘wrongful discharge, Due tthese actions, claims for damages will be asserted apainst PPS, its ‘agents and public officials ting in their official and individual capacity; claims for damages ‘ill also be asserted agains! the Board, its agen, and public officials acting in their official and individual eapacity. This tort claims notie is provided pursuant to ORS 30.275. Factual Background and Legal Claims A. Summary Mr. Awwad was whistleblower who would not agree to remain silent. In his final year of employment with PPS, Me. Awad opposed the superintendent candidate Donyall Dickey, ‘who he felt lacked eredibilty he shone a light on a retaliatory investigation of him, initiated by ‘Board Chair Julia Brim-Edwards in Jy of 2017; he raised concems about Ms. Brim-Edwards’ compliance with Oregon's publie meeting laws; and he objected to Ms, Brim-Edwards* involvement in investigation related to PPS' lead crisis or Mitch Whitehurst, because he believed Ms. Brim-Eidvatds hada conflict of interest, Mr. Awwad communicated his concerns bout illegal bohavior and violations of policy to Ms, Brit-Edwards, the Board, and the new Superintendent, Guadalupe Guerrero. When Me. Guerrero attempied to stop Mr. Awwad from speaking out, Mr, Avwad asserted his rights to oppose unlawful bchavior. Three weeks later, on November 9, 2017, Me. Awwad was fied without note B, Mr, Awwad repeatedly opposed unlawful behavior and violations of policy. PS created yet another void in leadership by firing one of its most stable and effective leaders, Yousef Awwad, During his tenure at PPS, Mr. Awwad excelled in multiple roles, some of which he served in simultaneously, including Chief Financial Officer, Deputy Chief Executive Officer, acting Chief Execuive Officer, and interim Superintendent. Mr. Awwad gained recognition and credibility és leader in securing the passage ofthe largest school bond in Oregon history and in managing the fallout of PPS's 2016 lead crisis, which began over a decade before he was hired by PPS. (On two separate occasions in 2016, when Mr. Awwad was the Deputy Chief Exceutive Officer of PPS, Ms. Brim-Eiwards sought high level administrative positions within PPS, Mr. ‘Avrwvad opposed Ms. Brim-Edwards’ efforts because she lacked the qualifieations and experience. In particular, she lacked any instructional, school-related background, which Me Avvwad considered important qualifications forthe positions she sought. Inthe spring of 2017, Mr. Awwad opposed the appointment of candidate Donyall Dickey as Superintendent, which \was proven correct when Me. Dickey had to withdraw his application under embarrassing cireumstances. Doring the summer and fall of2017, Mr. Awwad became aware of other issues with Ms. wards" leadership that he believed presented conflicts of interest and potential violationsLetter to PPS/Board Re: Tor Claim Notice fr Yousef Avrwad Page 3 of aw, Mr. Awwad learned that Ms. Brim-Edwavds lad been the Board Chair inthe early 2000"s, when the PPS lead crisis was initially identified and fll remediation should have taken place, and during the time when some allegations against Mitch Whitehurst occurred (a teacher ‘who was accused of sexual assault and other inappropriate conduct toward students). Me. ‘Avvwad believed that Ms. Brim-Fadwards had authority during that period, yet had failed to take sction on these issues. Thus, Mr. Awwad believed that Ms. Brim-Eawards should not be allowed to lead the investigations in 2017 relating to those matters, because it would present an unlawful ‘conflict of interest, During mid-August to September 2017, Mr. Avwwad raised his concerns to several Board members. (On September 25, October 9, and October 19, 2017, Me. Avewad opposed the unlawfil investigation launched against him in July of 2017 by Ms, Brim-Edwards, Mr. Awwad ‘communicated in emails tothe Board that he believed Ms. Brim-Fdwards was intentionally sabotaging him in multiple vays,inchuding launching an unlawfully motivated investigation not authorized by the Board. When Mr, Guerrero became Superintendent, Mr. Awwad provided him with copies ofthe emails. (On October 1, 2017, Superintendent Guerero started in his new position and shortly thereafter fold Mr, Awwad iat he looked forward to working together. On October 19, 2017, during & Great City Schools Conference in Cleveland, Ohio, Mr. Guerzero directed Mr. Awwad to slow down his to oppositon Brim-Edwaeds’s actions. Guerrero made clear that he and Awwad ‘needed to work with Ms. Brim-Edwards, Mr. Awwad replied that he would continue to say what hie needed to bees he believed Me, Brin-Eidwards’aetions wee illegal ‘On November 9, 20:7, without any prior notice, Superintendent Guertero told Mr. Avwwnd that he was fired, (C. Ms. Brim-Edwards launches an expensive and unjustified investigation against ‘Mr, Awwad based upon an alleged “anonymous” complaint. (On July 1, 2017, the Board passed a resolution appointing Mr. Awovad as interim ‘Superintendent of PPS. On July 7,2017, Ms. Brim-Fdwards became the Board Chair. At the time Ms. Brim-Edwards became Chair, PPS was facing a slew of crises, from many unfilled positions tothe fallout from the lead poisoning crisis, Yet Ms. Brim-Edwards chose to focus on ‘Mr. Awad just three days after she assumed her position. Ms. Brim-Eadwatds immediately sought to discredit Mr, Awwad and destroy his PPS career. (On July 10, 2017, Ms, Brim-Edwards, apparently through her role as Board Chair, initiated a secret investigation of Mr. Awwad, in violation of statutes governing Board procedures for entering into contracts and internal Board polices regarding decision-making among Board members. Ms, Brim-Edwards, a Nike executive, engaged the law fim of Stoel , who frequently represents Nike, ta investigate Mr, Awwad, Stool Rives attorney AmyLetter to PPS/Board Re: Tort Cla Notice for Yousef Awad Page 4 Pedersen provided legal counsel and in tum, facilitated the hiring of an outside investigator, Renee Star, ‘As background, in the spring of 2017, then-inteim Superintendent Tom McKean considered Mr. Avvad’s consensual relationship with another PPS employee and concluded there was no wrongdoing by Mr, Awwad. Mr. MeKean engaged outside counsel in June of 2017, ‘ho also confirmed that Mi. Awwad’s relationship did not violate any policy ot law, The consensual relationship was nota barrier to Mr. Awwad’s appointment a interim Superintendent, effective Jly 1, 2017, as the issue had been put to rest and the Board was focused on Mr. Awwad’s achievements and proven rack record for success Not until August of 2017 did Mr. Awrwad leatn that in early July of 2017, Board Chair ‘Ms, Brim-Edwards had used public funds to initiate a secretive, illegal investigation. Mr. Awwad ‘was told that. on August 3, 2017, Ms, Brim-Edwatds had received an anonymous complaint regarding Mr. Awwad’s conduct. On or about that sume time, the allegations ofthe anonymous, complaint were leaked tothe media in violation of District policy. Se eg, 5.10.064-AD(V), Mr. Awad was not given any explanation for why Ms. Brim-Eadwards initiated the investigation a month earlier (before the anonymous complaint) or why Ms. Brim-Edwards had prioritized investigating Mr Awad, just thre days into her tenure as Board Chair. Mr. Awovad ‘was under the impression that Ms, Brim-Edwards aeted alone in initiating the investigation and approving the use of public Funds to hire an investigator: ‘When Mr. Awad leaned of the investigation on August 4,2017, he believed that Ms Brim-Edwards’ actions viohted state and federal law, as well as egulations and Board policies. Mr, Awwad believed this conduct violated ORS 294.100, which makes it “unlawful for any public offical to expend any moneys in excess ofthe amounis provided by law, or for any other ‘or different purpose than provided by law.” Mr. Awwad also believed public meeting law had ‘been violated, as well as state laws governing the Boar's ability to enter into contracts and ‘criminal ls regarding obstruction of governmental administration and performance of performing an act constituting an unauthorized exercise in official duties. Mr. Avwwad immediately raised his concems about these actions D. Mr, Awwad was widely praised and recognized for his achievements at PPS, Officer in November of 2014. Me. Awad rand continued to Me, Awad was hited as the Chief Fina ‘was promoted just two year later to be the Deputy Chief Executive O have an exemplary carer with PPS, Mr. Awwat! led PPS on several important issues. Notably, he served as the Executive Project Sponsor of the sucesssfal School Health, Safety, & Modernization Bond, Mr. Awwad led ‘team in engaging stakeholers, collecting data, and creating a campaign to persuade voters ofLetter to PPS/Boand Ke: Tort Claim Notice for Yousef Awwal Page 5 the importance ofthe bond, The bond successfully passed by the votes, to the great benefit of PPS and its students. ‘Mr, Avvwad also led PPS when then Superintendent Carole Smith resigned and he helped to mitigate the crisis eaused by the discovery of high lead levels in school drinking water. Mr. Avwwad worked to ensure that all schools had access to safe, bottled drinking water; he ‘authorized clinies to open aud test students and employees for lead levels; he coordinated a esting with the Multnomah County Health Department on tho igeus: and he engaged a health and safety expert todo a comprehensive health analysis of approximately 50 programs that affect PS student and employee health, ‘Less than a year aftr Mr. Awwad was named Deputy Chief Executive Officer, then- ‘Board Chair Tom Koehler epproached Mr. Awwad tobe Interim Superintendent, Mr, Awad. ‘was appointed by the Board to that position on June 27, 2017, PPS was ina state of inner turmoil after going without a permanent superintendent for aver a year and it saw Mr. Awwad as a stable and effective leader. Alte time, Mr. Avorad “eamed nearly universal praise from school-board members and parent activsts."! He was “considered a rare bright spot inthe midst of the chaos that has engulfed PPS." It was widely acknowledged that PPS “counted on Interim Superintendent YYousor Awwad to stcer it oat of problems during two stints in as its interim leader and as its permanent deputy executive, and that “ujatil Brim-Kdwards launched the investigation, Awwad ‘was in good standing with te district E, The unlawful and retaliatory investigation of Mr. Awwad, initiated by Ms, Brim- Edwards, clears Mr. Awwad of any alleged wrongdoing, ‘When Mr. Awovad leamed he was targeted in an ilegal and secretive investigation, he reajuested an independent investigation of Ms. Brim-Edwards" actions. For the next three "As recenly sx months ag, [Awad] earned nearly universal pase om shoo board members and parent tvs” Beth loi, Second n Command af Portland Pubic School Fired Wi Sve, Patan Tabu. (No.9, 2017, hipsponlangiihue on/p 9-news¥ 4218-26457 |seconn-command-t-otandqublicschoosfed- tlle teed Iay ?,7008) Ad hs ben considered ara bright spot inthe mit ofthe chaos ht has engulfed PPS. He ep rn the sit ast year afer former superintendent Carle Sith bry resigned inthe wake of ea can” Racel Monahan, Portland Puble Sco Board Hiring Ouse Lae Fm oIvestigae ltr Superintendent Yous Awad, Willamete Werk (Ave 14, 2017), hp Jr vel con/nevachoal201 7/8 dportand-pbl chon-hon-eokingsshr-usien-ficm-o-nvesiate-urentiterinsaperinendat- yous wad (st ‘secessed Jarry 3, 2018) 2"[PPS bs counted on Intern Superintendent Yousef Awad to ster tou of problems ding vo sits inas its ineri leader nt ass pemanet deputy executive” Bethany Bares Intri Saperntendent wade Investigation Jor dleged Romance wth Sibr ‘nate, The Oregonian (Avg 13,2017), iespernendeLetter to PPSYBoord Re: Tort Claim Notice for Yousef Awad Page 6 ‘months, he opposed the Bourd’s unlawful conduct in initiating and conducting an investigation of him. ‘After a report egarcing the investigation in a Board Executive Session on October 6, 2017, the Boar concluded that Mr. Awad hed not engaged in any wrongdoing and that no discipline was warranted, Itcame as no surprise thatthe investigation did not uncover any ‘wrongdoing. Mr. Awwad was surprised, however, when the Bostd, PPS, and Ms, Brim-Edwards failed to offer him a public apology or take any action to addeess his repeated insistence thatthe investigation was improperand unlawful ‘Mr. Awad leamedof the investigation on August 4, 2017. Ms. Brim-Edwards and Rita Moore, another Board mermher, met with Mr. Awwad. They told him that Ms. Brim-Fdwards had received an anonymous complaint the day before, August 3, 2017, regarding his conduct. To this day, Mr. Awwad has never reeeived an explanation as to why Ms, Brim-Edwaeds made ita top priority of her new roleas Board Char to initiate an investigation oF him. ‘Me Aww has never been told upon what basis Ms. Brim-Edwards had to initiate an investigation in July of 2017, nor the scope of what was initiated, given thatthe alleged anonymous complaint was sot received until August of 2017, (On August 9, 2017, Mr. Awwad learned that someone had leaked information about the investigation, He received an eral from a Willamette Week reporter asking him about the investigation and an article was published on August 14, 2017, The same day, Mr. Awwad ‘received the following email from Ms. Brim-Edwards: “I wanted to let you know that we are ‘Boing to have a short executive session tomorrow so that all board members have the same information about the invesigation. No stalT should attend that executive session although that ‘may change Mr. Awwad believe that the Board's expenditure of funds withthe engagement of ‘ouiside counsel 0 conduct cn investigation of Mr. Awwad violated Oregon law regarding public notice requirements and autworiy of the Board o enter into contracts when no contract had been approved. The contract fr investigation requested by Ms. Brim-Edwards violated ORS 332.075, ‘which requires that “all conracts ofthe school distrit must be approved by the district Board before an order ean be draw for payment.” To Mr. Awwad’s knowledge, the Board never approved the contract, and this was a ‘usilateral decision by Char Beim-Edwards,Letter to PPS!Board Re: Tort Claim Novle for Yousef Awad Page? Similarly, ORS 294.100 makes it “unlawful for any public official to expend any moneys in excess of the amounts provided by law, or for any other or different purpose than provided by Ja” In addition, ORS 332075 provides that “[iJFs contract is made without the nuhority of the slistiet Boar, the individuel making such contract shall be personally liable.” Mr. Awvad believed that Ms. Brim-Fadwvards may be personally liable forthe investigation contract “Mr, Awwad further believed that Ms, Brim-Edwards’ behavior constituted the ‘misdemeanor crimes of obsiucting governmental administration and performing an act constituting an unauthorized exercise in official duties. See ORS 162.235, ORS 162.415) G. Mr, Awwad opposed Ms. Brim-Eadwards’ and the Board's unlawful actions. Mr, Awad believed that Ms, Brim-Edwards violated the law by secretly investigating him. To his knowledge, Ms Brim-Edwards initiated the investigation without other Board ‘member participation. He also believed that Ms. Brim-Fdwards, in violation of state and federal law, was intentionally trying to destroy his reputation and undermine his ability to serve PPS. ‘Ms, Awwwad voiced his opposition on many occasions; in particular, he wrote three emails tothe entire Boar, (On September 25,2917, Mr. Awwad emailed Ms. Brim-Edwards to oppose her efforts to Aiscredit and destroy his caver, and to oppose the investigation Mr. Awwad stated tht he believed tht the investigation launched by Ms. Brim-Edvards violated the law. Mr. Awwad wrote “Lam concemed tha: the recent investigation you launched into me in unauthorized, unlawful, and improperly motivated by dseriminatory personal animus. Insofar as I am aware, the Bourd never authorized the investigation at a public meeting and you have no authority as an individual Board member to authorize such an investigation on your own, this is the circumstance, the investigation is unlawful and you may be personally Table forthe cost.” Mr, Awwal also cited the following specific examples of Ms. Brim-Edwards’ actions: [Jou requested cancellation of meetings that I have scheduled with extemal entities, such as the Mayor 0° Portland. I have also discovered that you are personally directing, staff to perform wors without my knowledge and instructing them not to inform me of thie aetvities on your behalf. This bebavor is inappropriate, contrary to distiet policy, and [is] putting stafi members in completely untenable positions, which quite foreseeably is creating confusion and tension in the workplace.”Leder to PPSBoard ‘Re: Tart Claim Notice for Yousef Awad Pages ‘On October 6,2017, the Board held an executive session to discuss the illegal investigation. The investigation did not uncover any evidence of wrongdoing on his behalf and no disciplinary action was taken against him, The executive session was illegally conducted in violation of ORS 192.660 znd OAR 199-040-0020, which exist to protect Mr. Awwad’s due process rights By October 9, 2017, Me. Awwad was informed that the investigation had cleared him of | any wrongdoing and he emailed the Board 10 again voice his belief thatthe investigation was nla in dhe following ways: + The investigation was never authorized by the full Board, as required by statute. ~The investigation was a misuse of taxpayer money, in violation of the Board's statutory obligations. Ms. Brim-Edwards slandered and defamed Mr. Avwvad. Mr. Awwad requested a public apology on behalf of Ms, Brim-Edwards and the Board ‘On October 11, 2017, Stool Rives attorney Amy Pedersen, on behalf of the Board, sent ‘Mr, Awwad’s attorney the ftlowing proposed public statement: “The Board of Education has reviewed the results of an independent investigation into ‘anonymous allegations concerning Deputy CEO Yousef Awwad. Mr. Awwad’s conduct id not violate district policy and no disciplinary action was taken. This situation revealed the need for greater :larity in dstriet policies and practices regatding consensual relationships in the workplace. The Board communicated to Mr. Awwad expectations and actions for navigating the managerial relationship going forward and will be working ‘with Superintendent Guerrero to develop better guidance and procedutes as part of @ general review of the district's Human Resources provesses. Deputy CEO Awwad hiss provided valued leadership to Portland Publie Schools and we fully expect hin to continue tod so for many years to come.” Neither PPS nor the Board ever publicly issued the statement Mr, Awwad sent third email to the Board on October 19,2017. By that point, he had Also learned that Ms, Brim-Edwards had tried to interfere withthe Board's contract with Me. ‘Avwwad in June 2017 when he was appointed as interim Superintendent. Mr. Awwad expressed his opposition to Ms. Brim-Bdward’s actions and repeated his belief that the investigation violated the law. He once again asked fora public apology. He also requested an independent investigation of Ms. Brim-Fdwards’ actions.Letter to PPS!Board Re: Tort Claim Note for Yousef Awwad Page 9 H, Superintendent Guadalupe Guerrero discouraged Mr. Awwad from expressing his opposition © the actions of Ms. Brim-Rdwards and the Board and fired Mr. ‘Awivad when he continued to exercise his rights fo free speech. ‘When Mr, Guerrero became Superintendent, Mr. Awwad gave him copies ofthe emails Mr. Awad bad sent to the Board regarding his belief that Ms. Brim-Fdwards had violated aw and policy in launching an snauthorized investigation, In the aftemoon of October 19, 2017, Mf. ‘Guorrro talked to Mr. Avivad about Ms. Brim-Edwands. Mr. Guetrero directed Mr, Avewad to ‘work with Ms. Brim-Edwards and told him to “slow it down.” Mr. Awwad interpreted Mr Gucrrero’s directive as telling him to stop opposing unlawful behavior. Mr. Awwad responded to 'Mr. Guerrero, leting him know he would not remain silent that he would continue to speak up ‘when he believed Ms. Brin Edwards actions were unlawful, Mr, Awad did notstop engaging in whistleblower activity, On the night of October 19, 2017, he sent his thitdl email tothe Board and copied Mr. Guerrero. Three weoks later, Mr Guerrero fred Mr, Avwad, 1. Mr, Awwad was unlawfully discriminated against and terminated. Mr, Awwadl's termination violates state and federal law that protects employees from discrimination and discharge for disclosing and opposing unlawful behavior, including criminal activity, and from discrimination based on race or national origin. PPS and its agents, and the Board and its agents violated at least four Oregon statutory ‘provisions when they discriminated against and terminated Mr. Awwad for reporting Brim [Edwards's unlawful and fssally iresponsible investigation into an issue that had alteady been investigated and resolved: ORS 659A.203*, ORS 659A. 199°, ORS 659,230", and ORS {659A,030(0). These statutes protect a whistleblower who discloses information he believes is evidence ofa violation of le, rule, policy, or regulation, ora mismanagement, gross waste of funds or abuse of athority. In addition, ORS 659A.030(a) and (b) protect Mr. Avwwad, who is {rom Jordan, fiom discrimisation based on race or national origin, “ORS 6594.05 protacs public employees om being subject to diplinry ation fr dischosing information that the employes rewonbly believe Is evidence of] violation of any federal or ote av ao elation By the Ste, abency or pola sbivson” ot [nsmanagenet gross ate of fonds or ae of athe ORS 594.19 sinny ste hat an emplayer may not dca ap employes for repartig in good ith, “nforation that he employee tlieves even of volaon of sao esr la, ul or regulation” Soe Spangler. Cy of Mammen, No, 2:16CV-40090-SU, 2017 US. Dis. LEXIS 21187, a *17 1 (D Or Dec 21, 2017 (ooting tht a recent smendnent to ORS 659.203 upsets that ORS 6894. 199 apps to public employees). ORS 6598.20 procs employos who “in good ath repr) rina civil by ay person.” ORS 639A 030) makes anil for ay penn, pares of wheter the persons an employer, "sha ‘orothervisedcimiaate age any her person beetse that oe person has opposed ny unlefal pci” See Zveise Ny Dit Teleservices, Ine, No. 35-6 024012, 2017 US. Dist. LEXIS 138529, a 55 tD OF Aus 29,2017 (aseong with ter cous that teste dos nat require the ofending ator tobe an “employeLetter to PPS/Board Fe: Tort Claim Notice for Yousef Awad Page 10 ‘Mr. Awwvad also has claim for common law wrongful discharge. There is no question that itis important public policy for the Board to have to conduct its business ina transparent and legal manner. To initiate an investigation for unknown reasons, without public knowledge or full Board approval, offends traitional notions of public accountability for clcted officials, To make matters worse, the investigation required a significant expenditure of taxpayer money. ‘When Mr. Awwad became aware of these acts, he vocally opposed them, tothe benefit not only ‘of himself, but ofall publicemployees who might be subjected to similar treatment or an abuse ‘of power. He believed the integrity ofthe District and its Board were being adversely affected, Mr. Awad did not want to leave PPS; however, Prince George's County School Distt jin Maryland sought him out nd interviewed him twice for the Chief Financial Officer position. Mr, Awwad has a claim for vrongful interference with economic relations, The specter of the ‘unlawl investigation and the fact that he was not issued a public apology interfered with his recruitment fora prestigious job in another school district. Finally, PPS and the Board violated Mr. Awwad’s constitutional rights. Mr. Awoad’s First Amendment rights were violated when he was terminated for speaking on a matter of public concem—the violation of Board procedures and the misuse of taxpayer funds. His due process rights were violated when the Board conducted an executive session in violation of OAR, 199.040.0030 and whea the Board failed to issue a public apology or otherwise clear his reputation and name. 3. Conelusion “Through the end of une of 2017, PPS and the Board cleaely valued Mr, Avwwad’s service ‘and expressed their confidence in him by promoting him to interim Superintendent. The behavior towards Me. Awwad changed for only one reason—Mr, Awwad vocally opposed unlawful behavior. Mr. Guerrero was not abe to silence Me. Awwad by suggesting he “slow it dawn.” Therefore, he fired Mr. Awwad. The fact that just months earlier Mr. Awwad was praised and promoted provides clear evidence thatthe protected speech motivated PPS to fire Mr, Awwad. ‘ased upon the foregoing, Mr. Awad intends to assert claims agains PS and its agents; the Board and its agents; and individual Board members for constitutional, statutory and ‘common law claims, Mr, Awad is entitle to the basic protections al public employees deserve, chim for wrong discharges "preited upon a discharge because the employee was filing an important societal obligation or was pursing jobsite ight ht less a inpotant ple ple.” Hall Star, 274 Or ‘App 448, 485,36 P.34 345,381 2015}.Letter to PPS/Board Re: Tort Claim Notice for Yousef Awad Page 11 1M, Additional Requiraments pursuant to ORS 30275; A. Date of Incident ‘A continuous pater of tortious and unlawful trestment of Mr. Awwad began in July of 2017 and culminated in his termination on November 9, 2017. B. Location ‘Acts occurred within the City of Portland, Multnomah County, Oregon. ©. Damages. As a result ofthe unlawful acts of PPS, the Board and its agents, Mr. Awad has suffered damages, He intends to seek all damages entitled to him by las, including but not limited to non- economic damages for humiliation, oss of self-esteem, loss of public esteem, loss of reputation, loss of good will, and emotional distress under publicly humiliating circumstances; and ‘conomic damages for lost back and front pay, loss of benefits, and loss of opportunities. In Addition, Mr. Awwad inten¢s to pursue punitive damages against Board members in their individual capacity, including against Julia Brim-Fdwards. Because Mr, Awad had to eta [egal counsel, PPS and the Board should be ordered to pay his reasonable attomey fees, PP the Board should further beenjoined from future violations. Mr. Awwwad will also seek expert witness fees and costs. and Pease confirm in writing to my address receipt of this tort claims notice. Sincerely, ‘Charese Rotiay