Office of Administrative Law Judges 50 Fremont Street, Suite 2100
San Francisco, CA 94105
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DATE: January 26, 2000
CASE NO: 98-WPC-007
In the Matter of
BORIS TRGOVCICH
Complainant
v.
STATE WATER RESOURCES CONTROL BOARD
Respondent
RECOMMENDED ORDER OF DISMISSAL
This is a whistleblower complaint brought under the Federal Water
Pollution Control Act, 33 U.S.C. § 1367. A duly noticed hearing was scheduled in this
case for August 25, 1998, in Sacramento, California. On August 19, 1998, I issued an Order
Granting Continuance as the parties indicated that they were engaged in serious settlement talks
that could not be completed before the trial date. The hearing was temporarily removed from the
calendar. On September 25, 1998 and September 30, 1998 the parties signed an Agreement to
Settle Complaint by Boris Trgovcich. On January 21, 2000, Complainant submitted a copy of
the settlement agreement along with a request that the complaint be dismissed.
My review of the Settlement Agreement is limited to a determination of
whether its terms are fair, adequate and reasonable settlement of Complainant's complaint
concerning violations of the Federal Water Pollution Control Act. The basic criteria is whether
the Settlement adequately protects the whistleblower. Further, the Settlement must not be
contrary to public interest.
After consideration of the Settlement Agreement and the representations of
the parties, I find the Agreement to be fair, adequate and reasonable, and I believe it is in the
public interest to adopt the Settlement Agreement as a basis for the administrative disposition of
this matter.
[Page 2]
RECOMMENDED ORDER
It is ORDERED that:
1. That the settlement entered by the parties be approved.
2. Case No. 98-WPC-007 is hereby dismissed.
Donald B. Jarvis
Administrative Law Judge
San Francisco, California
NOTICE: This Recommended Decision and Order will automatically become the final order of the
Secretary unless, pursuant to 29 C.F.R. § 24.8, a petition for review is timely filed with the
Administrative Review Board, United States Department of Labor, Room S-4309, Frances Perkins
Building, 200 Constitution Avenue, N.W., Washington D.C. 20210. Such a petition for review must
be received by the Administrative Review Board within ten business days of the date of this
Recommended Decision and Order and shall be served on all parties and on the Chief Administrative
Law Judge. See 29 C.F.R. §§ 24.8 and 24.9 (1998).