Trgovcich v. State Water Resources Control Board, 1998-WPC-7 (ALJ Jan. 26, 2000)

U.S. Department of Labor

Office of Administrative Law Judges 50 Fremont Street, Suite 2100 San Francisco, CA 94105 (415) 744-6577 (415) 744-6569 (FAX)

DATE: January 26, 2000

CASE NO: 98-WPC-007

In the Matter of

BORIS TRGOVCICH
    Complainant

    v.

STATE WATER RESOURCES CONTROL BOARD
    Respondent

   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.

   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).