Vancouver EMS Head Testifies in Sexual Harrassment Case

The highest-ranking woman in the Vancouver Fire Department testified Friday that she heard Marty James, Fire District 5's administrator, describe women as "bitches" and use vulgar slang when discussing female employees. Four women who previously worked at the district's Northwest Regional Training Center in Orchards are suing James, District 5 and the city of Vancouver for sexual harassment and gender discrimination.

Roxy Barnes, the city's emergency medical services administrator, said she heard James use profanity - including a blatantly offensive term - when talking about women.

Barnes, testifying during the Clark County Superior Court trial's third day, also said she saw James grab himself and say: "We need more testosterone around here."

James, who was called to the witness stand Wednesday afternoon and Thursday morning, testified that he doesn't recall making that statement, but he does remember hearing it from Sue Collins, one of the four plaintiffs, and a Vancouver police officer. "That comment was made a number of times at the training center," he said. "I don't recall making it. May have, but I don't recall."

James, who previously worked for the Vancouver Fire Department, admitted to using the word "bitch" to describe female subordinate employees as well as using a vulgar slang term for menstruation. But he denied making many of the comments attributed to him in documents prepared by Thomas Boothe, a Portland attorney representing the four plaintiffs.

Those comments include allegations that he used the blatantly offensive term that Barnes had mentioned in her testimony. James, under questioning by Boothe, agreed there is "zero tolerance" for that word and using it in the workplace would be "totally inappropriate." James testified that none of the four plaintiffs - Collins, Helen Hayden, Valerie Larwick and Kristy Mason - ever told him that his comments were inappropriate.

Barnes testified that on two occasions she heard Larwick complain to fire and medical officials about James making sexually inappropriate comments. One of those occasions was a meeting that included Vancouver Fire Chief Don Bivins. "The chief listened," Barnes said. "At the end of the conversation, he said he would take care of it."

Bivins and James are close friends. During his testimony, James said he was best man at Bivins' wedding and is godfather to Bivins' daughter.

Since 1994, Vancouver has provided fire protection to District 5 on a contract basis, but District 5 remains a separate government with its own taxing authority.

Barnes said she has learned to go "along with the banter" in the male-dominated fire service. Barnes said she was disciplined in one evaluation for using profanity and referring to male and female anatomy. Barnes said Larwick talked to her about joining the sexual harassment lawsuit, but she declined to do so. "I allowed myself to be part of the bantering," she said. "I think that would be the pot calling the kettle black."

Barnes also said she would "never" go to the city's human resources department with a complaint. "When something is brought forward, they will protect the city," she said.

Under questioning by Richard Matson, a Vancouver attorney representing District 5, Barnes said she is a close friend of Lawrick. Barnes also said she has heard Collins make inappropriate comments, including laughing after she said she pressed her chest against James' office window.

Each of the four plaintiffs is seeking about $1.5 million in damages for emotional distress and other harm they say they suffered as a result of James' conduct.

Collins was a city employee before being fired in June 2004 when she failed to return to work after exhausting her medical leave. The three other women were District 5 employees. Lawrick was fired in October 2002 after she was replaced with a man who had a bachelor's degree. The other two women took medical leave in the fall of 2003 and were fired when they did not return to work.

Matson said during opening statements Friday that James "is not without a certain amount of wrongdoing and misconduct in this case," but he argued that his conduct and actions do not rise to the level of sexual harassment and gender discrimination.

The fire district investigated allegations of sexual harassment in late 2003. As result of that investigation, District 5 commissioners suspended James for one week without pay and ordered him to take a sexual-harassment course.

Testimony will resume Monday morning. The trial is expected to last five weeks.

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