On August 5, 2026, the Battle Ground City Council voted 4–3 to approve Resolution No. 26-06, abruptly removing City Manager Kristina K. Swanson “without cause” and suspending her immediately. The decision came just two days after the council completed an annual performance review that graded her work as above average and awarded a merit-based raise.
Swanson’s subsequent $5 million tort claim, filed under RCW 4.96.020, outlines allegations of unlawful retaliation, sex discrimination, open public meetings violations, and coordinated efforts between Mayor Eric Overholser and senior police command staff. At the center of the dispute are questions of executive authority under Washington’s council-manager system, private text messages soliciting complaints against Swanson, and an external reference from a Longview councilmember that foreshadowed council turmoil surrounding her tenure.
The Supervisory Conflict: Council-Manager Governance vs. Police Leadership
The City of Battle Ground operates under the council-manager form of government. Under RCW 35A.13.120, the city council must address city administrative services exclusively through the city manager, who has sole supervision over department heads, including the Chief of Police. Under City of Battle Ground Civil Service Rule 4.04, the City Manager serves as the appointing authority empowered to appoint or remove the Police Chief.
According to Swanson’s claim, friction escalated between March and June 2026, when she met repeatedly with Police Chief Dennis Flynn on March 14, March 25, May 21, May 28, and June 4. The meetings were held to address alleged policy infractions, including:
- Inaccurate reporting of code enforcement data to the City Council.
- Conducting city business on an unmanaged personal mobile phone.
- Communicating directly with individual councilmembers outside the chain of command.
Chief Flynn initiated a complaint alleging whistleblower retaliation against Swanson. Sound Workplace Investigations conducted an outside review and, on June 3, 2026, issued an independent report concluding that none of the allegations against Swanson were substantiated.
Back-Channel Coordination: Text Records and Solicited Statements
Swanson’s tort claim alleges that Mayor Overholser continued circumventing administrative channels by conferring with Chief Flynn and soliciting written complaint letters about her from Police Lieutenants Jason Perdue and Jim Keller.
The July 22 Meeting
On July 21, 2026, Swanson asked Acting Chief Perdue (stepping in during Flynn’s absence) to meet the following morning to address the June whistleblower report. According to Perdue’s memorandum, during their July 22 meeting, Swanson expressed deep disappointment that Perdue had made statements to the investigator that conflicted with her notes, insisting the allegations were unfounded. While Perdue noted that the tone relaxed near the end of the meeting, he stated that he found the discussion uncomfortable and intimidating.
Perdue briefed Lieutenant Keller and Executive Assistant Gail Truax upon returning to the police department. Keller subsequently declined an upcoming rotation as Acting Chief of Police, citing Civil Service Rule 6.05 (exempting the police chief from civil service protections) and expressing fear that Swanson would retaliate against him for his own statements to the investigator.
Private iMessage Exchanges Between Mayor and Lieutenant Perdue
Public records disclosures (CPR2026-260) show Mayor Overholser directly contacting Lieutenant Perdue on personal devices to schedule closed-door meetings and collect formal statements:
- July 24, 2026 (Friday evening):
- Mayor Overholser: “Good evening Jason, Eric Overholser here. Do you have time to chat?”
- Lt. Perdue: “I am golfing with my son. If not time sensitive, can I call you in a while?”
- Mayor Overholser: “Yes, absolutely! … We are headed to a family movie night, do you have time tomorrow to talk?”
- July 25, 2026 (Saturday):
- Lt. Perdue: “I have some time today around 1pm, does that work for your schedule? … Would you prefer in person or by phone?”
- Mayor Overholser: “I think in person would bee good.”
- Mayor Overholser: “We can meet at my office 1608 SE Commerce Ave, Battle Ground, WA 98604”
- July 30, 2026:
- Lt. Perdue: “Good morning sir. I have my statement ready. Would you like me to drop it off at your office?”
- Mayor Overholser: “Yes, please. I’ll be here until about 2:30, then I’ll be back around 4.”
Perdue’s written memorandum, dated July 30, 2026, opened: “At your request, I am completing this statement to explain and describe the series of events that we discussed.” During that same period, Lieutenant Keller also drafted a formal letter to Mayor Overholser criticizing Swanson’s leadership and operational direction regarding the Community Service Officer (CSO) unit and code enforcement.
- August 5, 2026 (Morning of the Special Termination Meeting):
- Lt. Perdue: “Can I ask if Flynn is being fired today? I sure hope not, our department has never been this good. I know you don’t have a lot of control over her actions but that would be devastating”
- Mayor Overholser: “Not to my knowledge”
- Lt. Perdue: “But she can?”
- Mayor Overholser: “Technically yes”
The Termination and Tort Claim for Damages
On August 5, 2026, the Battle Ground City Council held a special meeting called with 24 hours’ notice. Following an executive session to evaluate the performance of a public employee—during which Swanson was excluded—the council passed Resolution No. 26-06. Councilmembers Brian Munson, Victoria Ferrer, Aimee Vaile, and Mayor Overholser formed the four-vote majority terminating Swanson without cause.
On October 6, 2026, Swanson’s legal counsel presented a formal tort claim notice to the City of Battle Ground, demanding $5,000,000 in total damages ($2 million in economic loss; $3 million in noneconomic damages for emotional distress and reputational harm).
The claim asserts:
- Unlawful Retaliation and Sex Discrimination: Violation of Title VII and the Washington Law Against Discrimination (RCW 49.60.180, RCW 49.60.210) by accepting unverified hearsay complaints from subordinate male police staff and replacing Swanson with an interim male appointee.
- Open Public Meetings Violations: Noncompliance with RCW 42.30.110(1)(f) and RCW 35A.13.120 through unannounced deliberation, using private cell phone networks to reach quorum outside open sessions, and denying the claimant proper notice to respond to submitted employee grievances.
- Breach of Contract and Wrongful Discharge: Wrongful termination in violation of public policy, breaching employment guarantees and the implied covenant of good faith and fair dealing.
The City of Battle Ground remains under formal notice to preserve all digital communications, text message archives, and private device records relevant to the termination proceedings.
Document and Record References
- City of Battle Ground Claim for Damages Form (Oct. 6, 2026), filed pursuant to Chapter 4.92 / 4.96 RCW.
- Attachment A to Tort Claim Notice, Law Offices of Sue-Del McCulloch LLC representing Claimant Kristina K. Swanson.
- Statement of Lieutenant Jason Perdue to Mayor Eric Overholser (July 30, 2026).
- Formal Letter of Lieutenant Jim Keller to Mayor Eric Overholser (July 2026).
- City of Battle Ground Civil Service Rules, Chapter 4 (Definitions – Appointing Authority 4.04) & Chapter 6 (Rule 6.05 Positions Exempt).
- Public Records Disclosure CPR2026-260 Search Declaration, Responsive text message exchanges between Eric Overholser and Jason Perdue (July 24–August 5, 2026).
- City of Longview Public Settlement Statement, Councilmember Kalei regarding OPMA Litigation and City Governance Transitions.
- City of Battle Ground Resolution No. 26-06 (Passed August 5, 2026).
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