PLEASANTON — A judge has tossed a lawsuit filed by a former city of Pleasanton worker who was fired for allegedly having a foul mouth and claimed city officials retaliated against him for being a whistleblower.
Alameda County Superior Court Judge Jenna Whitman dropped Dan Repp’s lawsuit on Oct. 7, saying his case lacked a “triable issue” and was “not tied to any evidence.” Repp, a former managing director of utilities and environmental services, filed the lawsuit in November 2023, about four months after he was fired for swearing on the job and creating an “abusive and hostile work environment,” according to court filings.
Repp claimed he was actually fired for exposing a financial scandal with the city’s water provider, Zone 7 Water Agency, that revealed the city failed to collect about $18 million in fees from customers. The revelation led to a lawsuit between Zone 7 and the city of Pleasanton which ended in a settlement on July 17, in which the city agreed to pay Zone 7 a $250,000 settlement fee and give the agency another $500,000 credit toward land for its projects related to PFAS chemical contamination, which is known to cause cancer and birth defects.
Pleasanton City Manager Gerry Beaudin and spokeswoman Heather Tiernan declined to comment on the case Monday, writing in a statement that “the city will not be commenting since the case is still within the appeal period. We respect the court’s review and decision in the matter.”
In court filings, Repp alleged Beaudin “took his anger out” on Repp for exposing the scandal. Repp also alleged that several employees throughout city departments regularly used profanity in the workplace, including Beaudin who “on more than one occasion” swore at work in front of him.
Besides his retaliation claim, Repp accused the city of age discrimination.
The city alleged that Repp showed “a lack of tolerance for dissent, yelling and screaming at employees, making gestures of anger, swearing in an angry manner,” according to court filings. He also allegedly told another employee in the workplace “I don’t give a (expletive) about what you think is needed,” the city said.
The city’s notice of termination sent to Repp in July 2023 said his “use of profanity in the workplace toward a city employee was unprofessional and does not meet the expectations for your position as Managing Director of Utilities 7 Environmental Services.” Repp worked for the city from June 29, 2020 and July 14, 2023.
Whitman wrote that Repp’s claims “cited no evidence of discrimination or pretext,” and said his “evidence of age discrimination is speculative” and “insufficient,” according to court documents. She also wrote that “there is ample evidence” showing the city would have fired Repp anyway, absent him exposing the water scandal, for reasons that included his “performance, collaboration, or communication issues,” according to Whitman.
In an interview on Monday, Repp’s attorney, Judith Wolff, would not say if they plan to appeal the decision but said “we are certainly discussing every option.” She declined to comment further.
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