-Caveat Lector-
Sounds like Charles and Sandy Moose are bush league Jesse Jacksons in the extortion game.
 
 
washingtonpost.com

Panel Delays Moose's Pay
Montgomery Seeks Details on Legal Settlement

By Matthew Mosk and Dana Hedgpeth
Washington Post Staff Writers
Thursday, August 7, 2003; Page B01

Montgomery County is withholding former police chief Charles A. Moose's final paycheck while the county Ethics Commission seeks more details about a legal settlement he listed as income on his 2003 financial disclosure form, county officials said.

Moose is asking to keep confidential the source and amount of the money he and his wife received prior to his resignation June 28. The payment was mentioned on forms made public by the commission last week.

The forms do not disclose who made the payment. But Moose sought a financial settlement this year from Marriott International Inc., according to sources familiar with that request. The Bethesda-based hotel chain is one of the largest corporations doing business in Montgomery County.

Chief Moose sought the settlement after alleging that he was a victim of racial discrimination in December while staying at a Hawaiian resort managed by the chain, according to one of the sources, who was briefed on the incident at the heart of the allegations. The source did not know how much Marriott ultimately paid but said the Mooses requested the company give them $200,000 to avoid a lawsuit.

Moose and his wife have repeatedly declined to comment for this story. Washington civil rights attorney John Relman, who handled the matter for the Mooses, hung up the phone when asked about the case. Marriott officials released this statement: "He did stay with us in Hawaii. An issue arose inadvertently during his stay. We resolved it."

"Beyond that," said company spokesman Tom Marder, "there isn't more that we can discuss."

The Ethics Commission collects financial disclosure reports from top-level county employees and elected officials every year. As part of his 2003 report, Moose filed a form in which he invoked a provision in the county's ethics law that allows the details of such a settlement to remain confidential, so long as the employee assures the commission that his county department was not regulating or doing business with the party that paid him.

The payment, and Moose's assertion that it can stay secret, presents a dilemma for the Montgomery County Ethics Commission, which has already tangled with the famous former chief over his plans to write a book about the Washington area sniper case. County officials said that because Moose supplied so little information about the settlement, the commission has no way of determining whether he can legitimately keep it from public view.

The commission asked county officials to withhold Moose's final paycheck while a county attorney seeks more information from Relman. According to Marc P. Hansen, chief of the county's division of general counsel, the two lawyers "have been playing phone tag" for at least a week.

County Council member Phil Andrews (D-Gaithersburg) said he believes that the commission should be told more.

"At the very least," Andrews said, "I would want the Ethics Commission to be able to determine whether it's appropriate that it stay confidential."

The dispute that led to the Mooses' financial settlement originated at the JW Marriott Ihilani resort and spa at Ko'Olina, a luxurious, grassy beachfront property with manmade lagoons and a golf course about 30 miles outside downtown Honolulu. Late in December, still exhausted from the three-week sniper manhunt and the accompanying media blitz, the chief flew with his wife to the Hawaiian hotel to celebrate their 14th wedding anniversary and finally get some rest.

At some point during the Mooses' stay, sources familiar with the allegations said, the chief wandered into what the hotel managers call "the back of the house," an unfinished area reserved for employees . Moose was confronted by a hotel employee. When the chief was asked to produce proof he was a guest at the hotel, in the form of a room key, an argument ensued, the sources said.

The details of the exchange have not been publicly disclosed. At some point after this exchange, Moose contacted Relman. The Washington civil rights lawyer, who is best known for his representation of African American plaintiffs suing the Denny's restaurant chain, was also a very familiar name to Marriott's attorneys, the sources said. In 1999, Relman helped represent the NAACP in a lawsuit against the Adam's Mark hotel chain after Black College Reunion participants complained of discrimination at a hotel in Daytona Beach, Fla. Two years later, Relman and NAACP attorneys settled the case for $2 million.

In a letter to a top-level Marriott executive, the source said, the Mooses threatened to sue over what they considered discriminatory behavior at the Hawaii resort. In the letter, Moose asked for $100,000 for himself and $100,000 for his wife, to compensate them for "suffering" and "distress," the source said.

The request infuriated top executives at Marriott, according to company executives who discussed internal reaction to the settlement demand with The Washington Post on the condition they not be named. They said company lawyers believed the hotel chain's only option was to settle the case. The last thing the company wanted was the public relations debacle that probably would come with an accusation of discrimination from Moose, who was riding a wave of popularity as one of the nation's best-known African American lawmen, they said.

Though the deal was sealed with a confidentiality agreement, it has not stayed entirely secret. Unsubstantiated accounts of a deal between Moose and Marriott surfaced this spring on the Web site of the Montgomery County police union. The union site still includes a link to a June 18 article posted in an Internet publication called WorldNetDaily.com, which reported that Marriott "won't deny persistent rumors" that the company paid Moose "big bucks" to drop a charge of racial bias against the hotel chain.

But there is no detail about the source or amount of the settlement in Moose's ethics filing. Those documents say only that he engaged in "a settlement [with a] confidentiality clause." Records show that such a filing by an employee is unusual but not unheard-of in Montgomery County. In fact, Moose made a similar declaration in his 2000 disclosure form. In that statement, he reported that he and his wife were the recipients of confidential settlements in an amount that exceeded $5,000 each, but no further information was disclosed.

Prior to their arrival in Maryland in 1999, the Mooses had raised discrimination allegations in other instances, and they sought compensation in at least one case.

According to city officials in Portland, Ore., where Moose was police chief and his wife, Sandy Herman Moose, was a staff member for the police department's citizens complaint review board, the couple also benefited from a confidential legal settlement.

Before she left her job with the city, Sandy Moose received a settlement with the city that resulted from a sexual harassment allegation she made against another employee. Barbara Clark, a former Portland city auditor, served as Sandy Moose's boss. "My recollection is that the city settlement was about $10,000 on the sexual harassment case," she said. "I remember because it came out of my budget."

The settlement was intended to be confidential, Clark said, but it was mentioned in a 1991 profile of Moose by the Portland Oregonian. That news account also reported on an incident in which the Mooses said they were victims of discrimination because they are an interracial couple and had considered taking legal action.

In that instance, the Mooses were on a visit to Jackson, Miss., where he was a candidate for police chief. While in Jackson, they attended a party for community leaders. The Mooses told the Oregonian that they were "shown into a separate room, where they stood alone, ignored. The two other black finalists [for the job], whose wives were black, got the attention. Moose didn't get the job."

According to the newspaper, Sandy Moose protested their treatment to the Southern Poverty Law Center. According to a spokesman for the law center, no discrimination case was ever filed, and no settlement was ever paid.

Special correspondent Rita Beamish in Hawaii and news researchers Meg Smith, Julie Tate and Bobbye Pratt contributed to this report.

© 2003 The Washington Post Company

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