Nominee to Lead Utility Was Target of Suit

Board Members Say They Were Unaware of Racial Bias Case Against Job Candidate

The candidate nominated to lead Prince George's and Montgomery counties' water and sewer utility was the target of a racial discrimination lawsuit that was settled in 2007 when his employer, the San Antonio Water System, paid $635,000 to an African American employee, according to court records.

Some members of the board of the Washington Suburban Sanitary Commission said they did not learn until yesterday that David E. Chardavoyne, whom the two counties' executives recommended for the utility's general manager job, was involved in a racial discrimination case.

On Tuesday, hours after Chardavoyne was nominated, local officials said they learned from a Washington Post reporter -- rather than their search firm -- that Chardavoyne had filed lawsuits in contract disputes with two previous employers and had left San Antonio after being paid $412,000 in a separation agreement that barred another lawsuit.

Prince George's Executive Jack B. Johnson (D) said in a statement yesterday that his office "will be looking into Mr. Chardavoyne's background further" before making a "final decision" about recommending him. A spokesman declined to say whether Johnson knew about the discrimination case before recommending him Tuesday.

A spokesman for Montgomery Executive Isiah Leggett (D) said Leggett discussed the discrimination case with Chardavoyne and was "satisfied" with Chardavoyne's explanation, as well as his record on promoting a diverse workforce and hiring minority contractors. The spokesman said the information about the discrimination case did not come from the search firm, Heidrick & Struggles, whose Washington office did not return two calls yesterday.

In the settlement, the San Antonio Water System and Chardavoyne admitted no wrongdoing, according to a copy of the agreement. A lawyer for the utility did not return two phone calls yesterday but was quoted by the San Antonio Express-News as saying it wanted to avoid the costs and risks of litigation. The lawyer, Frank Stenger-Castro, was also quoted as saying that the case had cost the utility $205,000 in legal fees.

The bias lawsuit was filed by Rufus Odem, who was head of the utility's internal audit department. He alleged that Chardavoyne harassed him, including by blaming him for "problems" that were not his responsibility and telling others his work was "sloppy, unprofessional, shallow and embarrassing."

Before the lawsuit, the Equal Employment Opportunity Commission had made a finding of racial discrimination in response to a complaint filed by Odem.

Chardavoyne met privately yesterday with the six WSSC commissioners, who must confirm his appointment. In an interview, Chardavoyne said the allegations of racial discrimination were "outrageous" and "offensive." He said that the San Antonio utility's board hired him to look into problems with Odem's department and that Odem had a "performance issue."

The lawsuit "was unfounded and against all the beliefs and principles I have as a career utility executive," said Chardavoyne, 61. "It's the most hurtful thing that's happened to me in my career."

Chardavoyne said he sought and hired black and Hispanic candidates for his management team in San Antonio and promoted minorities during his tenure at the Jamaica Water Securities Corp. in New York.

The WSSC, which serves 1.8 million residents, is struggling to repair its aging system of water pipes, which have broken in record numbers this winter. The utility has gone without a permanent general manager for the past year because the two counties' commissioners have deadlocked amid political squabbles.

Several commissioners said yesterday that the board would conduct a background check before voting to hire Chardavoyne.

"I can't say whether I can live with [the racial discrimination case] or not until I get more information," said Joyce Starks, the board's chairwoman and a Prince George's commissioner. She estimated that more than half of WSSC's employees are minorities.

Roscoe M. Moore Jr., a Montgomery commissioner, said, "I think we have to give it weight, but the question is how much weight you give it, given everything else he brings to the table."

Staff researcher Julie Tate contributed to this report.