Port of Olympia Adjusts Policy After Employee Accuses Commissioner of Sexual Harassment

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The Port of Olympia commission on Monday voted in favor of expanding an anti-harassment/discrimination policy to include the three-member commission after an employee accused Commissioner E.J. Zita of sexual harassment.

The port policy previously only covered employees, not the elected officials, said Beth McIntyre, the port's attorney for personnel matters.

She also said that Zita "denied engaging in harassment or discriminatory conduct."

McIntyre briefed the commission, port staff and those watching the online meeting on how the port had arrived at Monday's agenda item.

According to McIntyre:

Earlier this year, an employee made a sexual harassment claim against Zita, which led the port to hire a female investigator from Seattle to look into the claim. McIntyre said Zita participated in an initial interview, but declined to participate in the investigation.

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The investigator finally concluded that "there have been instances in which Zita engaged in conduct that caused several port employees to feel uncomfortable."

It was then that Zita, who attended Monday's meeting, interrupted the presentation by saying, "point of order, point of order, point of order."

She wanted to make clear that McIntyre's presentation was not specifically identified on Monday's agenda.

"This is out of order," she said, adding that the charges were false. She also called the proceeding a "kangaroo court" and invoked the Latin phrase "ultra vires," meaning the port was acting beyond its legal authority.

"Nothing that Beth is talking about is on our agenda," she said.

Commissioner Joe Downing defended the presentation because it was part of the proposed policy change before the commission.



Zita disagreed.

"Policy 104 stands on its own as a policy," Zita said in reference to the anti-harassment/discrimination policy number. "Convicting me in a kangaroo court is illegal and irrelevant."

Commissioner Downing acknowledged that her objections would be noted.

McIntyre made clear that "nobody has convicted Zita of anything."

Although the port policy didn't previously cover commissioners, the port was still obligated to investigate the claim made by the employee, McIntyre said.

"I fully support the change to this policy," Downing said. "I wish that this commission will make other changes to our resolutions that will protect any employee from future harassment, discrimination or retaliation."

Zita, too, voiced support for protecting employees and commissioners.

"It's important that all employees be adequately protected, and it's important that port commissioners be adequately protected," Zita said. "All staff, and everyone serving at the port, should be adequately protected from all forms of harassment and discrimination."

Zita also made the motion to approve the policy change, but ultimately did not vote for it, making reference to wanting to hear from the state Attorney General's Office first.

"I'm afraid that I can't," she said.

Commissioners Downing and Bill McGregor voted to approve the policy change.

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