Thurston County commissioners on Wednesday formally rebuked Commissioner Emily Clouse for her behavior this year but also lifted her suspension.
The commissioners voted 4-0 to approve a censure resolution and then took turns reading parts of it aloud from their meeting room at The Atrium. Clouse was present but abstained from the vote and the reading.
"This is a resolution of the Thurston County Board of County Commissioners of public censure of Commissioner Emily Clouse, expressing a loss of confidence in her judgment and leadership, and requesting her accountability measures," Commissioner Wayne Fournier read aloud.
The decision came five days after the county released the results of an investigation into Clouse's relationship with her former executive aide.
The report largely dismissed the aide's sexual harassment and retaliation claims which are the basis for a recently filed lawsuit. However, the report also detailed concerning behavior by Clouse, including engaging in a secret relationship with a subordinate and accepting money and gifts from him without paying him back.
The censure resolution is a formality intended to officially record the board's disapproval of Clouse's conduct. The board has no authority to remove Clouse because she is an independently elected official.
"We cannot remove an elected individual that's been elected by the people," Commissioner Gary Edwards said before the vote. "That's up to the voters of this county, so I think this is a compromise reached with our attorneys."
After approving the censure resolution, the board unanimously voted to reinstate Clouse to her appointments on regional boards and commissions, bringing an end to her months-long suspension that began on Aug. 13.
Clouse participated in the vote to reinstate herself.
What does the resolution say?
The resolution says Clouse is held to principles of ethical governance, transparency, accountability and professionalism.
"Following a thorough investigation into Commissioner Clouse's conduct, the board has determined that her actions have violated these principles and compromised public trust," Commissioner Tye Menser read aloud from the resolution.
If Clouse had been a regular county employee, her actions would "warrant disciplinary action, up to and including termination," the resolution states.
"These actions have jeopardized the county's integrity, damaged its reputation and diminished public confidence in its leadership," Menser read aloud.
Like the board's previous statement, the resolution also references "deliberate deceptive behavior" by Clouse.
"Commissioner Clouse's deliberate deceptive behavior created confusion within the board, Thurston County organization and public," Commissioner Carolina Mejia read aloud.
As a result, the board is "respectfully but firmly" requesting Clouse to take all appropriate actions to hold herself accountable and enable the county to move forward, according to the resolution.
Additionally, the board is requesting Clouse pledge herself to professional development and to use "responsible hiring practices" to prevent any conflicts of interest before hiring a new aide.
What else did the commissioners have to say?
Before the vote, Menser said he believes the resolution appropriately speaks to the findings of the investigation.
"I do lean heavily on the investigative findings of that report," Menser said. "I would encourage the public to look at that as a kind of summary of what did and did not occur."
The county contracted Robin L. Nielsen, a Seattle-based workplace investigator and consultant, to prepare the report, which primarily looks at the legal liability the county faces. She made determinations on several claims on a "more likely than not" basis.
Menser said he pushes back against the notion that the investigation was somehow tainted to protect the county. He said that "absolutely did not happen."
"The commissioners wanted to know what happened and we asked for an impartial, thorough investigation," Menser said. "Back when we got results back, we asked to expand the scope and look into additional areas that we thought need further information."
Edward Earl Younglove III, the attorney representing Clouse's former aide, previously told The Olympian the report was incomplete and did not appropriately reflect the facts of the situation.
"It may seem cynical to say that these investigations are frequently done to basically provide cover for the employer, but I think that is often true." Younglove said.
Fournier called the situation difficult, but said he believes the county has done a good job in ensuring "fair play."
"To me, when you're faced with any type of situation like this, that's what you do, you ask for a third-party investigation," Fournier said. "Anybody that says differently, I would ask, what would you have us do?"
Some public commenters have accused the board of treating Clouse unfairly because the county did not respond similarly to past accusations of misconduct. To that, Fournier said, "I do not care what was done in the past."
He said historical inaction is no excuse for complacency now, and he didn't want to be limited by the past. He added accountability applies "top to bottom."
Clouse responded to the resolution and her reinstatement at the end of the meeting. She said she is happy to move on from this matter and she is happy to be reinstated.
"With that said, I have taken accountability for the relationship and I disagree with the conclusions the board has reached as I believe they do not align with the findings of the investigation," Clouse said.
For example, she said board's statement about "deliberate deceptive behavior" was "inflammatory, misleading and disproportionate to the findings of the investigation."
"My decision to be in a relationship with someone in the office was a lapse in judgment but it was not rooted in deceit," Clouse said.
She said she has already committed herself to professionalism by continuing to perform her duties to the best of her ability. She said she had more to say in an official statement posted to her Facebook page on Monday.
The aide's attorney responds to Clouse
In her Monday statement, Clouse said she regrets her actions this year and pledged herself to being more professional.
"While the findings confirm that the allegations against me were largely unsubstantiated, I deeply regret my decision to be in a personal relationship with a County employee that started the investigation and affected our community," Clouse wrote.
Clouse also commented on her former aide who is now suing the county for sexual harassment, retaliation and suppression.
"During their employment, there were repeated issues with their unprofessional behavior, such as leaving work without notice, no-call and no-show absences and increasingly aggressive communications that I perceived as threatening," she wrote.
Allyn Hershey, Clouse's former aide, spoke with The Olympian last week. He defended his reputation and said Clouse pressured him into an unwelcome relationship.
Younglove, Hershey's attorney, responded to Clouse's statement on Wednesday. He said Hershey disputes her characterization of the findings and they have evidence that contradicts her claims.
"I don't have any doubt that Commissioner Clouse is remorseful her conduct came to light," Younglove said. "I don't think she has shown any remorse for the situation that her conduct put Allyn (Hershey) in or the harm that caused him."
Younglove said Hershey intends to follow through with his lawsuit.
"This dispute is going to get resolved where it belongs, in court by a jury," he said.
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