Former aide to Commissioner Clouse speaks out. Thurston County releases investigation report
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Commissioner Clouse investigation and fallout
Thurston County’s commission removed Emily Clouse from her appointed advisory boards and commissions on Aug. 13, 2024, after receiving a sexual harassment complaint from her executive aide.
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An outside investigator concluded Thurston County Commissioner Emily Clouse likely acted against the best interests of the county and fell short of professional expectations this year, according to a report released Friday.
However, the investigator also found Clouse likely did not sexually harass or retaliate against her executive aide as he has recently alleged in a lawsuit. The primary purpose of the report is to outline the amount of legal risk the county faces from the aide’s complaints.
The conclusions in the report largely seem to absolve the county of liability for sexual harassment and retaliation while also spotlighting concerning behavior by Clouse, which includes hiding a romantic and sexual relationship with her subordinate and accepting money and gifts from him without paying him back.
Allyn Hershey, Clouse’s former executive aide, criticized the report and defended his reputation in an interview with The Olympian. He said he’s speaking out now because he wants his story to be heard.
He also denied a sexual assault allegation that Clouse made against him during the investigation.
“I feel like the public deserves to know the true reality of this investigation and things that they’re leaving out,” Hershey said.
Hershey’s attorneys filed a lawsuit in Thurston County Superior Court on Nov. 27, two months after submitting a tort claim for damages to the county that asked for $750,000. The filing of the lawsuit came after parties were unable to reach a settlement during a 60-day waiting period required by state law.
Edward Earl Younglove III, Hershey’s attorney, said he is not surprised by the conclusions of a report paid for by the county.
“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.
Younglove said he felt the report was incomplete and did not appropriately reflect the facts of the situation.
The report’s release comes after months of controversy surrounding Clouse. She fired Hershey on July 29, about 30 minutes after he reported to the county’s Human Resources department that he was being harassed.
Three of Clouse’s seatmates voted to suspend her from some of her duties on Aug. 13 while Robin L. Nielsen, a Seattle-based workplace investigator and consultant, investigated her months-long relationship with Hershey.
Since then, Clouse has remained a voting member on the Board of County Commissioners, the body she was elected to, but she has been barred from representing the county on regional boards and committees she was appointed to.
Meanwhile, her former aide has been on administrative leave.
Maia Robbins, a Seattle-based attorney, has been representing Clouse throughout the investigation. She has called Hershey’s allegations fiction and characterized Clouse’s suspension as a political vendetta by her seatmates.
Robbins said Clouse has maintained she never sexually harassed or retaliated against Hershey. She said it’s “ridiculous” that the investigation and Clouse’s suspension have been drawn out for months.
“It’s a witch hunt to poke into other aspects of her private life and put them on display in an effort to keep her silenced,” Robbins said.
The Olympian reviewed a copy of the report as well as an executive summary sent to County Manager Leonard Hernandez by Human Resources Director Maria Aponte.
The county released a heavily redacted version of the report along with a statement from the Board of County Commissioners on its website after 5 p.m. Friday.
What led to the investigation?
The report includes a chronological narrative of the events leading up to Hershey’s firing and the subsequent investigation into his complaint.
Clouse hired Hershey on April 24, 2024. The report says Clouse likely engaged in a “consensual romantic/sexual relationship” with Hershey that lasted sometime from April to June 1. Hershey disagrees with this characterization.
“A lot of this was unwelcome, but I felt pressured into doing so because my entire job was to keep Emily (Clouse) happy.” Hershey told The Olympian.
The report notes they kissed for the first time at a political event in Olympia on March 29, weeks before he got a formal job offer on April 16.
Younglove said they are not disputing that the relationship started with consent. The key question for their lawsuit is whether it was unwelcome, he said.
“Oftentimes, it’s true that a relationship might start out as consensual, but when one of the parties, usually the subordinate, wants out of it, it becomes difficult or impossible for them if they want to keep their job,” Younglove said.
Additionally, Hershey said Clouse continued to ask him to go on dates and spend the night at her home past June 1. He provided screenshots of text messages to The Olympian, showing Clouse making those requests.
On July 22, Hershey texted Clouse to complain about a boring work event and indicated he might quit. Clouse responded by saying she would quit if he quit. Him quitting was one of her biggest fears, she said.
She referred to him as the “shadow commissioner” and the “best EA ever,” according to the report and text messages reviewed by The Olympian.
On July 24, someone put a bag of candy where Clouse was sitting in the commissioners meeting room. Her aide attempted to remove the candy before Clouse returned but some remained.
He then texted her something to the effect of “I got you on your candy addiction,” the report states. Clouse told the investigator she observed him laughing with other county staff and interpreted the message as her aide playing a practical joke on her, which “she considered disrespectful.”
Hershey told the investigator he intended the text message to mean “he had her back” and he became upset that Clouse assumed he did not support her. Hershey left work without telling Clouse, according to the report.
The report says Hershey told Clouse he felt free to leave work any time that she disrespected him in the future. Hershey denies he ever said that to Clouse.
Hershey was absent from work on July 25 without Clouse’s approval, according to the report. Clouse then spoke to Hernandez about Hershey’s conduct. She reportedly told Hernandez what Hershey said the day prior and called that a deal-breaker for her.
On July 26, Hershey called Clouse in the morning to remind her about a meeting but she responded abruptly, according to the report. Hershey did not go into the office that day either, nor did he get approval from Clouse, per the report.
Hershey told The Olympian he worked remotely on July 25 and 26, a Thursday and Friday, which was not unusual for his schedule.
Hershey called Clouse at about 2 p.m. July 26 to discuss the events on July 24. Clouse told Hershey she would talk with him at 8 a.m. July 29 and stated she was at the park with a family member and her partner.
Clouse told the investigator her aide became agitated and demanded to speak immediately because she was on-the-clock. She said she felt he was being disrespectful toward her.
Hershey then texted Clouse at about 2:43 p.m.
“I highly suggest that you don’t treat me that way. It’s incredible [sic] disrespectful and unprofessional as a supervisor,” the report says he texted.
Just before 3 p.m. Clouse told Hernandez Hershey had not cooled off and she was considering firing him. Hernandez told Clouse he would arrange to speak with Aponte in HR to review their options.
Hershey felt concerned Clouse intended to fire him during their July 29 appointment and consulted a friend who advised him to contact the county’s Human Resources Department.
Hershey spoke on the phone with an HR analyst at 3:38 p.m. During that call, he explained some of what transpired since July 26 and accused Clouse of borrowing $1,500 from him and sending him suggestive photos, according to the report.
Clouse, Aponte and Hernandez spoke on a three-way call at about 3:52 p.m. and Clouse shared her version of events from the past few days. However, she did not tell them about her previous romantic/sexual relationship with her aide.
Aponte emailed Clouse a termination letter addressed to Hershey at 4:33 p.m. July 26. Given his role, Hershey had access to Clouse’s email and saw the letter. One minute later, Hershey texted Clouse.
“HR has everything and I’m going to sue you,” he texted.
Clouse emailed Hershey the termination letter at 4:54 p.m. The Olympian reviewed a copy of the termination letter. The letter describes his job as an “at-will” position and offers no specific reason for his firing.
“I have determined that it is in the best interest of the county to terminate your employment effective immediately,” the letter says.
Four minutes after getting the termination letter, Hershey spoke with Aponte on the phone.
During that call, Hershey accused Clouse of sexual harassment, borrowing $1,500 from him two weeks before and making an offensive comment about Asian American and Pacific Islander Heritage Month.
He said he had evidence of his accusations and he felt worried Clouse would fire him on July 29. He said Clouse made rash decisions and he wanted to be “compensated differently,” according to the report.
Hernandez informed Clouse of Hershey’s complaints later that evening.
Hershey said he met with Hernandez and Aponte on July 29. He said Hernandez offered him three months of paid administrative leave with benefits.
Hershey said he refused and Hernandez offered 6 months of leave and benefits. He said Hernandez then asked him how much time of paid leave with benefits would it take for him to not go public with his accusations.
Hershey said he asked for 9 months’ leave and the two of them shook hands. On July 30, Hernandez brought the matter to the Board of County Commissioners and they decided to hire an outside investigator. That same day, Hershey received a new letter from Clouse where she withdrew his termination letter and informed him he would be on paid administrative leave.
The cost of the county’s contract with Robin L. Nielsen is not to exceed $10,000, The Olympian previously reported.
Hershey later heard from county officials that an investigation would proceed. Later that week, he started hearing through word of mouth that Clouse had accused him of sexual assault during an executive session with her seatmates.
He said that’s when he decided to get an attorney.
Younglove said Hershey has fully cooperated with the investigation and neither of them have leaked details or documents.
What does the report say about sexual harassment and retaliation?
The investigator concluded Clouse “more likely than not” did not violate the county’s internal discrimination policy or state law in the following ways.
She likely did not commit sexual harassment, either by engaging in quid pro quo harassment or creating a hostile work environment for the aide.
She likely did not subject Hershey to conduct that was offensive or intimidating to him because of his race.
She likely did not retaliate against Hershey when she fired him on July 26 because she did not know he filed a complaint prior to deciding to fire him.
The investigator also evaluated an allegation Clouse made against her aide that he sexually assaulted her on at least three occasions – a claim Hershey called completely false.
“I just find it weirdly convenient that the week that I meet with HR and the county manager to report sexual harassment and retaliation is the week she decided to bring up that I sexually assaulted her in executive session,” Hershey told The Olympian.
The executive summary does not discuss this point. A copy of the final report states the investigator determined it was more likely than not that the conduct Clouse described occurred at her residence while she was in a consensual relationship with the aide.
The report does not state whether the sexual assault allegations were determined to be false. In court documents, attorneys for Hershey said Clouse retracted her sexual assault complaint during the workplace investigation.
Younglove said the report dances around the sexual assault allegation.
“The report does not want to call it out as not true, but it’s actually just part of a retaliation,” Younglove said. “That damages Allyn’s reputation.”
County documents reviewed by The Olympian state Clouse alleged she was sexually assaulted. An investigation did not uncover any indication the assault occurred, per the documents, but it’s not stated how that claim was investigated or who conducted the investigation.
During a public meeting last month, Commissioner Wayne Fournier said he heard Clouse make “criminal allegations” and those allegations seemed to be “unsubstantiated.” However, Fournier did not elaborate on what those allegations were because they were discussed during a previous executive session.
What does the report say about Clouse’s professionalism?
The report says Clouse likely violated the county’s internal ethics and employee conduct policies.
The report indicates Clouse likely prioritized her personal interests over the interests of the county by engaging in a “romantic/sexual relationship” with Hershey while he was employed.
This created a risk that Hershey could “question any future adverse employment action by the county and allege discriminatory harassment,” according to the report.
Notably, the investigator found Clouse accepted $1,500 from her aide to buy a plane ticket to Japan on July 15. Hershey considered the payment a loan, but the report says Clouse never paid him back.
The report states Clouse’s acceptance of the money could “reasonably appear to be an inappropriate use of her position for personal gain or benefit.”
Additionally, the investigator noted that Hershey bought Clouse “gifts” on several occasions valued at less than $300, but those purchases likely occurred outside of work.
The report indicates Clouse failed to ensure that she immediately and consistently paid for all the coffee and food that she instructed her aide to purchase for her during workdays. This created opportunities for “real or perceived abuse of supervisory authority.”
Clouse represents the “highest position of policy level authority” in the county, according to the executive summary. As a leader and county representative, the summary says her actions set a precedent that could cause problems for the county and the work it does.
“The lack of professional boundaries, workplace decorum, sound judgment, and the application of ethical practices have created a compromising position for Commissioner Clouse and the County,” Aponte wrote in the summary.
“These actions have also subjected an employee to workplace conditions that are not tolerated in Thurston County. Thurston County does not condone the blurring of professional lines as represented in this situation.”
Clouse created a work environment of “unspoken obligation” by accepting gifts and money from the aide.
“Thurston County does not condone supervisors accepting gifts and borrowing money from their subordinates or others in the organization when there is a clear power dynamic,” Aponte wrote.
Additionally, the summary notes Clouse blurred the line between personal and county business. She did so by having Hershey drive her around, paint a room in her house and engage in a sexual relationship, according to the summary.
Aponte wrote that Clouse’s behavior and lack of transparency were “disappointing and troubling.” The investigator found Clouse did not disclose her past sexual relationship with Hershey when she discussed firing him with her and the county manager.
“Thurston County does not condone the omission of key information from supervisors and managers when deciding on employment matters,” Aponte wrote.
Aides speak out
Hershey said he chose to speak out after learning about “blatant inconsistencies and lies” in the report. He said he did not speak earlier because he wanted to respect the investigation and legal process.
“I hope the public understands that there’s a process to this,” Hershey said. “There’s a pending tort claim and now a lawsuit. My silence was necessary in order to abide by that process.”
Hershey said that process has had a significant impact on his mental health and well-being. He said he’s also faced harassment due the sexual assault allegation Clouse made against him.
“I’ve been destroyed mentally and physically,” Hershey said. “I haven’t been able to eat or sleep.”
Hershey previously worked in King County. He said he took the job as Clouse’s aide so he could take care of his seriously-ill mother full-time in Olympia.
“It’s the only reason why I came back to even take a job in Thurston County and now my mental health has been jeopardized because of how Emily has treated me,” he said.
Tracey Carlos served as Clouse’s executive aide before Hershey. She started in the position on Jan. 24, about two months after Clouse took office. She said Clouse fired her on April 12, just days before Hershey was formally offered the role. She said Clouse avoided her in the last month of her employment and their communication broke down.
Carlos said she did not personally experience the kind of behavior that Hershey alleged against Clouse, but she was “not surprised” to learn about it.
“She’s a very privileged person who thinks she can do what she wants,” Carlos said. “She’s horrible at her job and I don’t want to see her re-elected.”
Carlos said she felt shocked when she heard Clouse had made a sexual assault allegation against Hershey.
“Allyn (Hershey) is not a liar and I think Emily (Clouse) is,” Carlos said.
Robbins, Clouse’s attorney, said Carlos was terminated for cause due to “poor performance.”
“It’s unfortunate that she is now trying to insert herself into matters that have nothing to do with her,” Robbins said. “And it’s especially unfortunate that she would endorse the harmful trope that victims of sexual assault who finally gather the courage to come forward are liars.”
Taking local legal action
Younglove said Hershey is suing the county rather than Clouse because employment discrimination law imposes the primary duty on the employer to prevent sexual harassment, discrimination and retaliation.
He added they chose to sue in Thurston County Superior Court rather than elsewhere.
“We could have brought it in federal court or one of the adjoining counties,” Younglove said. “We decided to bring this lawsuit in Thurston County because we have faith in the citizens of Thurston County to hold their county government accountable.”
Hershey said he’s seen some of the public support Clouse has received at board meetings and he wants the public to know the truth.
“I don’t think that anyone who is publicly going around lying about sexual assault should represent our county in any capacity, let alone any boards or commissions,” Hershey said.
“I hope the public looks at the truth of who Emily (Clouse) is as a human being, rather than just her policies, and makes a decision for themselves on whether or not she deserves to be in office.”
This story was originally published December 6, 2024 at 5:16 PM.
