Thurston County voter files to recall Commissioner Emily Clouse after board censure
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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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A petition to recall Commissioner Emily Clouse has been filed with the Thurston County Auditor.
Arthur West, an Olympia resident and open government advocate, filed the recall petition on Dec. 12, according to a copy of the petition.
“Thurston County Commissioner Emily Clouse is subject to a recall,” the petition states. “She has committed an act of malfeasance, misfeasance or violation of oath of office.”
The petition is the latest development in the fallout from a workplace investigation into Clouse and her relationship with an executive aide this year. Clouse’s seatmates unanimously voted to censure her on Dec. 11. In doing so, they expressed a “loss of confidence in her judgment and leadership,” and requested she hold herself accountable.
The censure resolution echoed a public statement the board released along with a redacted version of the investigation report.
“It is important to note that the described conduct in the investigative report would result in the termination of any regular County employee, however as an independently elected official this is not within the legal authority of the board,” the statement reads.
It will ultimately be up to the voters to decide whether to keep or remove Clouse, either when her term ends or earlier, in the case of a recall. The Olympian has asked Clouse and her attorney for comment.
West told The Olympian his petition has nothing to do with Clouse’s politics or gender. He said he believes there should not be double standard between county employees and elected commissioners.
“If it’s sufficient for a county employee to be fired, it should be equally sufficient for commissioners,” West said.
The Auditor’s Office has received just the one petition to recall Clouse, spokesperson Emmett O’Connell said in response to questions from The Olympian. West’s petition has been forwarded to the county’s Prosecuting Attorney’s Office, he added.
Board denies Clouse legal representation
On Tuesday, the board voted 3-2 to deny providing Clouse with legal representation from the county’s PAO for the recall proceedings.
That means Clouse has to figure out on her own how to defend herself from the recall effort.
Commissioners Wayne Fournier, Carolina Mejia and Gary Edwards voted to deny representation. All of them said they do not support paying her legal fees.
“I’m voting on this purely from a financial standpoint perspective,” Mejia said. “For me, I just do not believe we should keep expending for this. I am just not comfortable at this time to extend any more funds.”
Edwards, who is retiring at the end of the year, said he believes Clouse’s conduct fell outside the scope of her official duties. He also addressed Clouse directly.
“I would just say there is one solution and that is if you were to resign from office, all this goes away, except we’re still stuck with the legal ramifications that you brought on us through this inappropriate action,” Edwards said, referring to a lawsuit brought by Clouse’s aide.
Commissioners Tye Menser and Emily Clouse voted against the denial, saying they wanted to hear from the Prosecuting Attorney’s Office first.
“I would vote no, only on the basis of wanting to have that conversation with counsel first,” Clouse said.
What happens next?
State law indicates the county’s PAO must prepare a ballot synopsis to present to a Superior Court judge.
That judge must then rule on whether the charges in the petition and ballot synopsis are sufficient to allow a recall petition. The judge would not rule on whether the charges are true, according to state law.
If he’s allowed to continue, West will have 180 days to file a petition with the minimum required signatures, per state law. In this case, that would be “25% of the total number of votes cast for all candidates” for the office to which Clouse was elected at the “preceding election.”
Thurston County’s election archive shows 73,996 votes were cast in the 2023 race for County Commissioner District 5, so 18,499 signatures would be required.
West uses the investigation report, an internal Human Resources memorandum and Clouse’s censure to justify his petition.
He specifically accuses Clouse of malfeasance, misfeasance or violation of oath of office. Misfeasance or malfeasance in office means “any wrongful conduct that affects, interrupts or interferes with the performance of official duty,” according to state law.
Additionally, state law indicates misfeasance means the performance of a duty in an improper manner and malfeasance means the commission of an unlawful act.
Lastly, “violation of oath of office” refers to the “neglect or knowing failure of an elective public officer to perform faithfully a duty imposed by law,” per state law.
Thurston County contracted Robin L. Nielsen, a Seattle-based workplace investigator and consultant, to investigate Clouse and prepare the report.
Nielsen largely cleared Clouse, and by extension the county, of sexual harassment and retaliation claims on a “more likely than not basis.” Yet, she also found Clouse likely acted against the best interests of the county and fell short of professional expectation.
Allyn Hershey, Clouse’s former aide, told The Olympian Clouse pressured him into an unwelcome relationship and he disputed the findings of Nielsen’s report.
Edward Earl Younglove III, Hershey’s attorney, previously said Nielsen’s report was incomplete and did not accurately reflect the facts of the situation.
He added that Hershey intends to continue with an employment lawsuit against the county.
This story was originally published December 17, 2024 at 10:35 AM.
