Thurston County commission denies legal representation for Emily Clouse in recall appeal
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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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The Thurston County board of commissioners could not agree Wednesday to provide Emily Clouse with representation in her recall case.
Clouse asked her seatmates to allow the Prosecuting Attorney’s Office to represent her in the recall attempt that’s now on appeal.
The commission was split 2-2 on the matter, so Clouse’s request was denied. Clouse recused herself from the vote.
Commissioners Wayne Fournier and Carolina Mejia did not support Clouse’s request on Wednesday. Commissioner Tye Menser and Rachel Grant voted in support of Clouse’s request.
This is the second time Clouse has been denied county representation in her recall case. Arthur West, an Olympia resident and open government advocate, filed a petition Dec. 12 to recall Clouse, citing her conduct with an executive aide that resulted in her seatmates censuring her.
A Superior Court judge denied the recall petition on Jan. 13 and West has since appealed to the Washington State Supreme Court.
“While I’m disappointed by the outcome, I respectfully recognize that Commissioners Fournier and Mejia are holding to the same position they took last year,” Clouse said when asked to comment.
Prosecuting Attorney Jon Tunheim told the commissioners he was prepared to consent to representing Clouse, but he also needed direction from the commissioners to go forward.
“My personal feeling is we have the capacity to do this,” Tunheim said. “We have the ability to do it because it is a limited project…”
Tunheim said the project would have involved preparing a brief and perhaps a oral argument for the state Supreme Court. He said he did not need any additional money in his budget to carry out the work.
Clouse obtained her own representation when the recall petition was first brought in Thurston County Superior Court. Visiting Judge Jennifer A. Forbes of Kitsap County Superior Court ultimately denied the petition after determining the charges against Clouse were insufficient.
At the time, Tunheim was barred from helping Clouse. However, he said he personally believed West’s petition did not provide a sufficient basis for the recall process to move forward.
Now that West has appealed to the Supreme Court, Tunheim said the case is in a “different posture.” This time, he said the county would defend Clouse and Judge Forbes’ decision.
“That, to me, seemed to be enough of a difference that it was worth coming back and having you all talk about whether you would be comfortable with us moving forward,” Tunheim told the commissioners.
Commissioners respond to Clouse’s request
Mejia said she was surprised to hear from Tunheim that his civil team has capacity to do this work given ongoing budget constraints. She ultimately said she was not inclined to support Clouse’s request.
“I cannot bring myself to vote for this additional expenditure at this time,” Mejia said. “For me, I’ll be remaining consistent with my previous vote not to cover that.”
Mejia said she supported having the county defend Menser in a previous recall attempt because the conduct in question fell within Menser’s official job duties. In the case of Clouse, Mejia said she believed Clouse’s conduct did not fit within her duties.
Fournier read aloud a lengthy prepared statement during the Wednesday hearing. He reminded his seatmates of the events that led to the recall and how the county agreed to pay $300,000 to Clouse’s former executive aide in a settlement.
“That figure does not account for the time lost, the reputational damage to the county or the erosion of public trust that resulted,” Fournier said.
He said the fundamental facts of the matter had not changed and neither had his rationale for previously denying Clouse representation.
“This appeal is still rooted in the same personal conduct, and therefore, in my view, it is inappropriate to now ask taxpayers to pay for the defense,” Fournier said.
He acknowledged that Clouse has shown effort in recent months to better understand workplace ethics and has demonstrated professionalism in a structured hiring process for a new executive aide.
Still, he called on his seatmates to remain consistent and accountable.
“Let me be clear, this is not punitive,” Fournier said. “It is principled. The public has already paid too high a price for these mistakes.”
Menser supported Clouse’s request, saying he believed the question before his seatmates Wednesday represented a different situation.
“It’s hard to separate out the context, but this is a different context,” Menser said. “This is a context where a citizen took something that was bad, that we all disapproved of, but tried to exploit it in an inappropriate legal context.”
In December, Menser voted to censure Clouse and against denying representation to Clouse.
At the time, Menser and Clouse said they wanted to hear from the Prosecuting Attorney’s Office before a decision was made. Former Commissioner Gary Edwards joined Fournier and Mejia in denying Clouse’s initial request.
Grant, who joined the county commission this year, said she supported providing representation to Clouse on the basis of “equity and fairness.”
“If we’re going to offer legal support to some, I think we need to offer it to all when it comes to recall efforts,” Grant said.
She agreed with Menser and said she felt Clouse was not responsible for West continuing to appeal this matter.
“It’s not Emily’s fault if she already went to court, already defended herself, already won,” Grant said.
Clouse says she’s hired a new executive aide
Clouse told The Olympian she’s selected a candidate to be her executive aide and she expects them to begin their duties in May.
The selection process followed a two-panel structure approved by the county commission, she said. The process included participation from county management and executive aides, she added.
Clouse said the county Human Resources department shared a video on implicit bias with all panelists in preparation for interviews. She said she appreciated this practice but believed building equity into systems takes more than checking a box.
“It was meaningful to participate in a process like this as an elected official, since we don’t typically go through traditional hiring panels, and I’m hopeful it sparks continued collaboration around how we grow our shared commitment to equity in practice,” Clouse said.
Clouse said the past year has been challenging for everyone on the board in different ways. Though they aren’t fully aligned, she said she believes they are making progress.
“I remain committed to moving forward in a way that centers transparency, fiscal responsibility, and the public’s trust,” Clouse said. “Even when we disagree, I take seriously my role in helping rebuild a culture of accountability and respect — not just for the institution, but for the people we serve.
“I’m grateful for those who’ve supported me, and I’m equally committed to earning that support every day.”
This story was originally published May 1, 2025 at 1:56 PM.
