'A precautionary step': Thurston County commissioners explain decision to suspend seatmate Clouse

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Thurston County Commissioner Wayne Fournier says he supported suspending his seatmate as a "precautionary step" during an ongoing investigation.

Fournier was one of three commissioners who voted Aug. 13 to temporarily replace Commissioner Emily Clouse with alternates on her appointed boards and commissions.

In a statement to The Olympian, Fournier said he voted in favor of the suspension to address "specific concerns" and ensure the Board of County Commissioners' operations continue to run smoothly.

"It is not necessarily a punitive action, but rather a precautionary step to maintain the integrity of the process," Fournier said. "We must take all allegations seriously and be swift in eliminating further risk and holding accountability as the utmost priority."

The county has refused to elaborate on the nature of the investigation into Clouse. Maia Robbins, Clouse's attorney, said on Thursday that her client is cooperating with an investigation into a "brief dating relationship" between Clouse and a "colleague at work."

Robbins called the decision to suspend Clouse a "regrettable exercise in overkill and not warranted by the actual circumstances of the relationship."

The Olympian has asked the county commissioners who voted to suspend Clouse to explain their decision.

Both Fournier and Commissioner Gary Edwards provided answers. Commissioner Carolina Mejia declined to comment on the matter until after the investigation is complete.

Edwards described the situation as a "quandary" and a "bummer" in a phone call with The Olympian. He said he chose to suspend Clouse because the county does not yet know all the facts surrounding some "pretty serious allegations."

"You got to think of what kind of scenarios could develop." Edwards said. "It's my job to protect the county from any litigation that might arise out of this incident, and so we want to mitigate that litigation that may arise."

Why did Commissioner Tye Menser sit this out?

Commissioner and Board Chair Tye Menser did not attend the Aug. 13 executive session based on "process-related advice" given to the board by the county's Prosecuting Attorney's Office, according to county spokesperson Meghan Porter.

Menser corroborated that statement in a conversation with The Olympian on Monday and explained his position further.

"Given that there's an investigation going, the Prosecuting Attorney's Office asked that we hold off on multiple executive sessions and I was trying to follow the advice of counsel on that," said Menser, who is himself an attorney.

As a result, vice-chair Fournier led the executive session. He said he understands Menser's concerns, but he still supported holding the session because he believed it was "necessary to address sensitive issues that required confidentiality."

"While I did not share those concerns publicly, I respect the importance of following proper procedures and ensuring transparency where possible," Fournier said.

He said commissioners are responsible for making sure workplace conduct meets "high ethical standards."

"Elected officials, due to their positions of power and influence, should be held to the highest ethical standards, often exceeding those applied to general county employees and the public," Fournier said.

"This is essential for maintaining public trust and ensuring that all individuals are treated fairly and equitably."

Edwards said there are "quite a few lawyers involved" and each board member has heard different information from different parties, he said.

"I don't know what Tye (Menser) was exposed to, but we just felt that it was a pretty serious situation. We wanted to bring an end to it as fast as possible, and we thought maybe this might be a better way to go, but I respect his position on it," Edwards said.

Menser clarified that he is not involved in the investigation. Though he supports the investigation, he said he does not support Clouse's suspension.

"I think it's premature," Menser said. "We don't know the facts at this juncture. We don't know enough of the facts to have made that type of a motion."



What else did Fournier and Edwards say?

Fournier commented on the situation in broad strokes. He said the process underway should balance the "need for confidentiality" with the principles of "openness and accountability."

"When an individual holds a position of authority, it can create an environment where individuals may feel compelled to tolerate inappropriate behavior due to fear of retaliation or career repercussions," Fournier said.

"We must take action to ensure all individuals feel safe and heard. This also creates a culture where fear of retaliation is reduced."

Edwards did not delve into the nature of the allegations, but did say they had to do with employees and interactions with Clouse.

"We're trying to cover all the bases, so it's not a he said, she said, type of situation," Edwards said.

With so many unknowns, Edwards said he wants to protect all parties involved from any unnecessary exposure. He's also concerned with limiting any potential expense for taxpayers.

"I have seen the county be exposed to liability that costs the taxpayers a lot of unnecessary money," Edwards said. "I don't think that's fair, that the taxpayers should get stuck by actions that took place having nothing to do with county government or how we do business or policy."

Going forward, Fournier said he will focus on fostering a "transparent and fair process" that follows established procedures and keeps all stakeholders informed.

"My goal is to support a process that is both effective and respectful of all involved parties, while working towards resolutions that benefit the commission and the community it serves," Fournier said.

"What I can promise is supporting due process, ensuring that both the accuser and the accused are given a fair opportunity to present their sides."

Fournier said he will work to review existing policies on "misconduct, retaliation and harassment" and see to it that those policies are "robust and up-to-date."

He said he will advocate for support resources for victims affected by misconduct and others involved. That may include counseling and legal advice, if warranted, he added.

What happens next?

The investigation into Clouse's relationship is being headed by Robin L. Nielsen, PLLC, a Seattle-based workplace investigator and consultant, according to Porter.

The Board decided to hire someone to conduct an investigation on July 30. The cost of the county's contract with Nielsen is not to exceed $10,000, Porter said.

The results of the investigation will be made public, Porter said, but it's unknown when it may conclude.

Once it does, Fournier said he's committed to taking "appropriate action" in accordance with the county's policies and legal requirements.

"This may involve disciplinary measures, training, or other corrective actions," Fournier said.

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