County report on harassment allegations points to failings of executive, HR, prosecutors

A report from a special Whatcom County Council committee cites failings of the county’s Human Resources Department and the County Executive’s and Prosecuting Attorney’s offices for their roles in a sexual harassment probe that led to the ouster of Jon Hutchings as director of the Public Works Department and a $225,000 payment to the unnamed victim.

In a six-page summary of their three-month fact-finding mission, County Council members Ben Elenbaas, Todd Donovan and Barry Buchanan said several county employees lacked trust in the Human Resources Department regarding allegations against Hutchings, who was allowed to resign in lieu of dismissal in October 2022.

“These are the concerns that we heard from various people at different levels of staffing,” Donovan said as County Council members discussed the report for the first time Tuesday afternoon.

Elenbaas said that the three committee members “tried not to be a judge” as they compiled their findings and instead presented the differing perspectives of the people they interviewed.

“Everyone’s experience was their own. There are conflicting experiences. That’s what we focused on, how to move forward and do better,” Elenbaas said.

The report published Tuesday calls for:

▪ Hiring an outside consultant to evaluate Whatcom County policies and procedures related to preventing workplace harassment.

▪ Changing county code to require County Council notice about cash payments in such instances.

Only three County Council members participated in the report to avoid quorum issues and ensure the secrecy of testimony from 14 county employees who were interviewed.

Buchanan said several of the people who the panel interviewed “were very vulnerable” and “I have great appreciation that people shared so openly and willingly.”

County Executive Satpal Sidhu told the council that his office “will fully cooperate” with council action.

The incident involving Hutchings came to light in an April 19 report published by the nonprofit newsroom Cascade PBS.

In addition, an unnamed Whatcom County employee was paid $225,000 to settle her harassment claim, according to the report. Neither issue came before the County Council, according to a discussion during the council’s April 23 meeting.

Elenbaas, Donovan and Buchanan formed an investigative committee to review “employment law decisions” discussed at the council’s April 30 meeting.

“Our goal is not to cast blame or find fault, but to identify concerns that might be addressed in order ensure that, going forward, county employees feel confident and secure in their workplace,” the council members said in their report.

Hutchings is now director of the Public Works Department in Lynden. His separation agreement from Whatcom County included a letter of recommendation from Sidhu.

Sidhu later apologized for that move but turned away calls for his own resignation.