Former Whatcom County Council member Kathy Kershner confirmed this week that she wrote a glowing letter of reference for a former county public works director accused of sexual harassment and retaliation.
Kershner’s confirmation, and subsequent defense, of a letter for Jon Hutchings came amid further revelations that a similar letter signed by County Executive Satpal Sidhu was largely authored by Hutchings, with help from Deputy Executive Tyler Schroeder.
The recommendation letter by Kershner is the second on Whatcom County letterhead staunchly endorsing Hutchings as he sought work after resigning in late 2022. He stepped down voluntarily following allegations of creating a hostile work environment, sexually harassing employees and retaliating against a woman who reported his actions to Human Resources. The county paid $225,000 to settle the case for its handling of the situation in 2023.
“Jon led the department with thoughtfulness, grace, and uncompromising integrity,” Kershner wrote in the letter. “… To anyone considering partnering with this remarkable man, he has earned my highest endorsement, you will not be disappointed,” she continued, adding and underlining that Hutchings is “the best of the best.”
The latest details of the two letters come during scrutiny about county accountability and oversight, with current council members unanimously voting on Tuesday, April 30 to investigate the administration’s handling of the allegations against Hutchings.
Kershner’s support
Kershner, a prominent Whatcom conservative whose candidacies have been endorsed by the Republican Party, defended her choice to recommend Hutchings to employers in her official capacity as county council member at the time. She explained in a written statement to Cascadia Daily News on Thursday, May 2, that she has known Hutchings for 14 years and, as the chair of the council’s Public Works Committee, worked with him to ensure county priorities were met.
“I had positive experiences working with Jon and with the Public Works Department under his leadership,” Kershner said in an email to CDN Thursday. “[He] has earned the respect of many in our community and continues to do good work for the public’s benefit.”
When asked if an alleged romantic relationship with Hutchings began before or after writing the letter, Kershner declined to comment.
“I will not be discussing my personal life with any news outlet,” Kershner told CDN in a statement.
Hutchings, in a phone interview, also declined to address details of their relationship, saying “I don’t think I’m gonna get into that.”
County policy does not preclude relationships between council members and county employees outside of the council office, county spokesperson Jed Holmes said. However, the county code does require council members to hold themselves fully accountable to the highest ethical, professional and legal standards while holding office, the policy states.
They are not allowed to “knowingly participate in the decision-making process on any issue in which the official has a private interest,” according to the policy. In such cases, the council member is required to abstain from “voting prior to the beginning of any discussion or deliberation on the issue.”
Kershner also declined to answer whether or not she was aware of the reasons for Hutching’s departure. He was put on administrative leave in the fall of 2022, resigning in early November before an outside investigation into the allegations.
“I have read all the documents made available publicly, including the results of the Name Clearing Hearing conducted by the county finding insufficient evidence to find that Mr. Hutchings engaged in behavior that violated the county’s harassment policy,” Kershner wrote in the statement.
After receiving multiple public record requests in 2023 targeting material related to the employees’ allegations, the county invited Hutchings to participate in the “Name Clearing Hearing.”
Hutchings’ comments in the Jan. 31 hearing were later described in an email from the county to him as “impactful,” “meaningful” and “emotional.” His comments were found to be “mitigating,” though not entirely so. Based on the evidence presented, the county determined that he was in “some degree” of violation of its code of conduct. However, the email stated that there was not sufficient evidence to rise to the level of harassment.
Nonetheless, the county paid a $225,000 settlement to a female employee in November 2023.
Current council members and the public learned of the county’s handling of Hutchings’ resignation in a Cascade PBS investigative story published on April 19.
Kershner, a Navy veteran and two-term council member, was defeated by four percentage points in the November 2023 race for the seat in conservative District 4 by Mark Stremler, a former dairy farmer and road maintenance employee in the county’s Public Works Department.
Schroeder reveals role in letter signed by Sidhu
CDN learned this week from Deputy Executive Schroeder that Hutchings sent a pre-written letter to him in January 2023, asking him and/or Sidhu to sign it.
Schroeder acknowledged bringing the letter to Sidhu, saying that perhaps he shouldn’t have done so.
Together, they tweaked the wording before signing it, confirmed Schroeder, who was mentored by Hutchings during their time together with the county.
The language and praise in the letter went beyond what was outlined in the separation agreement with the county, which was required to include barebone facts, such as dates worked, title, job description and responsibilities.
“It’s clear to me in hindsight that that letter was a mistake,” Schroeder said. “I should have looked to support the people that were truly impacted by the inappropriate decisions and really acknowledge that the support should be for the employees and for the organization.”
Schroeder, who is leaving his position with the county to join the Port of Bellingham as the director of economic development, said that he planned to learn from the situation and re-establish trust within the community based on his own merits and actions moving forward.
The Whatcom Democrats Executive Board called for Sidhu’s resignation for the handling of the allegations and letter supporting Hutchings in his job hunt in a public statement on April 24.
Sidhu, who originally defended the letter, reversed course on April 29, saying that it was an “error in judgment.”
Formal investigation ahead
On Tuesday, county council members voted unanimously to launch a probe into the administration’s handling of allegations against Hutchings.
“The system needs to be looked at from stem to stern,” Chairman Barry Buchanan said ahead of the vote during the special meeting. The council repeatedly voiced frustration with the county prosecutor’s office and Sidhu for keeping them in the dark.
Council will select three members next week to form an investigative committee to determine the scope of the investigation and confirm its legal representation.
“We are interested in learning more because if we find that we have additional incidents and allegations that indicate a policy failure … that means we have to develop a response,” council member Jon Scanlon said on Thursday, noting the council’s role in policy creation for the county.
Scanlon said in the two weeks since news broke of the allegations and settlement, council members are hearing concerns from county employees at all levels within the government.
While the investigation’s scope is set to be defined by the committee, Scanlon suggested that it could include questions such as whether or not the county followed its own policies and practices, if there were individuals who did not follow policies, and if anyone manipulated the process.
“I don’t want us to rush this,” Scanlon said. “I want us to get it right.”
Due to an editing error, a portion of the story has been revised: Kathy Kershner said she did not confirm to CDN details of any romantic relationship. This story was updated to reflect this change on Thursday, May 9 at 6:10 p.m.
Isaac Stone Simonelli is CDN’s enterprise/investigations reporter; reach him at isaacsimonelli@cascadiadaily.com; 360-922-3090 ext. 127.
