An investigative report released Tuesday shows some Whatcom County employees view the county’s handling of an investigation into allegations of sexual harassment by former county manager Jon Hutchings as “a systemic failure of process.”
The former Public Works Director was at the center of a county probe and $225,000 settlement paid in November 2023 to a female employee who alleged a pattern of harassment from Hutchings for more than two years. Internal records revealed multiple women had accused him of inappropriate conduct.
The report was released after nearly five months of interviews with county employees and research conducted by a committee made up of three county council members. The council discussed the report during the regular meeting Tuesday afternoon, Sept. 24.
The six-page report lists a number of complaints, including “that some leaders, in the face of serious claims about harassment, made themselves appear overly concerned with and responsive to Dr. Hutchings and seemingly unconcerned with those employees who may be suffering in the workplace.”
The 14 employees interviewed also detailed allegations that Hutchings’ behavior in the workplace was an “open secret,” possibly known to some in Human Resources and the Executive’s Office amid a yearlong lag in getting a meaningful response to the concerns of the woman who brought the allegations against Hutchings. Hutchings resigned in October 2022 and now works as the public works director in Lynden.
The county’s HR department was heavily criticized in the findings, from the perception of the office door often being locked, to a lack of trust in the department for effectively handling sensitive matters.
Staff and county leaders who were interviewed were skeptical about the efficacy of HR employee harassment training, with some referring to it as “a joke,” the report states. Interviewees also said more “humanity” is needed at HR, with some noting the department seemed more concerned with avoiding risk than helping employees.
The report stated those interviewed from the HR department cited some concerns, but did not see the investigation as a systemic failure, “but rather a unique, one-time event.”
To avoid a repeat of what happened during the Hutchings investigation, the council members are requesting the county hire an outside consultant to evaluate Whatcom County’s workplace harassment policies.
They are also requesting the council revise a section of county code to specify that all settlements over $25,000 require council approval and public disclosure, whether or not the payment comes through the risk pool.
The Whatcom County Democrats Executive Board sent a letter to the council weeks ago asserting county code was already explicitly clear about disclosure of settlements.
“We hope the County Council’s report will explicitly document that disclosure laws, as well as procedures, were broken, explore why this happened and by whom,” stated the board’s letter, which was adopted unanimously on Sept. 10.
Whatcom Democrats Chair Andrew Reding said Wednesday, Sept. 25 that did not happen in the report and he hopes the council as a whole will still pursue it. “Such as acknowledgment is necessary to assure employees and the public that the county is decisively recommitting to accountability and compliance with the law moving forward.”
First hearing about the settlement
Whatcom County Council first heard about the settlement in April, prompting the formation of an investigative committee made up of council members Barry Buchanan, Ben Elenbaas and Todd Donovan. The three were tasked with interviewing multiple county employees to elevate concerns that could ensure that “going forward, County employees feel confident and secure in their workplace,” according to the report.
All interviews were conducted in person which was part of the reason behind the delay in the investigation, the report says. The Whatcom County Democrats Executive Board sent an open letter to the County Council and the public on Sept. 13, criticizing the delay.
Buchanan, Elenbaas and Donovan apologized for the delay in the investigation’s work in a memo shared to county council on Tuesday along with the report.
“Scheduling three councilmembers and an interviewee during the summer months proved to be very challenging,” according to the memo. “We wanted our process to be thorough and the focus to be on our employees.”
The county council previously noted that the report was not fact-checked, but is simply a consolidation of findings based on the interviews conducted.
The report made it clear that the committee’s scope also did not include investigating the veracity of the allegations against Hutchings or identifying the responsibility of County Executive Satpal Sidhu with regard to how the allegations were handled.
Investigation showed employees ‘pushed back’ against letter
The request for opening a formal county investigation stemmed from an April story by Cascade PBS revealing allegations from female employees against Hutchings, and the settlement paid to one worker. Cascadia Daily News reported county council members were unaware of the allegations or settlement, and Hutchings had been allowed to quietly resign.
As a result, county leaders faced a 10-day firestorm of statements, rebuttals and official actions as they grappled with calls for change and more transparency. Eighty-seven county employees submitted a formal letter to the county, requesting prompt and transparent actions on the issue.
It was later revealed by CDN that county administrators helped Hutchings secure a new position with a glowing “letter of introduction” to the City of Lynden.
The letter was largely authored by Hutchings, with help from then-County Deputy Executive Tyler Schroeder. In the council’s investigation report, multiple people who advised Sidhu or HR said they “pushed back” against the letter.
Hutchings requested the letter during the separation agreement discussion in November 2022 and that request was rejected by Summit Law, who was representing the county at the time, according to the report. Hutchings asked for the letter again in January 2023 and a draft was taken to Sidhu, who signed it.
Sidhu came under fire from the Whatcom County Democrats Executive Board for initially defending his role in the county’s decisions. He later apologized for signing off on the recommendation letter calling it “an error in judgment.” Senior deputy prosecutor George Roche, who signed off on the payment to the employee, also came under fire.
On the afternoon of Sept. 24, the executive sent an email to all county employees. Sidhu told staff it had been a “valuable learning experience” for him and that he was committed to cooperating with the county council and outside consultant to implement the recommendations from the council.
“I assure you that we all want to see a culture of wellbeing and respect, an environment where each employee can thrive in their role at the County,” Sidhu wrote.
When asked Wednesday, Sept. 25 if the county was considering any personnel changes in the HR department, Sidhu said he had confidence in the capabilities of the HR leadership and looks forward to working together to improving reporting protocols, modernizing policies and creating a healthy organization.
“The Council’s report was not intended to find facts, assign blame or establish fault,” Sidhu said in an email. “I find this question upsetting, because the HR leadership did not have any knowledge about the situation prior to October 2022, nor did my leadership team. We need to provide our HR department and other departments the resources needed to function to keep up with pressing organizational and community demands.”
This story was updated at 4:30 p.m. on Sept. 24, and at 6:10 p.m. on Sept. 25 to include Executive Sidhu’s comments. It was updated at 12:50 p.m. on Sept 26 with information from the Whatcom County Democrats Executive Board.
Reporters Julia Tellman and Isaac Stone Simonelli contributed to this story.
Annie Todd is CDN’s criminal justice/enterprise reporter; reach her at annietodd@cascadiadaily.com; 360-922-3090 ext. 130.
