County sexual harassment update: HR policy review, request for independent review of apparent violations

Whatcom County Council hired Matrix Consulting Group on February 25 to review the county’s human resource policies and procedures. This action comes nearly a year after a Cascade PBS investigation revealed that county officials had paid $225,000 to settle sexual harassment claims against former public works director Jon Hutchings in November 2023 without informing the council.

The 7-0 decision to hire the consulting firm for $76,500 follows a fiery resolution from the Whatcom County Charter Review Commission, published on February 20, asking the council to seek an independent legal review of the apparent county charter and code violations related to the payout. The charter review commission unanimously approved the resolution during its February 27 meeting.

In the resolution, the 15-member commission brought up the importance of a separation of powers in branches of the county government. It asserted that the executive branch may have overstepped its power and denied the council a chance to check the executive branch by setting the sexual harassment payout to just below the $250,000 threshold for council notification.

“It is a fundamental legal standard to adhere to the principle of ‘out of abundance of caution’ to ensure that actions are transparent and fully accountable,” the resolution stated. “This would mean informing the council ahead of the settlement payout, with an explanation of the county prosecuting attorney’s office argument for not needing council approval.”

The commission also brought up that the decision on the sexual harassment payouts was made just days before the general election where Whatcom County Executive Satpal Sidhu was seeking reelection. It also questioned the possible conflict of interest by the county prosecuting attorney being counsel to both the county executive and the county council.

In May 2024, the county council created an investigative subcommittee comprised of council members Todd Donovan, Barry Buchanan and Ben Elenbaas. In September, the trio released a report outlining a major breach in trust between county employees and leadership due to the payout. Employees reported that sexual harassment by Hutchings was “an open secret” and they believed county HR and sexual harassment training to be inadequate. 

Matrix will review HR policies relating to sexual harassment, collect data from county employees, review sexual harassment and HR training guidelines, and issue a final report with recommendations to the county. 

Matrix estimated a four-month timeline for the project, meaning a final report would likely be issued this summer. The contract is set to end on August 31, 2025.

The next charter review commission meeting will be held 6-9 p.m. Thursday, March 13 on Zoom and at the Blaine Public Library, 610 3rd Street. The commission will review the executive branch section of the Whatcom County Charter during the meeting. For more information, visit bit.ly/43oV2o0.