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Parties still dispute retaliation, tampering allegations from $70,000 county settlement

Posted on May 27, 2019May 27, 2019 by Jacob Jones

Following the county’s recent $70,000 settlement over a workplace discrimination lawsuit, the former employee who filed suit contends “frustration and fear” drove her from a job she loved while officials dispute any wrongdoing.

Christine Mikalson, who spent 23 years at the Whitman County Auditor’s Office, filed a federal lawsuit against the county and then-Auditor Eunice Coker in May 2018, alleging family medical leave violations, discrimination and retaliation. The county agreed to pay Mikalson $70,000 in March and a judge dismissed the case last month.

Whitman County Watch contacted Mikalson and Coker after the settlement to ask about the allegations and outcome. Coker agreed to an interview. Mikalson sent a written statement via email.

Coker

Mikalson alleged Coker mismanaged the office and harassed her about taking time off to seek medical care for her two adult daughters. Mikalson reportedly filed complaints with the county, her union, Washington Labor and Industries, and the Equal Employment Opportunity Commission before moving forward with a lawsuit.

“I just couldn’t bear it any more,” she wrote. “The years and years of criticism, cruelty, and vilification became unbearable. My health declined. … In the end, I was filled with frustration and fear.”

Coker, who left office in December, said she never harassed or belittled Mikalson and often provided her accommodations for leave over the years — many times resulting in last-minute closures of the the county’s licensing office.

“Everything I did or tried to do took into consideration policy,” Coker said, later adding, “I’ve done nothing wrong. It’s over.”

Coker noted previous investigations into complaints from Mikalson found no evidence of improper conduct. Whitman County Watch obtained copies of EEOC complaint dismissals from 2015 and 2018 that closed without findings of wrongdoing.

“Based upon its investigation, the EEOC is unable to conclude that the information obtained establishes violations of the statutes,” both dismissals state. “This does not certify that the respondent is in compliance with the statutes.”

Mikalson recounted she first raised concerns following the 2004 election, writing that she “witnessed events regarding the handling of ballots in the Whitman County auditor’s office that seemed to me to fall short of our highest ethical standards.”

In her lawsuit complaint, Mikalson accused Coker of “partisan efforts to alter the outcome of statewide elections including the Gregoire-Rossi recount.” Read the county’s initial lawsuit response here.

“I felt I had no choice but to ‘blow the whistle,’” she wrote. “From that point forward, my working life became unbearable.”

Mikalson did not offer details on her allegations of ballot mishandling. Coker disputed the accusations, noting that voting procedures provide many safeguards against tampering such as election observers and tracking slips.

The Gregoire-Rossi race resulted in two recounts, resulting in a reported total shift of nine ballots in Whitman County. The Seattle Times noted at the time Whitman was one of two counties that did not contact absentee voters with signature issues.

The Secretary of State’s office later conducted an election process review of the county in 2007 and outlined several potential areas for improvement, including increased ballot security and proper signature reconciliation.

“I tried to be a guardian,” Mikalson wrote. “I was always happy to be a true public servant.”

As she continued to seek treatment for her daughters, Mikalson said, she faced increasing pushback from the county on her medical leave requests. She accused Coker of calling her a “liar” and demanding proof of the family’s health issues.

“It’s important to know I did not file this lawsuit in a quest for wealth,” she wrote. “My goal was never money. I had hope for change. Hope that I would receive an apology or at least an admission of wrong doing after years of abuse.”

Parties met with a mediator in late March and agreed to the $70,000 settlement. An order dismissed the claims with prejudice on April 24.

“Going to court would have been millions [of dollars] win or lose,” Coker said. “Settling was in the best interest of the county and myself.”

County Commissioner Michael Largent stated via email: “[H]ad this case gone to court the legal team representing us in this case (our liability insurance carrier) would have disputed much if not all of the assertions made by Mikalson. …  Anybody with any experience in matters such as this would immediately recognize that lawsuits frequently throw much against the wall and see what will stick even if there isn’t a reasonable expectation of proving a particular point to a jury.”

Mikalson stated she received about $35,000 out of the final settlement. She wrote she plans to spend the money on seeking specialized treatment for her daughters in Seattle. She stated she settled to avoid the potential misery of a trial.

“I was tired, weary, and worn out and so were my children,” she wrote. “If I had been given a choice, I never would have chosen to suffer through what my family and I endured for that amount of money.”

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This is a journalistic experiment in public transparency — intended to expand access to information on government policies and practices through the use of reporting, records and community dialogue. Stories will be limited going forward as I focus on a new full-time investigative position at Crosscut. You can reach me there.

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