Wash. Supreme Court published opinion — 989681.pdf

Citation: Wash. Supreme Court published opinion — 989681.pdf
Jurisdiction: Washington (state)
Source: Official source
Original Source: https://www.courts.wa.gov/opinions/pdf/989681.pdf ↗

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In re Recall Charges Against Benton County Sheriff Gerald D. Hatcher,
No. 98968-1

improper treatment”; and refusing to participate in the investigation. Washam, 171

Wn.2d at 516-20. Although the court did not specifically note the substantial

conduct standard as to the allegations because we found the charges legally

sufficient, it follows that noncompliance with investigatory procedures regarding a

discrimination complaint rises to the level necessary to be substantial. Therefore,

the repeated violations of an established antidiscrimination policy in this case are

considered substantial conduct, both individually and as a pattern of behavior.

Sheriff Hatcher claims his interference with the interviews was a

discretionary act. However, under the policy the elected official coordinates the

investigation, unless the complaint is against the elected official, then the

prosecuting attorney coordinates the investigation. Thus, the timing of the

interviews was not under the purview of the sheriff. Even assuming it was the

sheriff’s responsibility, it is an abuse of his discretion to require his own

representative to attend an investigatory meeting about him or to require his

officers to use their leave time to participate in a work-related investigation.

4. Violated county anti-discrimination policy by hindering an investigation
into his conduct and retaliating against the complainant and witnesses to
the investigation (petition charges 7, 13, 14, 19, 20, 23, 24, and 26)

The following charges also stem from the complaint and interference with

the investigation as discussed in the previous section. This section, however,