Investigation into Bellingham Municipal Court working conditions ends, findings released
An independent investigation into the Bellingham Municipal Court’s working conditions found little to no violations of law or policy.
The investigation, conducted by Sarah L. Wixson of Stokes Lawrence, issued its 31-page report on Tuesday, Feb. 1.
Wixson’s investigation looked into allegations by court employees of a hostile work environment, retaliation, discrimination based upon age and religion and violations of wage, hour and medical privacy laws by Presiding Judge Debra Lev, Court Administrator Darlene Peterson, Deputy Court Administrator Tami Bennett and Jail Alternative Program Manager Kathy Smith.
Wixson issued 22 findings, all except two were found to not be a violation of law or policy.
In a statement posted to the municipal court’s website Friday, Feb. 4, Lev said she has been honored to serve the community as an elected judge for the past 20 years. She said it was her duty to “follow the rule of law and long-standing constitutional principles, including the separation of powers doctrine which recognizes three co-equal independent branches of government.”
Lev ran unopposed and was elected for another four-year term as the city’s only Municipal Court judge in 2021.
The Bellingham Municipal Court has jurisdiction over violations of the Bellingham Municipal Code, including misdemeanor criminal charges and civil infractions. The most common cases include assault, malicious mischief, theft, driving under the influence, trespassing, violation of protective orders, traffic and parking violations.
Lev said Wixson’s investigation showed that “the employees’ stated concerns provided no basis for their walk-out.”
“This independent investigation has reinforced that open, transparent, and honest communication is integral to productive working relationships,” Lev’s Friday statement reads. “I want to assure you that the Bellingham Municipal Court has a strong and resilient team, and that we will continue to take all actions necessary to protect the safety of our Court and serve the community.”
The city of Bellingham and Lev reached a mediated settlement agreement in late September that resolved a lawsuit Lev filed in late May.
The settlement was unanimously ratified and confirmed by the Bellingham City Council in late September. The five-page agreement, dated Sept. 23, lays out the general rules that apply to who has authority over the city’s Municipal Court, who governs court employees and the processes for bringing forward and investigating workplace complaints.
As part of the settlement, the city paid all costs and fees of the investigation, which was conducted by an independent investigator suggested by the Washington State Supreme Court, and the lawsuit.
In her Friday statement, Lev said the matters were resolved amicably and that she looks forward to meetings with Bellingham Mayor Seth Fleetwood and having the three separate branches of city government working collaboratively.
In a prepared statement sent to The Bellingham Herald, Fleetwood said “I acted on credible information of workplace misconduct and authorized an independent investigation to look into those claims. My only interest was ensuring a safe and healthy working environment for all employees.”
Dispute history
Lev’s May 27 lawsuit filed in Whatcom County Superior Court alleged that the city’s investigations of court working conditions violated the separation of powers between the branches of government.
The Municipal Court closed May 28 to June 1 when six former court employees alleged intolerable working conditions and walked off the job.
In early June, a Skagit County Superior Court Judge granted a temporary injunction in Lev’s lawsuit, stopping the city from compelling court staff to participate in the investigation. It also stopped the city from disciplining, firing, suspending or denying employees’ access to court buildings or computer accounts, according to Whatcom County Superior Court records.
The union representing the municipal court employees who walked off the job filed an unfair labor practice complaint, alleging multiple state law violations, a grievance alleging multiple issues, a discrimination complaint with the city of Bellingham and a complaint with the Washington State Commission on Judicial Conduct.
By late June, an independent investigation commissioned by the city and mayor that was conducted without participation from Lev and other management members at the municipal court found evidence that supported the employees’ claims of labor law violations and a toxic work environment.
The court employees who raised concerns about their working conditions refused to return to work, and Lev fired them on July 12. In exchange for the union withdrawing the unfair labor practice complaint, as well as the grievance and discrimination complaint, the city agreed in late July to find or attempt to find the fired court employees comparable jobs in other city departments. All of the employees were offered comparable positions and all but one chose to remain as city employees, according to Deputy Administrator Brian Heinrich.
The findings
The 31-page report details friction and disputes between the employees who walked off the job and Peterson, Bennett and Smith.
Wixson found that Peterson did disclose medical information related to an employees’ broken ankle in a “reply all” email response and that Peterson did make comments regarding some employees’ religion or lack thereof, but the comments didn’t create a hostile work environment or have an impact upon one employee’s work or opportunities for advancement, the report states.
But Wixson found many of the employees’ concerns did not rise to the level of an adverse employment action, retaliation or that a hostile work environment was created.
The group of employees who walked off the job were described as “mean girls” by Peterson and there were concerns about the group’s behavior, including the exclusion of other court employees. But the employees felt the restrictions placed upon them regarding personal conversations, being passed over for job promotions, and the way they were spoken to by others was the result of retaliation for complaints and issues they had brought up, the report states.
This story was originally published February 7, 2022 at 5:00 AM.
CORRECTION: The summary of findings document was updated Feb. 9, 2022, after the court redacted some employee names.
