Edmonds City Council voids mayor’s settlement pact with staffer who resigned

EDMONDS — A proposed settlement with former mayoral assistant Kimberly Cole was shot down by the City Council on Tuesday.

Cole resigned two weeks ago, the same day Mayor Mike Cooper fired human resources director Debi Humann. No one has publicly discussed why the firing or resignation took p

lace.

Cole, who also is a Lynnwood city councilwoman, reached separate agreements on the resignation and on the settlement with Cooper on Sept. 22. The mayor, however, did not have the authority to carry out those agreements, the City Council said in a resolution on Tuesday.

No one would reveal the amount of the proposed settlement on Wednesday. The plan was discussed by the City Council in a closed-door meeting, allowed by state law for personnel and legal matters. The resolution was approved afterward, in open session. James Spencer of Seattle, Cole’s attorney, said the settlement was for less than $100,000, but would not give the amount.

The council’s resolution, approved in a 7-0 vote, said the only type of agreement the mayor can negotiate is for goods and services valued at less than $100,000. The settlement agreement was not for goods or services, the resolution said.

Cooper said he was originally told by city attorneys he had the authority to reach the agreements with Cole. Later, though, they reversed their position.

At Tuesday’s closed-door meeting, the council heard from a city attorney that the agreements did not conform to city law, city officials said.

“I made a decision based on advice I got Sept. 22,” Cooper said. “The City Council made their decision based on advice they got (Tuesday). I respect their decision, and that’s part of the separation of powers.”

Cooper said a few days after the original agreement he was told he couldn’t authorize it.

“It was a miscommunication on what my authority was or was not, and that happens,” he said.

Even if he had the authority to reach the agreement, Cooper said, the City Council still would have to approve spending the money.

City attorney Jeff Taraday, of the Seattle-based Lighthouse Law Group, said in an email he could not comment because of attorney-client privilege. Cole has been referring all media calls on the matter to Spencer, her attorney. Spencer said in an email to the Herald that he considers the city bound by the agreements reached with Cooper.

“Clearly the city did not deal in good faith, and we’ll be pursuing all available remedies to make our client whole from damages suffered as a result of her employment by and departure from the city of Edmonds,” Spencer wrote. “That one hand doesn’t know what the other is doing should not impact the livelihood of any city employee.”

The departures of Cole and Humann came shortly after the state Auditor’s Office asked the city for documents related to an anonymous complaint about an employee. Cooper has said Humann’s dismissal was not related to the auditor’s request, but he has not explained why she was fired.

No one has said exactly why Cole resigned. Spencer would say only in a recent email to the Herald that her decision was prompted by “a hostile work environment created by certain employees of the city of Edmonds.”

Cooper, a former state legislator and Snohomish County councilman, was appointed to the mayor’s job last year. He’s now running for election against former City Councilman Dave Earling.

As it turns out, in voiding Cole’s settlement agreement, the City Council might have voided her resignation as well.

Spencer said he believes the resolution means she still works for the city. Cooper said Wednesday he’s not sure.

“I’m having a discussion with the city attorney about what this all means,” the mayor said.

City Councilman D.J. Wilson said he was asked by Cooper and Cole to mediate the settlement agreement to reduce the chances of the city being sued.

“Getting the opportunity to help limit the city’s liability was in everyone’s best interest,” Wilson said. “The unfortunate occurrence here is we keep getting different explanations of the law. That’s really the heart of the matter.”

Bill Sheets: 425-339-3439; sheets@heraldnet.com.