The man elected to be Washington’s state auditor in 2012 is off the job and it is uncertain when, or if, he’ll return.
Troy Kelley began a self-imposed unpaid leave of absence at 1 p.m. Monday to fight federal criminal charges related to his past business dealings.
Director of Operations Jan Jutte assumed Kelley’s duties and one of her first actions was to release advice from the Office of Attorney General Bob Ferguson on whether not paying Kelley is legal.
Jutte asked if withholding pay might violate a provision in the state constitution that bars reducing compensation for state officers during their term.
And the response was that since Kelley wants to work without pay it is okay. But there is no legal precedent and thus some risk in allowing it to happen.
“Common sense suggests that because the Auditor will be voluntarily and completely removing himself from the duties of his office, the State should have no obligation to compensate him during that leave,” wrote three state attorneys in an April 23 memo to Jutte.
“Declining to pay him when he is voluntarily choosing not to perform the duties of his office does not appear to implicate the concerns” in that constitutional provision, they wrote.
Kelley, who faces federal charges of tax evasion and lying to investigators, has denied wrongdoing and vows to resume his duties.
His term runs through the end of 2016. Gov. Jay Inslee and Attorney General Bob Ferguson, who are Democrats, have publicly called for Kelley to resign.
If Kelley did resign this week, Inslee could appoint someone to serve until the November election. If he resigns after that, the appointee would remain in office until next November 2016.
Talk to us
> Give us your news tips.
> Send us a letter to the editor.
> More Herald contact information.
