OLYMPIA — With embattled state Auditor Troy Kelley preparing for an extended leave, a leading critic in the Legislature said Wednesday there may be no viable avenues to make Kelly resign instead.
Kelley is to begin an unpaid leave of absence Monday to fight federal charges including tax evasion and lying to investigators probing his past private business practices.
Kelley, a first-term Democrat, denies wrongdoing and vows to resume his duties in the future. He’s ignored repeated calls for him to resign from across the political spectrum, most often from Democratic Gov. Jay Inslee and Republican state Sen. Mark Miloscia, who lost to Kelley in the 2012 auditor’s election.
Milsocia lamented that Kelley’s upcoming departure may suck the wind of efforts to force him from office.
“I wish there was something else that we could do but I don’t see any major pressure points left,” Miloscia said. “He hasn’t been listening to anybody at all. He’s tone deaf.”
But state Republican Party Chairwoman Susan Hutchison sought to ratchet up pressure on Inslee to force Kelley’s hand. In a statement she accused Kelley of “abandoning” his job and called for the governor to appoint a replacement.
Hutchison also said in a statement that the Legislature should pass a bill from two Republican representatives that would deem an elected office to be vacant if the office-holder goes on leave for a reason other than health or military duty.
Meanwhile Wednesday, the woman picked by Kelley to run the office in his absence said the “distraction” surrounding her boss isn’t impeding the work of employees.
“We will weather through this. Things will calm down and everyone will see us as the stellar agency we are,” said Jan Jutte, the director of operations and a 30-year veteran of the agency. “The cloud over Troy Kelley is a personal cloud. It is not a cloud that belongs over this office and we need to make that distinction.”
Jutte, who met with reporters for half an hour Wednesday morning, said she was due to retire April 30 but changed her mind a few weeks ago because “I love this office. I really do.”
Now she finds herself in uncharted territory as Washington has never had an elected statewide official take an unpaid leave of absence to fight criminal charges.
She learned of her new role in a phone call with Kelley late Monday. She said she last saw him in person when they met April 23 at a DuPont restaurant so she could give him mail and other items from his office.
While she said she doesn’t plan any personnel changes, she will review the status of Jason Jerue, a part-time employee and former Kelley business cohort. Jerue, who is believed to live in California, is currently on unpaid leave.
Inslee on Monday sent a letter to Kelley informing him that he would not be paid his $116,950 a year salary while he was gone. The governor also wanted a plan for how the auditor’s office would operate.
Kelley and Inslee spoke by phone Tuesday before Jutte’s appointment was announced.
“We’re glad there is a plan,” said Inslee spokesman David Postman. “We’re glad Jan Jutte will be in charge. The governor believes (Kelley) should not be in the office. The right thing to do is resign.”
But Kelley seems resolved to stay on. He believes he will emerge victorious at the end of the fight and resume his duties. It’s given him the fortitude to ignore repeated calls for his resignation.
“I believe it is important for everyone to remember that under our system, everyone is presumed innocent until proven guilty beyond a reasonable doubt, in front of a jury of one’s peers,” he wrote in a statement issued Tuesday.
“My decision to take this leave of absence affords those who call for my ouster with the confidence that a larger group of talented executives will oversee the work of the Auditor’s office, while allowing me to dedicate my time and efforts to my legal defense.”
There’s no formula for when a politician should stay on or step down when facing controversy, said veteran political consultant Ron Dotzauer of Snohomish.
Politicians with established credibility and connections will be subject to greater pressure from their friends and allies to leave office, he said. Politically isolated figures like Kelley don’t care what others say.
“He’s trying to hang on,” said Dotzauer, who leads Strategies 360. “He’s trying to keep up the appearance of innocence.”
It took time but Snohomish County Executive Aaron Reardon eventually resigned amid allegations he knowingly allowed some of his staff on the county payroll to harass his political rivals.
But County Councilman Brian Sullivan and state schools chief Randy Dorn weathered arrests and convictions for drunken driving. It didn’t prevent Dorn from getting re-elected and isn’t stopping Sullivan from running again this year.
Christian Sinderman, founder of Northwest Passage consulting, said there is always an honorable way out but in this instance Kelley doesn’t seem to be looking for it.
“There’s custom and common sense,” he said. “To date Troy Kelley seems bound by neither.
Jerry Cornfield: 360-352-8623; jcornfield@heraldnet.com.
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