Kimberly Cole files lawsuit against Edmonds

Published 7:57 pm Friday, December 16, 2011

EDMONDS — An executive assistant for former Mayor Mike Cooper has filed a lawsuit against the city, saying it reneged on contracts that would have paved the way for her to resign.

Kimberly Cole instead was fired last month after Cooper lost in the election. She claims she was subjected to false and damaging rumors, harassment and hostility while working for the city, according to the suit. She also says she suffered discrimination due to “an actual or perceived disability.”

Cole’s lawyer said the disability is something akin to attention deficit disorder.

She worked out two agreements in September to leave the city — one that would have paid her $65,000 and a year’s health benefits and, another written by the city shortly after, that would have paid her $84,000 and the health benefits. The City Council later rejected the agreements, effectively putting her back on the payroll.

“The city signed a contract and reneged on it then signed another contract and reneged on that as well,” said Cole’s lawyer, Aaron Rocke of Rocke Law Group in Seattle. “Ms. Cole simply wants to hold the city to their word. The city promised her something and broke their word, made another promise and broke their word again.”

Mayor Dave Earling took office on Nov. 29. As one of his first actions he fired Cole who also is a Lynnwood city councilwoman. Earling said he was within bounds by firing her.

“It is clear in our regulations that the mayor’s assistant serves at the will of the mayor,” Earling said.

Meanwhile, Earling announced this week that he would reinstate former human resources director Debi Humann for the remainder of 2011. At the end of the year, she will be laid off, because the City Council eliminated the position in next year’s budget in a cost-cutting move. Humann earns $108,000 per year.

Humann was fired in September in a dispute with Cooper while they were working on Cole’s workplace issues.

“I was not able to reach a conclusion that Mayor Cooper retaliated against Debi Humann, but in light of various apparent misunderstandings between Mr. Cooper and Ms. Humann, I am going to give Ms. Humann the benefit of the doubt,” Earling said in a statement.

Cole worked for Cooper when he served on the Snohomish County Council. He hired her to be his executive assistant when he was appointed mayor in 2010. Cooper replaced Gary Haakenson, who stepped down as mayor to become Snohomish County’s deputy executive.

In the lawsuit filed Dec. 9, Cole charges she suffered a hostile workplace. Rocke suggested that Cooper was aware Cole suffered from something “akin to attention deficit syndrome” and Cooper was making accommodations for her. She felt colleagues and co-workers harassed her, treated her differently and had her under surveillance.

Cole is asking to be paid either the $65,000 or the $84,000 amount and the benefits. Emotional distress and pain and suffering claims have not yet been made. Additionally, a dollar amount for damages stemming from harassment allegations Cole has made against the city has not been addressed.

The city has until Feb. 9 to respond to Cole’s claims, Rocke said.

Filing a claim for damages typically is the first step in bringing a lawsuit against a local government.

“Basically this is a breach of contract,” Rocke said.