Options might be limited for ousting auditor who doesn’t want to go

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.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

A firefighter stands in silence before a panel bearing the names of L. John Regelbrugge and Kris Regelbrugge during the ten-year remembrance of the Oso landslide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
‘Flood of emotions’ as Oso Landslide Memorial opens on 10th anniversary

Friends, family and first responders held a moment of silence at 10:37 a.m. at the new 2-acre memorial off Highway 530.

Julie Petersen poses for a photo with images of her sister Christina Jefferds and Jefferds’ grand daughter Sanoah Violet Huestis next to a memorial for Sanoah at her home on March 20, 2024 in Arlington, Washington. Peterson wears her sister’s favorite color and one of her bangles. (Annie Barker / The Herald)
‘It just all came down’: An oral history of the Oso mudslide

Ten years later, The Daily Herald spoke with dozens of people — first responders, family, survivors — touched by the deadliest slide in U.S. history.

Victims of the Oso mudslide on March 22, 2014. (Courtesy photos)
Remembering the 43 lives lost in the Oso mudslide

The slide wiped out a neighborhood along Highway 530 in 2014. “Even though you feel like you’re alone in your grief, you’re really not.”

Director Lucia Schmit, right, and Deputy Director Dara Salmon inside the Snohomish County Department of Emergency Management on Friday, March 8, 2024, in Everett, Washington. (Ryan Berry / The Herald)
How Oso slide changed local emergency response ‘on virtually every level’

“In a decade, we have just really, really advanced,” through hard-earned lessons applied to the pandemic, floods and opioids.

Ron and Gail Thompson at their home on Monday, March 4, 2024 in Oso, Washington. (Olivia Vanni / The Herald)
In shadow of scarred Oso hillside, mudslide’s wounds still feel fresh

Locals reflected on living with grief and finding meaning in the wake of a catastrophe “nothing like you can ever imagine” in 2014.

Everett mall renderings from Brixton Capital. (Photo provided by the City of Everett)
Topgolf at the Everett Mall? Mayor’s hint still unconfirmed

After Cassie Franklin’s annual address, rumors circled about what “top” entertainment tenant could be landing at Everett Mall.

Everett
Everett man sentenced to 3 years of probation for mutilating animals

In 2022, neighbors reported Blayne Perez, 35, was shooting and torturing wildlife in north Everett.

Dorothy Crossman rides up on her bike to turn in her ballot  on Tuesday, Aug. 1, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
Everett leaders plan to ask voters for property tax increase

City officials will spend weeks hammering out details of a ballot measure, as Everett faces a $12.6 million deficit.

Starbucks employee Zach Gabelein outside of the Mill Creek location where he works on Friday, Feb. 23, 2024 in Mill Creek, Washington. (Olivia Vanni / The Herald)
Mill Creek Starbucks votes 21-1 to form union

“We obviously are kind of on the high of that win,” store bargaining delegate Zach Gabelein said.

Lynnwood police respond to a collision on highway 99 at 176 street SW. (Photo provided by Lynnwood Police)
Police: Teen in stolen car flees cops, causes crash in Lynnwood

The crash blocked traffic for over an hour at 176th Street SW. The boy, 16, was arrested on felony warrants.

The view of Mountain Loop Mine out the window of a second floor classroom at Fairmount Elementary on Wednesday, Jan. 10, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
County: Everett mining yard violated order to halt work next to school

At least 10 reports accused OMA Construction of violating a stop-work order next to Fairmount Elementary. A judge will hear the case.

Imagine Children's Museum's incoming CEO, Elizabeth "Elee" Wood. (Photo provided by Imagine Children's Museum)
Imagine Children’s Museum in Everett to welcome new CEO

Nancy Johnson, who has led Imagine Children’s Museum in Everett for 25 years, will retire in June.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.