PORT ANGELES — Clallam County Prosecuting Attorney Mark Nichols denies that he sexually harassed or retaliated against a former office manager.
An independent investigation backs up his claim.
Tina Hendrickson filed a complaint and demand for jury trial June 1 alleging that her former boss sexually harassed her between April 2015 and April 2017.
She further alleged that she was denied a raise because she had rejected the elected prosecutor’s repeated “romantic and sexual overtures.”
Nichols’ attorney, Suzanne Michael of Seattle-based Michael &Alexander PLLC, filed an answer to Hendrickson’s lawsuit June 30.
In it, Nichols admits that he told Hendrickson that he “would be interested in a romantic relationship” with her but denied allegations of wrongdoing.
Nichols declined to comment on the case Thursday, referring inquiries to his attorney.
Michael provided a 20-page investigative report prepared by Robin Nielsen of Seattle-based Workplace Consulting PLLC, which absolved her client of sexual harassment as defined by county policy.
Nielsen concluded that Nichols likely “made overtures of romantic interest to Ms. Hendrickson for a period of several months in 2015, that he occasionally made indirect actions thereafter that Ms. Hendrickson could reasonably interpret as suggesting a continued romantic interest, and that some of Mr. Nichols’ attention was likely unwelcome to Ms. Hendrickson, but that Mr. Nichols did not create an intimidating, hostile or offensive work environment for Ms. Hendrickson.”
The May 22 report further concluded that Nichols “did not make submission to any of his romantic advances a condition of Ms. Hendrickson’s employment, nor did he use Ms. Hendrickson’s submission to or rejection of any of his romantic advances a basis for any decisions affecting her employment.”
The report describes a close, personal friendship between Nichols and Hendrickson that blossomed around 2008 and remained platonic through the years.
The two agreed that Nichols had become “one of the family” over time, Nielsen said.
Hendrickson had worked in the Prosecuting Attorney’s Office as legal secretary, senior legal secretary, administrative specialist and senior legal assistant between September 2003 and October 2011.
Nichols became chief deputy in the same office in 2006.
After a brief stint as the county hearing examiner, Nichols was elected to the prosecuting attorney post in November 2014, with Hendrickson helping to manage the campaign.
Nichols hired Hendrickson to manage the office and the pair was “unsuccessful at separating their personal friendship from their work relationship,” Nielsen wrote.
The personal relationship deteriorated in the summer of 2015 after a perceived slight from Nichols when Hendrickson was going through a family crisis, Nielsen said.
“Ms. Hendrickson and Mr. Nichols agreed that, to the present day, their relationship has never returned to the closeness they felt before Ms. Hendrickson felt betrayed by Mr. Nichols,” Nielsen said.
“They agreed that Ms. Hendrickson continues to distrust Mr. Nichols.”
In her lawsuit, Hendrickson claimed that Nichols spent three to six hours per day in her office, that he professed his deep love for her and that he fantasized about her sexually — claims that Nichols denies.
Hendrickson first notified the county about her concerns in early April, Human Resources Director Rich Sill said.
She was placed on paid administrative leave during the Nielsen investigation, saying she would be willing to work with Nichols if she could answer to a different manager, according to the report.
Hendrickson refused to return to work, Sill said.
“The position is going to be replaced,” Sill said.
Hendrickson’s lawsuit was filed in U.S. District Court for the Western District of Washington in Tacoma by Gig Harbor attorney Terry Venneberg.
Legal fees for Nichols’ defense are being covered by a Washington Counties Risk Pool liability policy, Sill said.
Nichols also was named in a 2009 lawsuit filed by four former employees of the Prosecuting Attorney’s Office who claimed age and disability discrimination.
The employees alleged that then-Chief Deputy Nichols and former Prosecuting Attorney Deborah Kelly treated the plaintiffs and other women in a “hostile, demeaning and condescending manner.”
An insurance pool paid $1.5 million of a $1.6 million settlement agreement.
Michael said the Hendrickson case would likely go to trial.
“I don’t see any other real option, unless she dismisses it,” Michael said.
________
Reporter Rob Ollikainen can be reached at 360-452-2345, ext. 56450, or at rollikainen@peninsuladailynews.com.
