PORT ANGELES — As part of the county’s recent settlement agreement with former Community Development Director Mary Ellen Winborn, she is being paid through Oct. 15 or the date of entry for a judgement of ouster, whichever came later.
Winborn also will keep her health insurance through the end of the year, acknowledge the position is vacant and pay her own legal fees.
Winborn moved to Mississippi in May and said she was working remotely. Her annual salary was $101,000. The judgement of ouster was signed earlier this week.
The Clallam County Commissioners voted Oct. 17 to accept what was the second of two offers submitted to them by Winborn. The vote was 2-1 with Commissioner Mark Ozias opposed.
Reached by phone in Mississippi, Winborn said, “I am very grateful for the two terms that the people of Clallam County entrusted me with the position of Community Development Director.
“I learned a lot and accomplished a lot and the county will benefit from it for many years to come. By that I mean the department, the citizens and myself, because it took everyone. We all really accomplished a lot,” she said.
Ozias said after the county prosecuting attorney declared a vacancy in the community development director position, the most direct route to fill it, which is outlined in the county charter, is to announce the vacancy and begin the process for filling it.
However, Winborn disputed that and there isn’t really a process for dealing with that situation, he said.
“State law doesn’t allow much discretion and thousands of people had voted for her. So we thought the most appropriate action was to file the quo warranto action — both to have a judge or court reaffirm our understanding of state law and also to afford her with due process,” Ozias said.
Winborn came to the county with a settlement offer that included agreeing that the office had been vacated. She had included in the proposed settlement that she would receive her salary and benefits through the end of the year, but the commissioners rejected that offer, Ozias said.
Then Winborn came back with a second offer. That was accepted on Oct. 17, Ozias said.
“The problem relates specifically to her voter registration,” he said. “If she had maintained voter registration, then she could have completed her term and there would be no issue.
“But she proactively walked into the auditor’s office and canceled her voter registration. And that’s a requirement for holding that office. So that results in an immediate vacation of the office,” he said.
Ozias said the other commissioners decided there would be continued challenges if they did not accept the offer. And there were (DCD office) morale considerations and legal expenses in continuing to advance if no summary judgement was granted, he said.
“Their motivation was that the county had an unknown expense and time commitment with the prosecutor’s staff and the lack of ability to some things forward. Given the totality they decided to accept the settlement and move forward with certainty,” Ozias said.
“I understand the others. There would be an unknown lien on our time and some actions that can’t move ahead without a DCD director. So they felt there was a greater good with moving ahead.” he said.
“It’s obviously been a big deal for everyone. It’s unusual and hard to understand and important,” Ozias said.
In late July, the county commissioners voted unanimously to begin legal action against Winborn, who was continuing in her role as elected Community Development Director despite having moved to Mississippi in May.
The county was granted a temporary restraining order Aug. 23 prohibiting Winborn from conducting any duties related to the community development director office.
Winborn, who was elected to the post in November 2014 and reelected in November 2018, moved to Mississippi in May. Her term expires in December and she is not seeking reelection. Her position pays $101,000 annually.
Winborn had said she has rented a place and returns to it once a month while conducting most of her duties remotely.
After canceling her voter registration due to concerns over stalking, she said she would renew her Clallam County voter registration once she received her new address from the Washington State Address Confidentiality Program.
________
Reporter Brian Gawley can be reached at Brian.Gawley@ sound publishing.com
