Attorneys for The Seattle Times were successful Monday in arguing for the lifting of a restraining order that had prevented King County from complying with the newspaper’s request for documents thought to contain information about possible inappropriate behavior by Councilman Dow Constantine toward a female County employee, now known as Jane Doe. Constantine is running for the office of King County Executive against opponent Susan Hutchison. The judge’s ruling to release the hold on these public documents came on the eve of the final day of balloting in that election.

Red County broke the news last Friday that the Times had filed a legal challenge to the restraining order filed by attorney Tyler Firkins to prevent the release of documents regarding Jane Doe.  Judge Michael J. Trickey quashed the earlier restraining order, ordered King County to release all documents relevant to Ervin’s request (providing that the information that could reveal the identity of Jane Doe was redacted), including lifting the cover off the two-page note that had already been supplied to Ervin by the County. By way of Sound Politics, the note that has been at the core of this story can be viewed here.

The two pages of notes from July 27, 2009 made public by Monday’s ruling revealed that Jane Doe did have at least one meeting with a supervisor to discuss uncomfortable feelings she had about a series of interactions with Dow Constantine. The notes describe Doe’s account of an incident between her and Constantine that took place in a bar coinciding with a going away party for a co-worker. The supervisor’s notes indicate that Doe said she and Constantine sat together, shared food, and the councilman bought Doe drinks. Doe says Constantine commented on her attractiveness while also suggesting that she consider a position in his office.

On another occasion, a few weeks from when Doe stated the incident at the bar occurred, Doe said that Constantine made a comment in the workplace about her appearance that she felt crossed a boundary.

The supervisor’s notes are explicit that Doe was willing to sign a statement to the effect that she would not bring an action against the County and that she did not feel her employment was affected by any of the alleged incidents involved Councilman Constantine. However, the details disclosed to the supervisor made impression enough that they were discussed with Tom Bristow, then the interim chief of staff of the King County Council. The notes indicate the following conclusion resulting from their conversation:

Risk to the Council/agency - probably greater risk by conducting an investigation that could reduce the likelihood that other people wil [sic] come forward and trust that their experiences will be judged fairly and accurately. .

Although the note’s author and Bristow concluded that the facts did not support conducting an investigation, it was written down that “Ellen will document in case a further incident occurs. Tom may talk to member – probably after recess.”

Ellen Petre, Council Administrator, was one of two Council employees put to the axe this September, two months after the notes were made.

In a videotaped interview with KIRO television’s Essex Porter last week, Constantine said that “it would be easier” for him if the contents of the County’s documents were available for public inspection. Dow, it looks as though, on Election Day, you’re going to get what you asked for.