Austin seeks more time to prep defense

ASOTIN — The Clarkston city official accused of misconduct in the workplace wants to hit the pause button at his protection order hearing next week.

Through his attorney, Stephen Austin, the former city clerk and current city administrator, filed a response Wednesday to alleged violations of the city’s anti-harassment policy and standards of conduct. He is seeking more time to prepare an adequate defense.

According to the documents, Austin’s due process rights could be seriously jeopardized without a delay “because he is obviously unaware of the entire nature of the allegations against him and cannot fully defend himself because he has invoked his 5th Amendment rights through legal counsel.”

Austin was placed on paid administrative leave after two of his female co-workers accused him of inappropriate touching and comments. A temporary protection order was issued last week, and the city’s highest-paid employee is set to appear at 9:30 a.m. Monday for his first hearing in Asotin County District Court.

The alleged harassment began in 2023, according to previous court records. Shoulder rubs at a work conference, hugs from behind, unwanted touches to thighs and buttocks, along with Austin’s inappropriate comments about a co-worker’s tattoo and a dress were listed in the requests for protection orders.

The 53-year-old Lewiston resident is represented by Spokane attorney Michael Felice.

Austin is in a stable marriage with children and has no prior criminal convictions, according to the court documents. He has been a Clarkston department head for more than seven years and previously worked in the police department and the Asotin County Jail.

His attorney said Austin is unaware of any formal complaints against him while employed as the city clerk and treasurer. Allegations of sexual assault in the workplace appear to be in the form of unwanted touching, “which has not resulted in any physical or emotional injury,” according to the declaration in support of a stay or continuance.

An employment hearing will be conducted as part of the process, and Austin could be terminated. He cannot be on city property or conduct city business at this time.

A pending criminal investigation by the Pullman Police Department is underway, and Austin has invoked his right to remain silent upon the advice of his attorney, according to the documents.

“Mr. Austin is an at-will employee with the city of Clarkston and making a statement without knowing the full allegations or an opportunity to be fully prepared could cost him his job, which he has held without formal complaint since 2017,” the attorney wrote.

The “vague allegations” should not force Austin to risk his job or personal liberty by responding in an extremely rushed manner, particularly when criminal and civil investigations are being conducted, Felice added.

Austin wants to prepare a response after obtaining discovery materials, and get statements from other city employees, if necessary, to defend himself, according to the declaration. He’s also trying to obtain his personnel file.

In a letter dated Sept. 12, Mayor Monika Lawrence informed the city administrator about the alleged violations. He was required to return his work cellphone, keys and any other city property as the investigation moves forward. He has to be available by phone during regular business hours to answer questions and assist in the smooth transition of his duties to other staff members.

Austin was promoted to city administrator in December after the new position was approved by the council. His salary is $140,400 per year plus full benefits. The base salaries for the four department heads - fire chief, public works, clerk and police chief -is $125,500 a year.

Sandaine can be reached at kerris@lmtribune.com. You can follow her on X @newsfromkerri.