Eileen Quiring O’Brien files ethics complaint against Auditor Greg Kimsey citing conflicts of interest and unlawful legal threats

VANCOUVER — Eileen Quiring O’Brien, candidate for Clark County auditor, has officially submitted a signed, formal Ethics Complaint to the Clark County Ethics Review Commission against sitting Auditor Greg Kimsey. The filing calls for an immediate investigation into potential violations of state law, the county charter, and local ethics policies surrounding legal threats, undisclosed financial benefits, and election interference.

The complaint alleges violations under multiple governing provisions:

Eileen Quiring O’Brien

• RCW 42.23.070(2) & Clark County Charter § 5.7: Prohibiting municipal officers from accepting outside gifts, discounted services, or compensation linked to their official duties.

• Clark County Code 2.07.010 & HR Policy 13.1(3): Requiring public officials to avoid personal or political conflicts of interest and mandating formal disclosure and consultation with the Prosecuting Attorney’s Office and Human Resources.

• Clark County Code Ch. 2.07 & HR Policy 13 (Standard of Impartiality): Prohibiting an official from using county authority or threatening civil litigation against an active candidate while maintaining discretionary oversight over that candidate's election.

Key allegations detailed in the complaint

• Self-Initiated Contact & Subsequent Legal Threats: The dispute stems from an official county voicemail left by Kimsey and an August 15, 2026 contact form submission on eileenforauditor.com where Kimsey voluntarily entered his own name, residential address, and phone number. Despite self-initiating these communications in his official role, Kimsey subsequently retained attorney Ted H. Gathe to issue a formal demand letter on September 25, 2026, threatening Quiring O'Brien with civil litigation, $5,000 statutory damages per violation, and legal fees.

• Unexplained Legal Representation & Gift Inquiry: Attorney Ted H. Gathe is married to State Representative Sharon Wylie, who ran directly against Quiring O'Brien in the auditor primary election. Because the dispute arose entirely from Kimsey's official communications, the complaint asks the Commission to investigate whether Kimsey received free, discounted, or third-party-funded legal representation in violation of state ethics statutes.

• Failure to Report Conflicts to the Prosecuting Attorney: Under Clark County HR Policy 13.1(3), officials facing potential conflicts must formally consult with the Prosecuting Attorney’s Office and HR to establish safeguards. There is no public record indicating Kimsey ever disclosed his legal dispute against a candidate whose election his department administers.

• Impairment of Election Impartiality: While retaining chief authority over election operations, Kimsey has officially endorsed, funded, and promoted Mitchell Kelly—his direct subordinate in the Auditor's office—who is competing against Quiring O'Brien in the general election.

Action requested from the commission

The complaint formally requests that the Clark County Ethics Review Commission take three concrete steps:

• Investigate Representation & Fee Structure: Inquire into the fee agreement between Auditor Kimsey and Ted H. Gathe PLLC to determine whether prohibited benefits or discounts were accepted.

• Verify Policy Compliance: Determine whether Kimsey fulfilled his mandatory obligation to consult with the Prosecuting Attorney’s Office and HR.

• Establish Safeguards: Recommend immediate structural safeguards, including Kimsey's formal recusal and delegation of all election oversight responsibilities involving Quiring O'Brien's race.

"The Chief Election Officer must remain a completely neutral referee. Threatening personal litigation against an active candidate while simultaneously funding, endorsing, and promoting his own staff member in that same race severely erodes public trust in our election administration," stated Quiring O'Brien.

The complete filing packet—including attached public exhibits, contact form submissions, and the demand letter—has been submitted via email, mail, and hand delivery to the Clark County Manager's Office.

For further details or media inquiries, visit eileenforauditor.com. Official election information remains accessible through the Clark County Elections Department.