Former worker seeks $525K from county

Published 7:00 pm Wednesday, January 24, 2007

A former deputy prosecutor is asking Island County to pay her $525,000 in damages because of the emotional distress she allegedly suffered while working for the county prosecutor during last year’s divisive election.

Peter Moote, a Freeland attorney who is representing former deputy prosecutor Amy Dempsey, filed the damage claim on Friday, Jan. 19 with Island County.

A damage claim is a necessary first step before a lawsuit can be filed.

The 34-page claim alleges that Island County Prosecutor Greg Banks and Andrea Vingo, chief deputy prosecutor, pressured Dempsey to support Banks’ reelection campaign.

Banks was elected to a third term in November after a bruising battle with former chief criminal deputy prosecutor Steve Selby.

Dempsey joined the staff of the prosecutor’s office in June, two months after Selby announced his candidacy and was fired from his job in the office.

At the time of her arrival, the prosecutor’s race had split the office, and some employees had already endorsed Selby.

The campaign became even more heated as November drew closer, with Selby criticizing Banks’ management style, work load and personal demeanor. Banks spent much of his campaign responding to charges leveled by the Selby campaign, but also hit back with attacks on Selby’s voting record and his treatment of crime victims.

In her claim, Dempsey alleged that Banks and Vingo repeatedly asked her to support Banks’ reelection bid.

According to the claim, Dempsey said she wanted to stay neutral but she later feared she would lose her job if she did not support Banks politically.

“She tried to explain that she had the right to remain neutral and wanted to do so,” the damage claim states. “She explained that she needed her job, no matter which prosecutor won the election, because she had relocated to this area, had significant law school loans and her partner had been deployed to Afghanistan.”

Dempsey alleged that on

Oct. 18, Banks again asked for her support and to tell a newspaper that morale in the office was high. Dempsey claimed Vingo also wanted her to talk to the newspaper right away, and if she didn’t, “We’re going to think you’re a wuss,” the claim states.

The claim also said that within two days, the emotional strain was so much that Dempsey became ill and couldn’t go to work.

Although not stated in the

claim, Dempsey did take sides in the election. An advertisement praising Selby appeared in The South Whidbey Record and The Whidbey News-Times in the Nov. 1 and Nov. 4 issues that listed Dempsey’s name at the top along with the names of other deputy prosecutors who supported Selby.

Banks was out of the office Monday and did not immediately return a phone call for comment.

Moote, Dempsey’s Freeland attorney, also did not immediately return a call to The Record for comment.

Banks told The Record last week that he did not pressure workers in his office to support his campaign.

“At no time did I pressure any deputy prosecutor to support me politically. In fact, most of them supported my opponent,” Banks said.

Banks also said earlier that Dempsey was not kept on staff after she did not come to work on Nov. 7 and the days following the election.

The week after the election, Dempsey’s attorney sent the county a letter and a doctor’s statement requesting a medical leave for Dempsey.

Dempsey was not eligible for medical leave because of her short employment tenure with the county; employees must work for the county for one year before they are eligible to take leave under the county’s family medical leave policy.

County commissioners granted Dempsey a “leave of absence” from work on Nov. 20.

In her claim, Dempsey alleges she was wrongfully fired. She also claims her right to free speech was violated, that she was the victim of discrimination, and her civil rights were violated. She also said she was subject to a hostile work environment, was defamed, and was subject to retaliation for being fired on Jan. 3.

The claim for $525,000 asks the county to pay past wages and benefits totaling $15,000, plus future wages and benefits of $100,000. The claim seeks medical expenses of $25,000, incidental damages of $10,000, general damages of $250,000 and punitive damages of $100,000. The claim also seeks $25,000 so Dempsey can repay her student loan.

The damage claim lists Dempsey, Banks, Vingo and Selby as witnesses. It also lists other former and current deputy prosecutors, as well as County Commissioner Mac McDowell. The publisher, editor and a reporter at The Whidbey News Times are also listed as witnesses.

Brian Kelly can be reached at 221-5300 or bkelly@southwhidbeyrecord.com.