A former deputy prosecutor filed a claim for damages against Island County for $525,000 Friday as fallout from the contentious election campaign for Island County prosecutor continues.

Amy Dempsey’s claim contains a list of 16 employment law violations and other allegations, including wrongful termination, constitutional violations of free speech, disability discrimination, civil rights violations, hostile work environment, retaliation for refusing political endorsement, retaliation for whistleblowing and infliction of emotional distress.

The 34-page claim names Island County Prosecutor Greg Banks, Chief Criminal Deputy Andrea Vingo, the Island County Prosecutor’s Office and the county as defendants in the case. Dempsey’s attorney is Peter Moote of Freeland, who is a specialist in employment law.

The filing of a complaint is a first step that must be taken before an individual can sue a government entity.

In an e-mail statement Tuesday afternoon, Banks said he could not respond to the allegations because of the threat of litigation. Nonetheless, Banks again asserted that he never, at any time, pressured any deputy prosecutors to support him.

“I am looking forward to an opportunity to respond to her allegations in a legal forum,” Banks wrote. “I believe once the true facts are known, it will be obvious that I did nothing wrong or improper.”

Moote admits that the case may turn into a very long and ugly battle. He also filed a separate $425,000 whistleblower claim for damages that may have to be resolved through an administrative trial before a state-appointed administrative law judge.

“We could end up having to try the case twice,” Moote said.

Or both sides could agree to consolidate the complaints into one case in Superior Court. Of course, a settlement is another possible outcome.

The central issue outlined in the claim is an allegation that Banks and Vingo persistently and illegally pressured Dempsey to publicly support her boss, especially by expressing her support to the Whidbey News-Times staff, the complaint states.

“Ms. Dempsey specifically told Mr. Banks she was uncomfortable with the politicking taking place in the office and especially was feeling harassed by the constant request from Mr. Banks and his Chief Criminal Deputy to publicly support him,” the complaint states.

In fact, News-Times Publisher Marcia Van Dyke, Editor Jim Larsen and Assistant Editor Jessie Stensland were named as witnesses in the claim. But most of the incidents in which a “news reporter” was described in the complaint appear to refer to Van Dyke, who is essentially the manager of the newspaper and not a reporter or editor.

Last April, Banks’ long-time chief criminal deputy, Steve Selby, announced that he was running for prosecutor as a Republican. Banks, a Democrat, fired him the following Monday.

Soon after, the five deputy prosecutors in the office, as a union, unanimously endorsed Selby over Banks.

Banks hired Dempsey, who now lives in Oak Harbor, June 7. She did not take part in the endorsement of Selby and made it clear to Banks from the beginning that she wanted to stay neutral, the complaint states.

Dempsey said she complained many times to both Vingo and Banks that she didn’t want to talk about the campaign and wanted to be left out of it.

Nevertheless, Banks and Vingo persisted in pressuring Dempsey to support Banks in the months before the election, the complaint alleges.

“This persistent campaign to obtain her public support caused her to feel her job was in jeopardy and became emotionally distressing causing significant anxiety on a daily basis,” the complaint states.

The complaint described numerous incidents in which both Vingo and Banks pressured her to support Banks in the campaign. A series of alleged incidents, for example, took place Oct. 18, according to the complaint.

“She received a call to her cell phone from Mr. Banks upset about the endorsement of the Whidbey News-Times of Steve Selby. He again insisted that she publicly support him in the paper,” the document states. “She again states she could not do that. Mr. Banks then directed her to go into the office of another deputy prosecutor and tell him to retract a quote he made against Mr. Banks and to support him. He told her not to state that Mr. Banks had told her to do this.”

On Oct. 20, Dempsey found out that Vingo had written a letter to the News-Times claiming that Selby and Arne Denny, a prosecutor who supported Selby, had threatened Dempsey, causing her to fear for her safety, according to the complaint.

“This was completely untrue,” the complaint states.

The News-Times would not print the letter as submitted. Vingo later printed part of the letter as an advertisement in the newspaper, but it did not include any reference to Dempsey.

Again, Banks refutes any allegations that he tried to pressure Dempsey.

“All of my deputies, including Ms. Dempsey, had complete freedom to support either candidate, or neither candidate, as they saw fit,” he wrote. “After the election, I reappointed deputies who opposed me, but who then indicated a desire to be reappointed as my deputies and who continued to come to work.”

Banks won the election over Selby.

On Nov. 6, the complaint states, Dempsey was “so sick with distress and anxiety that she had to call in sick and seek medical attention.”

Dempsey received authorization from the Island County commissioners, Dempsey claims, to take an unpaid medical leave. Banks eventually terminated her employment at the beginning of the new year.

“By a letter dated January 3, 2007, Mr. Banks made good on his threat to terminate Ms. Dempsey by taking the first opportunity he had,” the complaint states.

Banks maintains that the commissioners only gave Dempsey an approved leave until Dec. 10, but she did not return to work after that date.

“I need a complete staff to carry out the important duties of this office, and specifically to handle her cases that she left unattended,” Banks wrote. “On January 3, after not seeing her for nearly two months, I advised her that I was going to allow her appointment to expire at the end of my term. By law, her appointment as a deputy prosecutor expired on December 31, 2006.”

Moote said Dempsey is not seeking damages from any individuals.

Under the administrative law process, Moote suggested one extreme outcome as a possibility: An administrative law judge could recommend that the Island County commissioners dismiss Banks.

“I’m not aware of a case where county commissioners have been asked or have tried to dismiss an elected official,” he said, “but that’s what the law states.”

You can reach News-Times reporter Jessie Stensland at jstensland@whidbeynewstimes.com or call 675-6611.