Law Offices of Gary Lofland 12/16/2008 09:29:08 an ON MP Ave Breer eae rie ree er ie WA Eoae ! vounty fuditer I: $09-452-: Fax: $09-452-2858 CO NOTICE OF CLAIM FOR DAMAGES This is a claim for damages against Kittitas County acting by and through its County Commissioners, prosecuting attomey, employees, and agents. The notice of a claim for damages is presented pursuant to RCW 4.96.020. ‘The claimant is Mr. Darryl Piercy. At the current time, and for at least six months prior to this, claim arising, the claimant resided at 312 Alpine Drive, Ellensburg, Washington 98926. ‘This is a claim for damages for violation of RCW 42.41; wrongful discharge in violation of public policy; breech of contract, defamation and intentional infliction of emotional distress. ‘The circumstances which brought about this claim for damages for which this claim is being filed are as follows: Mr. Darryl Piercy was employed by Kittitas County and its County Commissioners as Community Development Services Director in the Community Development Services (CDS) Department on October 18, 2004, During his employment, Mr, Piercy received satisfactory reviews and received no disciplinary or corrective actions. On September 5, 2008 the County Commissioners placed Mr. Pierey on administrative leave during an investigation. The administrative leave and investigation resulted from comments made by an employee during an exit interview on or about September 3rd. Following the investigation Mr, Piercy was terminated on October 8, 2008. Mr. Piercy was never informed by the county of the specific allegations against him and the nature of the inquiry. The investigation was conducted in such a manner as to promote and encourage unsubstantiated allegations by employees. Such has been recognized by the prosecuting attorney in his statement under oath to the Superior Court in which he stated: Counsel is informed and believes that much of the information contained in said notes relates to gossip, personal feelings, rumor and innuendo regarding the personal conduct, performance, and unsubstantiated allegations of misconduct of various employees ~ the disclosure of which: (a) could be damaging to the reputation and careers of both the speaker(s) and the person(s) under discussion; (b) would be highly offensive to a reasonable person; and (c) would serve no interest other than to promote gossip and sensation. ‘The reason provided to Mr. Piercy for the termination was: the board determined that your management and communication skill was not a fit for the organization. The Board of County Commissioners issued a press release which provided false reasons for the termination.12/18/2008 9:28:08 an 2opeizi6e001 HIBs aoninet Cpuotyictevmise PIERCY ‘The reason given is false and a pretext to mask the true reason, which is retaliatory and unlawful. Mr. Piercy was engaged in protected activity including: + Participating in the investigation of sexual harassment alleged against a county commissioner; + Refusal to hire the wife of a county commissioner despite personal communication and eraail from the commissioner encouraging the commissioner wife be hired; + Refusing to hire the personal friend of commissioner despite the commissioners encouraging Mr. Piercy to do so; + Refusal to cease using a supplier in Ellensburg because the supplier opposed the reelection of a commissioner; + Refusal to hire a current employee of the Kittitas County Jail as Code Enforcement Officer, and then to terminate him in 60 days because he could not bee fired from the jeil, as requested by a commissioner, + Acommissioner intervened and required the lifting of a stop work order (over the ‘objection of Mr. Piercy) that had been issued by CDS. The actions of the ‘commissioner Were politically motivated. In addition, one of the commissioners violated the duty of fairness, or appearance thereof, because during the investigation, a commissioner apparently invited several female employees in Community Development Services to his vacation home for the weekend. In addition, the Commissioners relied upon evidence, presented by an employee of CDS who appears to have knowingly falsified records. Those with knowledge of the facts include: ‘Commissioner Crankovich Ms. Lisa Young, Commissioner Huber Commissioner McClain Prosecutor Zempel Mr. Piercy is entitled to be reinstated and to receive damages in the form of pay and benefits that he has missed, and if not reinstated, future pay for future loss of wages and benefits. Further he is entitled to damages for emotional pain and suffering and attorney fees. All of these damages total not less than $850,000.00. 1 certify and declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct the. Dated at Yakima, Washington this (2° day of December, 2008. Pa Pi a5 4