Flaherty, former assistants settle

Published 5:00 am Friday, August 2, 2013

Deschutes County District Attorney Patrick Flaherty and three former prosecutors have reached a settlement that is expected to be completed within two weeks.

Former deputy district attorneys Phil Duong, Brentley Foster and Jody Vaughan in April 2011 filed a lawsuit against Flaherty, the county and the county commissioners alleging they were fired because they tried to form a union.

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They alleged wrongful discharge, sex discrimination, unfair labor practices and violations of their First Amendment rights to free speech and association, and asked for $22 million in damages and reinstatement to their jobs.

In October 2011, the county and its commissioners were released from liability, leaving Flaherty as the only defendant in the lawsuit.

According to a joint status report filed on July 31, an agreement has been reached and Duong, Foster and Vaughan will dismiss their claims against Flaherty once the terms of the agreement have been satisfied. That is expected to be complete in two weeks.

Details of the agreement were not available on Thursday.

The lawsuit was “settled in principle” back on May 2, and a status report filed on June 3 stated that both sides had agreed on most of the settlement issues, but because of vacations, furlough days and other delays the group hadn’t yet been able to finalize the details. At that time, the settlement agreement was expected to be finalized by the end of June.

Flaherty said he had been advised he cannot speak about the settlement until it is finalized. Flaherty’s attorney, Keith Bauer, did not return calls for comment, nor did Andrew Altschul, who has served as attorney for Foster and Vaughan. Duong’s attorney, Judy Snyder, was not available for comment on Thursday.

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