The Clark County Prosecutor’s Office has settled a grievance by the Clark County Prosecutors Guild that challenged the demotion and termination of former Deputy Prosecutor Alan Harvey.
Harvey, former president of the guild, was fired in May for insubordination, according to Prosecutor Tony Golik. In December 2013, Harvey defied orders from his managers when he tried for a second time to disqualify a defense attorney representing convicted child rapist Steven Dillon, according to his termination letter.
In the settlement, the prosecutor’s office agreed to pay Harvey $16,690 in accrued sick leave, which he didn’t receive when he was fired. The sum was calculated through a complicated formula contained in the deputy prosecutors’ collective bargaining agreement. In exchange, the guild acknowledged that Harvey is not eligible for reinstatement or re-employment with the county, according to the settlement obtained by The Columbian.
Neither party admits wrongdoing by entering into the settlement, according to the document.
“Instead, it is offered and accepted as an amicable resolution of the matters. …” the document states.
Since his departure from the prosecutor’s office, Harvey has joined Vancouver-based Northwest Legal Advocates, a firm which also includes former deputy prosecutors Jim David and Mike Dodds. The firm specializes in representing victims, especially those affected by child or elder abuse, according to its website.
Harvey first filed a motion to disqualify Vancouver defense attorney Jeff Sowder from the Dillon case on Oct. 4, 2011, when he accused Sowder of helping Dillon commit perjury during testimony the previous month.
Harvey’s bosses — Golik, Chief Deputy John Fairgrieve and Chief Criminal Deputy Scott Jackson — found there was insufficient evidence to support Harvey’s claim. They confronted Harvey, and Harvey apologized for filing the motion without first discussing it with any of his supervisors, according to Golik’s letter.
Golik wrote that Harvey’s actions went against the “basic duties and expectations of a criminal prosecutor” and exposed Clark County to civil liability.
On Dec. 5, 2013, Harvey again filed a motion to disqualify Sowder, using arguments similar to those from his 2011 motion.
Harvey’s second motion to disqualify Sowder also brought attention to the fact that Harvey’s original motion to disqualify had been sealed improperly at the request of the prosecutor’s office. (Golik has said he sought to have Harvey’s 2011 motion sealed so that Sowder would not sue his office for libel.)
Harvey has said he was terminated for being a whistle-blower by bringing the improperly sealed documents to light.
Harvey was demoted in February from the position of senior deputy prosecutor after an investigation by Clark County Human Resources regarding his behavior toward some female employees, according to Golik’s letter. The women alleged that Harvey created a hostile work environment. Harvey denied the allegations.
Sowder recently filed a complaint against Harvey with the State Bar Association. The complaint accuses Harvey of violating the rules of professional conduct by accusing Sowder of being an accomplice to perjury.
