Former high-ranking prosecutor sues to keep personnel investigation from disclosure in Washington County

In an attempt to prevent the possible publication of a personnel investigation into his alleged misbehavior, a former chief deputy district attorney for Washington County has filed a lawsuit against the county.

In September 2023, 53-year-old Bracken McKey took a leave of absence and retired in April of the same year. Although officials have chosen to provide specific details, the county had launched a human resources investigation into a workplace personnel matter involving McKey at the time he went on leave.

According to county spokesperson Philip Bransford, the investigation was concluded last week.

McKey alleges in his complaint dated December 3 that he was the subject of an investigation for allegedly sending offensive and unsolicited communications, which is against county policy.

He claims in the lawsuit that the county never informed him who had complained and that he had turned down their attempts to interview him since he was no longer a public employee.

Late Monday, McKey declined to comment.

Citing the confidentiality of personnel affairs, Bransford turned down The Oregonian/OregonLive’s request for a copy of the inquiry. Asserting that the exemption does not apply in cases when an employee resigns during the investigation or steps down in lieu of a disciplinary penalty, the news organization on Monday urged the county counsel to reevaluate the decision to withhold the record.

In the case, McKey argues that since he had retired, county human resources authorities had the right to conduct an investigation into him. He requests that the court prevent any investigative reports or results from being made public.

McKey claims that when he left, the county lost the right to look into his behavior.

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McKey handled some of the most delicate and well-known cases in the office over his whole legal career as a Washington County prosecutor. He was one of the highest paid workers in the county by the time he retired. He was paid $246,536.

Criminal justice is the area of expertise for enterprise reporter Noelle Crombie. You can reach her at [email protected] or 503-276-7184.

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