‘The anxiety and the tension is so great this year’: Vander Kamp gives notice he may sue DCSO, alleges election interference
(Update: Adding video, comments from interviews with Vander Kamp and Bailey)
BEND, Ore. (KTVZ) – Deschutes County sheriff's Sergeant Kent Vander Kamp, one of two candidates running for sheriff, announced Thursday he has filed a tort claim notice against the current sheriff's office administration, alleging ongoing targeting, harassment and election interference by certain administration members.
Vander Kamp's campaign said in a news release that "the legal action stems from a series of incidents representing a deliberate attempt to undermine his candidacy for Sheriff."
Vander Kamp told NewsChannel 21 on Friday, "I have to protect not only my rights but also protect the democratic process and let the voters choose."
Vander Kamp's election opponent, sheriff's Captain William Bailey, was endorsed by Sheriff Shane Nelson when he announced last year that he was resigning and would not seek re-election in 2024.
The eight-page tort claim notice (which can be seen below) does not say a lawsuit definitely will be filed, only that "Vander Kamp is investigating whether to file a complaint for damages, declaratory and injunctive relief" over the alleged "political retaliation."
"The anxiety and the tension is so great this year - probably the greatest I've ever seen," he said.
The notice calls on the department to retain any relevant documents and makes 33 claims dating back to November 2022, when it became known Vander Kamp would be running for sheriff, including him being notified last month of an internal affairs investigation. It also says Vander Kamp plans to file federal and state employment discrimination complaints.
Bailey, meanwhile, pointed to misinformation during an interview Friday with NewsChannel 21.
"In any election, there's a lot of misinformation being spread around, a lot of mud-slinging to see what will stick, what can I get one person to buy off on?" Bailey said. "And then that starts to spread and it's just - it's unhealthy, it's not productive, and it's doing an incredible disservice to our office. "
The tort notice was signed by and sent to NewsChannel 21 by Andrew Mittendorff, a Sherwood attorney who also noted and filed similar tort claim notices against the department on behalf of DCSO sergeants Jeremiah Minton and James McLaughlin and Deputy Matthew Palmer.
"These cases are all connected and display election interference by Sheriff Nelson and DCSO," Mittendorff wrote. He also noted that a federal jury handed down a verdict of over $1 million against Nelson for retaliation against sheriff's candidate Eric Kozowski in 2016. Nelson won that election and fired Kozowski a year later.
Both sheriff candidates agreed that divisiveness is taking away from the issues in 2024.
Bailey said that after the election, "We're going to shake hands. And then he's going to go back to CODE (the Central Oregon Drug Enforcement Team), if I win, and do his job that he does very well. They're intercepting the drugs that are coming into my community. So we'll get through this."
Vander Kamp said, "We have to move forward. The office knows that. We do it every election cycle. The dust settles and we get right back to work."
Here's the rest of Vander Kamp's news release, followed by responses from the sheriff's office and Bailey, and a copy of the tort claim notice:
The claim asserts that these actions harm his campaign and threaten the integrity of the democratic voting process and the constitutional rights of Sheriff's Office employees. More importantly, Kent believes the voters should choose their Sheriff, not the outgoing Sheriff.
Kent’s message is clear: “As your next Sheriff, I will have no tolerance for attempts by authoritarian regimes to exploit our democratic system and create constant discord and deliberate confusion among voters," said Vander Kamp. "Worse yet, I will not stand for the targeting, harassing, or violating constitutional rights of anyone, including Sheriff's Office employees."
Vander Kamp's attorneys have detailed these allegations in the tort claim, and the legal process is now underway. Kent has vowed to continue his campaign focused on integrity, transparency, and accountability for the Sheriff's Office.
"We must protect the democratic process and ensure that the rights of every individual, especially those in public service, are upheld," Vander Kamp continued. "Deschutes County deserves a Sheriff who will lead fairly, uphold the law, and defend our constitutional freedoms."
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Bailey provided this statement to NewsChannel 21:
“On the same day my opponent is threatening to sue a vital public safety agency, I am pushing forward my plan to reduce the threat of catastrophic wildfire by clearing homeless camps near China Hat Road. I think improving public safety is what Deschutes County residents expect of their next Sheriff.”
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Sheriff's office Public Information Officer Sergeant Jason Wall provided this statement from the department:
"The Deschutes County Sheriff's Office does not agree with contents of the recent Tort Claim Notice filed on behalf of Sergeant Kent Vander Kamp and is prepared to defend its position if necessary."
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A reminder: Bailey and Vander Kamp will be participating in a live half-hour Decision 24 debate on NewsChannel 21 at 7 p.m. Monday, the first of our six election debates in coming weeks.
Here is the tort claim notice:
