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Monday, January 19, 2015

Scomillio Fired Mancini While He Was Driving

NorCo Solicitor Vic Scomillio told Ass't Solicitor Jill Mancini that he was firing her during a cell phone conversation just two days before Christmas. He was driving at the time. On Friday, a jury awarded Mancini $94,000 in damages. Attorney fees will be much higher, and she is entitled to them because her constitutional rights were violate. 

On Saturday. John Brown's propaganda machine attempted to spin this loss as a victory. Kim Plyler of Sahl Comminications issued a news release that she later denied was a news release, in which she glossed over the fact that a jury had found that the County denied an emplyer her constitutional rights. She failed to note that there was a damages award of $94,000, and provided a "statement" by Brown lackey Luis Campos. In this statement, Campos states he can't give a statement. 

Below are some excerpts from Mancini's deposition concerning her termination. Scomillio does not exactly look like judicial material. He lacked the common courtesy to speak to her in person. He chose instead to call her from his car.

Tacky. 

And a violation of procedural due process. 

He also appears to have ignored emails concerning this decision.

As a career service employee, Mancini did file a grievance and had a hearing before the Personnel Appeals Board. The decision there was a 2-2 tie.

The County used an outside law firm to represent it in this matter. I have filed a RTK to determine how much money the county has wasted.

Here's an excerpt of the Mancini deposition.
Q. On December 23rd when Victor Scomillio called you about the elimination of the full-time positions, you were -- at that point you were already aware that that was being proposed, isn't that correct?

A. I was aware, yes.

Q. It was not a shock to you when he told you that his proposal was to eliminate the full-time positions in the solicitor's office?

A. I would say it wasn't a surprise but that was a shock.

Q. What do you recall as to your conversation with Mr. Scomillio?

A. I recall our conversation opened with congratulations to Mr. Scomillio for his appointment, his presentment appointment. He told me that the positions -- that as of January 7 he was eliminating -- the -- the part-timers were gone and he was eliminating the positions, and then the full-timers would be gone and I would be unemployed as of January 7th. So there were -- Victor was on his cell phone in his car. It was very difficult to hear, very difficult to have this kind of conversation. But essentially what happened was at that point when he said to me, I am going to eliminate the positions as of January 7th, you won't be employed, it was clear to me there was a problem with understanding the law. So I decided to ask him, to appeal to humanity. It was two days before Christmas. And there's no time to look for a job. And there was no expectation that I would have to until a few days before he called me. So I asked him if we could delay the end date. And he told me that was not his call. And so I asked him if he would like me to call John Brown or contact him and make that request. And I don't exactly recall what he did say.

Then the next question was, well, how will you eliminate my position because I am a career service -- eliminate -- fire me, there's no just cause, and I am a career service person. And he said, no, you are a career exempt person. I said, no, that is a pay scale. It has nothing to do with protected status. He told me to look at the resolution that created my job and I told him I have. It says nothing about my status, which means I am a career service status. Because unless a resolution says exempt, the position is a career service. Pay grade career exempt has nothing to do with protected status.

Q. Is that what you told him in your conversation or --

A. I did. That's what we discussed. Then there was some discussion about that. And then I said, well, in any case, how can you release me because the position exists? And he said, I am going to eliminate it. I said, well, you can't because that's council's job. So he said he would make a request to council. And I said, well, you will only be -- you are not -- that was another thing too was, how can you make this decision because you are not employed by the county at this time? You are presumptively employed but not yet. So I asked him, you would make that request two days after you have been appointed and approved by council? And there wasn't much discussion about that. Then I said, look, it's just too difficult to have this conversation over the telephone. Why -- when will you be in the office next? And Victor told me, I won't be in the office. And I said, okay, how about if I write you a memo and also make the request for a delayed end date, termination date? And he said, okay. I said, do you have an e-mail? He said, fax me the memo. I said, do you have the fax number? He said, call my secretary. I said, okay, goodbye. And that was it. But I will add this, there was never -- it is a misstatement to say that the reason that I was not offered a part-time position had anything to do with my attitude, because there was never any indication that I was going to be offered a part-time position, either by John Brown at the time he spoke to Karl -- his statement to Karl was that I was not going to be there. And the first thing out of Victor's mouth was, we are eliminating the positions and you will be terminated, effective January 7th.

Q. Did you ever prepare a memo for Mr. Scomillio?

A. No.

Q. Why not?

A. It was clear to me that the decision to eliminate and terminate the full-time assistant solicitors had very little to do with what it was alleged to have to do with; i.e., it was in my mind inconsistent with the law, number one; and number two, was inconsistent with any practical advantage that could be served to the office. So obviously there was another agenda. Why would I invest my time and energy into a useless exercise?

Q. Have you had any discussions with Mr. Scomillio as far as the reasons why he was eliminating the full-time positions?

A. I e-mailed him on two separate occasions and asked for an explanation as to the law and as to any other considerations concerning his decision to eliminate the positions. He never responded to either one.

Q. And do you recall when you sent him the e-mails?

A. Prior to the time that I left. Prior to the 24th of January. As a matter of fact, I think my final request to him was just after he sent the e-mail from the council meeting notifying Mike Alpago, the other full-time assistant, and me that council had approved the elimination of the positions. I sent an e-mail asking him, just as a matter of respect and consideration for somebody who has worked here and worked this hard, would you please be so kind as to give me a legal basis for your -- the authority to do what you are doing and also to give me a description of why you want to do it?

59 comments:

Anonymous said...

How can you claim that Mancini was denied due process when her grievance was heard by the Personnel Appeals Board?

Bernie O'Hare said...

That does not constitute procedural due process. Before a public employee is terminated, the Constitution requires both notice and an opportunity to be heard. Police officers know this as a Loudermill hearing. Late last yesr, the position of another county employee was eliminated by an unanimous vote of county council. This was a violation of procedural due process, and my regular readers will remember that I freaked out at the time. Fortunately, another job was found for this worker. But Mancini's constitutional rights were violated. It was all quite unnecessary.

Anonymous said...

@12:22 Who is "claiming" she was denied due process? That is what the jury in the federal case determined. Doh!

Bernie O'Hare said...

The arrogance at 12:22 is astonishing, but is what I have come to expect from Brown, his propaganda publicist and his sycophants.

Anonymous said...

A job was found for the
Stoffa picked worker in violation of county policy. Where was the due process for the applicants at that time. You are ve3ry selective in your outrage and quest for justice.
This is real.

Bernie O'Hare said...

It is no violation of due process or county policy to place a person whose position is eliminated in another equivalent position. Take that to court and see how far you get, moron.

Doug Camaro said...

Jill Man-cini should be ashamed, slopping at the trough with a law degree when she could be out chasing ambulances with lilaputian esquires from Whitehall, too bad collecting isn't always a given. Time to admit defeat, the Rav-4 is safe and sound golem.

Bernie O'Hare said...

Mezzacappa, your comment here is OT. Sheriffs have levied on your RAV-4, and you need to produce it or face the consequences.

Anonymous said...

It is quite obvious that the Personnel Appeals Board got it wrong. Now let us take a look at the Appeals Board. They are supposed to be INDEPENDANT. Is their Solicitor hired by them? What is the make up of the Board. Was there any influenece pedalling? What are the qualifications Requirements of the Board and do they meet those qualifications? They screwed this up and the end result is that a very bad decision by Scomillio and Brown should have been over ruled in its infancy. I am going to take a guess at the expense of all this.......The lawyer for the Appeals board, the lawyer for the defense (private attorney), the lawyer for the County (outside legal Counsel)and the punitive damages to Mancini will exceed $400.000.00. All because of the stupidity of Scomillio and Brown, and Scomillio wants to be a Judge. Remember this taxpayers when it comes time to vote for Judge.

Anonymous said...

Very mixed feelings on this one.

Despite what the jury found, I feel she was absolutely not a career service employee, and got her job, without real competition, based upon connections.

At the same time, amused by how Brown's folks have bungled it.

Anonymous said...

The Home Rule Charter not feelings defines who is a career service employee.
As for Scomillio - a combination of arrogance, civility and ignorance all at the expense of the taxpayer and God forbid future litigants.

Chernomazy said...

your man crush stoffa should have fired jm and kl for humping

Anonymous said...

So in the public sector there is no way to get rid of anyone? So a position can never be eliminated in a budget? What would have been the "proper procedure?"

Anonymous said...

I was never a big fan of jill's or Karl Longenbach- their relationship was very unprofessional. However, the way in which she was terminated was cowardly- typical John Brown style. This proves that Scomilio is not judge material...

Anonymous said...

"slopping at the trough with a law degree"

That's what people do - get trained and work. What are you doing with your $200,000 education after ruining your own reputation? You spend 80% of your time defaming others.

Anonymous said...

So in the public sector there is no way to get rid of anyone? So a position can never be eliminated in a budget? What would have been the "proper procedure?"

If you read the comments, you'll find out. Or you can continue to ask questions that have been answered.

Anonymous said...

'requires both notice and an opportunity to be heard"

Wasn't she notified and couldn't she have been heard at the County Council meeting when the position was eliminated?

Anonymous said...

The newly elected Executive presents his request to the Republican majority in Council based on the now clearly flawed recommendation of his Solicitor. Vegas odds on the outcome? It would have been a useless exercise.

Anonymous said...

We here at the Court House understand that Linda M. gave wrong information to the Administration. At least that is what the Administration is saying in the rumor mill. Some of us feel she may have out right lied.

Anonymous said...

Go see American Sniper

Anonymous said...

"Wasn't she notified and couldn't she have been heard at the County Council meeting when the position was eliminated?"

Yeah, uh you left out the first and most important part of the quote: "Before a public employee is terminated"

Anonymous said...

Want to save $, fire the incompetent ppl in HR. They have one brain cell among them.all liars and barely able to read the Home rule charter.

Anonymous said...

Amused by How Brown's folks bungled this huh........? Well be even more amused if Scomillio slides through as a county Judge! Another "BROWN" mistake by the voters.

Bernie O'Hare said...

I don't think he has a prayer at this point. He is tied to nearly everyt mistake Brown made and is not looking so good on his own, either.

Bernie O'Hare said...

""Wasn't she notified and couldn't she have been heard at the County Council meeting when the position was eliminated?""

She was not notified until the decision had been made. Atthat point, the opportunity to be heard ios no opportunity. Due process requires notice and an opportunity to be heard BEFORE your property or rights are taken away.

Anonymous said...

When are you going to collect your judgment and kick this sleaze ball out of west Easton and off of this site?

Bernie O'Hare said...

"I was never a big fan of jill's or Karl Longenbach- their relationship was very unprofessional. However, the way in which she was terminated was cowardly- typical John Brown style. This proves that Scomilio is not judge material."

Bingo.

Bernie O'Hare said...

"So in the public sector there is no way to get rid of anyone? So a position can never be eliminated in a budget? What would have been the "proper procedure?""

Read the Constitution.It extends beyond the Second Amendment. The government may not take your property without first giving you notice and an opportunity to be heard. In this matter, Mancini was deprived of her property and was never given the opportunity to be heard.

Bernie O'Hare said...

"your man crush stoffa should have fired jm and kl for humping"

He would have done so had there been solid evidence. he was unaware of the relationship until shortly before Longenbach resigned. It was disgusting.

Bernie O'Hare said...

"I feel she was absolutely not a career service employee, and got her job, without real competition, based upon connections."

I shared that view at one time until someone pointed out to me that it does not matter hoiw she got her job. That's not on her. That is on the county. If the county breaks regs for career service to hire her, as it did, that's on the county.

Anonymous said...

Scomillio was an excellent attorney in your view as little as a week ago. The lack of any true basis for the opinion as usual didn't prevent you from uttering what now appears to be a ridiculous looking endorsement of his legal skills.

Your certainty that the career service rules were somehow "broken" is equally ill informed but as usual truth is the first casualty.
Just stay firm with your ingrained prejudices as to who can do no wrong and spew half truths in your never ending quest to find meaning in life at the expense of others conveniently ignoring the fact that the harm you do always manages to exceed any accidental good.

Anonymous said...

scomillio has shown unprecedented ignorance of the basics of hr and constitutional law

Anonymous said...

anon 7:08, why? He didn't fire JC fro humping.

K. Dierdre Kane said...

This scandal is a welcome distraction from my own. Nobody's perfect, right?

Anonymous said...

@ 3:24, actually it all depends when the relationship started between the two of them. The counties policy before 2008 did not address relationships between supervisors and subordinates. When the policy was updated in 2008, although the issue was addressed, it stated that any previous relationships must be reported and that the superior couldn't discipline the subordinate. That if any discipline was needed the someone else must do it, the same for promotions. Also, this policy didn't go into effect until at least a year later as it bypassed county council along with many other policies and had to be rescinded until approved. So all in all the relationship might not have been an issue.

Bernie O'Hare said...

As little as a week ago, I had little reason to question Vic's skills as an attorney. I still don't question his lawyering, but do question his qualifications as a judge. Procedural due process is pretty basic. Firing someone while driving your car is pretty tacky, not something I would expect from a jurist. A week ago, I was reluctant to hold him directly responsible for Brown's follies. But now I have no choice.

Bernie O'Hare said...

4:08, it would not be an issue for Mancini. But had Stoffa known, LONGENBACH would have been gone much sooner.

Anonymous said...

Realistically, considering the Plaintiff was seeking over a million dollars or 'career reinstatement' for another ten years, and got only $94K that includes benefits, says the jury did not think much of her case but wanted to give her something. Further, her attorney does not get attorney fees for time spent on claims pursued that were lost, i.e. claims against Brown, Scomillio and for political retaliation. The Court goes through those items pretty closely and knocks off time spent on issues that did not 'prevail'.
This County just keeps entertaining.

Bernie O'Hare said...

Actually the damages award is evidence that her procedural due process rights were violated. The fact the future damages were not awarded is also evidence that the jury believes that this attorney should be reinstated. Finally if I get her constitutional rights were violated is a basis for attorney fees those attorney fees are very likely to exceed the amount of the damages award

Anonymous said...

How can she be reinstated to a job that no longer exists?

Anonymous said...

In your twisted and sick view of the world, everyone you hate (the list is long and grows daily) must be a ball and chain for every single person that is connected to them in any way.

You now think Victor is a POS, not judge material, and regularly beat down all persons in Brown's cabinet.

You are so sadly blinded by jealousy and hatred that you fail to see the truth, and anything good anyone is doing in Norco.

Infuriated because Brown wont let you sift and snoop through all county closets , drawers, files and computers, as John Stoffa despicably did, you huff and puff, foam at the mouth and beat your head against walls

Grow up, check into a mental hospital, and never come back.

Bernie O'Hare said...

If the job was eliminated as a result of a procedural due process violation, then it still exists and she can be reinstated.

Bernie O'Hare said...

5:26 has run out of arguments and is forced to resort to name-calling. Very judicial.

Anonymous said...

your fear of living in reality needs professional attention.

if you had all the Stoffa privileges at you fingertips, he would be a mancrush who could do no wrong.

your savage blog attacks against him and his cabinet are symptoms of a bigger, more dangerous problem.

your collateral damage sticker buddies should help you get a room in a nice psych hospital far away.

Anonymous said...

Prediction - Next Headline. SCOMILLIO RESIGNS to devote more time to Judicial Campaign.
Headline should read - Solicitor says while he and executive had no difficulty distorting the truth, the latter's demonstrable lack of intelligence has become too much to bear.

With malice towards all, with mercy towards none, let them both go forth dedicated to the proposition that the rights and dignity of the County's most valued resource, its employees, shall remain in doubt thanks to the Executive. As Victor leaves town on his horse, one can hear him say "vamanos muchachos, my work is done."

Anonymous said...

Bernie, I am sure KL didn't have anything to worry about either. Theirs was not the only relationship that was in the county. In fact the policy was sent to the solicitors office for review a found to not address the issue. After that review that is when the new policy was formulated that addressed this issue. It also included the "grandfather clause" that states that if a relationship was going before the policy that it must be reported. So if the relationship was before even Stogfa couldn't do anything without his own problems.

Bernie O'Hare said...

Most everyone knows this, but for those who don't 5:55 is brought to you by Tricia MezzacRaZY, against whom I have a significant defamation judgment. Turn in your car Tricia, or face the consequences.

Bernie O'Hare said...

6:02, LONGENBACH served at the pleasure of the Exec, and could be fired at any time. Had Stoffa known what was going on, Karl would have been asked to leave. Stoffa was warned, but refused to believe it.

Anonymous said...

Instead of impersonating Mezzacappa daily on this blog, and falsely attributing comments to her on a daily basis, its time you get your head out of your ass and accept the fact that she runs like hell when you are within 100 feet.

You will never collect a solitary dime of that judgement, and your empty threats are worse than the vacancy between your ears.

Anonymous said...

5:57,Agreed SCOMILLIO will now resign to campaign for Judge fulltime,but his trail of blood will follow. A long campaign season is ahead for him and NORCO employees do NOT forget. I would love to see more of this transcript published for this case. Mezzacrazy go take your Meds and help run Scomillio's race for Judge!

Anonymous said...

why is their relationship at issue here ? plenty of people have met in the work place married or not ... who appointed stoffa the morals police ? why does anyone care ? seems to me adults can do their jobs and have a private life without it being a crime for gods sake , since when is it a crime to work with relatives ? there are many company's that hire family members , that aside i'm happy she prevailed on this issue , she was treated poorly and I do believe it was politically motivated.

Bernie O'Hare said...

As the Exec, Stoffa can fire an exempt employee for any reason. I believe he would have fired LONGENBACH if there were concrete evidence.

Bernie O'Hare said...

6:29, I impersonate no one. You try to hide your identity by posting anonymously, but people can see through you, Mezzacrazy, and appropriately call you out. Surrender your car or face the consequences.

Anonymous said...

Admittedly OT, but the wheels are coming off quickly.

http://www.mcall.com/news/breaking/mc-city-center-assessment-appeal-20150119-story.html

http://www.mcall.com/news/local/allentown/mc-allentown-cosmopolitan-closed-lunch-20150117-story.html

Anonymous said...

All this talk of policies, rules, and procedures and such you think it would be easy to find a copy on their website.

Anonymous said...

I don't care what the law says, as a decent human being you don't go about things the way he did. He for sure won't be getting my vote. Hopefully he and Brown are out of a job soon.

Anonymous said...

wow!!! O'Hare, a vocal opponent of Mancini is biased against Brown because he is pointing out that Scomillio made legal errors as also found by a jury!!!

Anonymous said...

Who are the other possible cantidates for judge? Because who ever is running will get my vote. Vic is an afterthought. Judges need judgement... this guy (Vic) clearly has none.

Anonymous said...

This whole story is extremely disturbing. This county government is emploding. As an employee I feel very concerned about the future of my career. As a tax payer I am very concerned about my money going toward politics that are played dirty, unjust and illegal. As a resident I am very worried about how all of these mistakes by this administration will cost this county...which will eventually raise my taxes. I am absolutely sickened by all that is happening in Northampton county. I hope that there are outsiders who are being alerted to the injustices that are occurring. This administration will go down in history as the black eye of the county. Sickening!