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Nazareth, Pa., United States

Wednesday, July 29, 2015

Murray Believes in Due Process, Scomillio Violates It

Abe Kassis has come out for Sam Murray
No person shall be deprived of life, liberty or property without due process of law. That's pretty basic stuff. It is enshrined in our federal and state Constitution. It's pretty much why a judge exists. He is there precisely to ensure that everyone is heard, rich and poor. Sam Murray, the Democratic nominee for judge, understands this. On the very night he announced, he stated that the most important right in a courtroom is the right to due process. Abe Kassis, who ran for judge in the primary and came up a few votes short, also understands this basic right. As an Assistant District Attorney, he has been a tough but fair prosecutor. But Vic Scomillio's inability to follow this simple constitutional requirement convinces me he needs a little more seasoning before he becomes a judge.

I told you yesterday that a federal district court judge has just sanctioned Northampton County with $186,000 in legal fees that were incurred by Northampton County employee Jill Mancini, who was improperly fired by Vic Scomillio when he became the County's Solicitor. A jury had previously awarded her $94,000. Scomillio fired her just two days before Christmas, in a call he made from his car.

In addition to violating her due process rights, Scomillio showed little compassion for her financial situation. Although there's no constitutional right to compassionate treatment, do you really want a cold, heartless judge?

Below is part of a Jill Mancini deposition taken before the trial in this matter. Id this the kind of person you want sitting on judgment of you or someone you love?

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 7. 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?

If this is the kind of person you want deciding cases for your loved ones, then by all means vote for Scomillio.

52 comments:

Anonymous said...

This is the same asinine ignorant non-thinking that Brown and his goon team have used over and over. Mancini knew what she was talking about, and Scomillio just ignored the facts and did what he wanted. What does it matter to him - didn't cost him a penny. It cost us. Unseasoned? Incompetent is more accurate.

Anonymous said...

"I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that I will discharge the duties of my office with fidelity, as well to the court as to the client, that I will use no falsehood, nor delay the cause of any person for lucre or malice."

Remember when you took this oath? But you instead violated it, as you were expelled from the Bar, so that you no longer have the right to practice law.

You really think people have trust in your word? You went from a practicing lawyer to an internet blogger who lives in rental apt in Nazareth. How far you have fallen off the ladder.

Bernie O'Hare said...

Unable to refute my points, an anonymous coward responds with the same old personal attack that has been made against me since I started blogging. Yawn.

Anonymous said...

Is Sanchez a Democrat or Republican?

Anonymous said...

Republicans are stuck with damaged goods for a candidate. Get ready for the avalanche of mailings about skills and "shared values."

Anonymous said...

In this instance you dont have to trust ohare, Scomillio's actions and words speak for themselves.

Anonymous said...

is this Sam the home wrecker?

Anonymous said...

One can never feel too sorry for Mancini. She got her job through who she knew and not what she knew. Her position wasn't even posted, a requirement of a CS job. For years her sugar daddy Longenbach took care of her, even whining before council that she needed a raise. When her FT position was eliminated, she cried foul. Council eventually agreed to reorganization of the solicitors office, which included eliminating FT positions. There have been many other CS positions eliminated in order to save money. The Director of Administrative Services position was axed due to a vendetta by Kraft. That's the way it goes. Mancini got her job using house money and lost it the same way. Boo-hoo if it happened just before Christmas. She just went to work for her mentor Karl and is doing fine, as are the lawyers she retained.

Anonymous said...

8:17
you miss the point.Career Service jobs are protected not only by the career service regulations but also by the Administrative Code and the Home Rule Charter. Scomillio violated all of them in his quest to do Brown's dirty work. It wasn't up to Mancini to post a career service position for people to bid on, it was the administrations job to do that task. She can't be blamed because the administration didn't do their job. Their are rules and regulations to protect the employees from crazy bosses like Brown and Scomillio and when those rules and regulations aren't followed there are penalties. In this case the penalties are presently at $94,000.00 and $184,000.00. Almost three hundred thousand dollars not including the legal fees the administration paid to their legal counsel. That has to be another one hundred thousand plu....and now they will probably take this ruling and appeal it adding more legal costs to this abomination of justice.

Anonymous said...

It appears that distinguished federal Judge Sanchez did not agree with the Brown-Scomillio doctrine that, if you don't like a law, you break it. And, why are the taxpayers shelling out hundreds of thousands of dollars for an illegal act which Mr. Scomillio committed when he was a private citizen? He was not a county official at the time he broke the law.

Anonymous said...

No one is "blaming" Mancini for not posting her position. But she certainly wasn't offended or concerned about this error and took full advantage of it. She is a hypocrite to whine about rules not being followed when her original appointment was the result of rules not being followed.

Anonymous said...

Really Bernie! Victor Scomilio is a stellar individual, good man, full of honesty and integrity. He will make a GREAT judge. Please don't turn this into another smear campaign, you should know better.

Anonymous said...

10:02 REALLY?

A stellar individual? He is the most arrogant attorney Northampton County ever had. He wasn't even a SOLICITOR when he arrogantly fired someone and now we are paying for his ARROGANCE! Ignore the law and violate someone's employment because of Arrogance! Your Brownstain attorney just got his ass kicked by a federal Judge and now his Brownstain Buddy wants to label him as good, honest, and has integrity. Go take a drug cocktail and sleep this one off. MURRAY has my vote and wins by a landslide. Brownstain and Scomillio are done in this County. Voters have had enough of this bullshit and abuse. Take a look at National polls for President, voters are fed up with the Bullshit of Arrogant Politicians who claim they are honest and do nothing but sneak around and play politics. Enough already with the SCOMILLIO Grandstanding. He is not Fit to be Dogcatcher!

Bernie O'Hare said...

I like Victor, but due process is the essence of what a judge does, and Vic failed miserably with Mancini. Who fires someone two days before Christmas? On the phone? It makes no difference how Mancini got her job.

Bernie O'Hare said...

8:01, is this all you can do? Anonymous smears. Your accusation is so ridiculous that I am leaving it up so his friends can get a laugh.

Anonymous said...

vigilante mindset by Brown and his cronies, completely delusional when it comes to their "beliefs" about whatever mandate they think they have. crass and unprofessional, unfit to serve the needs of the people. the sooner they are gone the better. the cost to the county should be borne by brown, allan, and scomiio and assessed to those who voted for their corrupt and inept and incompetent administration of county duties.

Dandy Lion said...

Glad Abe has finally come out, when will you do the same Bernie "Divine" O'Hare?

Anonymous said...

Voters are engaging in a google campaign to get some intelligent and honest backgrounds on candidates. This is a new national trend and local races are following this trend because of smear tactics used by politicians. Scomillio has now earned a poor grade and lack of judgement as a candidate. This race is not about what party you are affiliated with it is about who do you trust with a decision from the bench for your Mother, Daughter, Grandmother? I am bothered that Scomillio is now a "BULLY" Shame on him.

Bernie O'Hare said...

Dandy Lion, Tricia Mezzacappa, you are right about one thing. I'd rather join the other team than have anything to do with you.

Bernie O'Hare said...

10:42, who fires someone two days before Christmas and from his car?

Anonymous said...

Mancini was not fired two days before Christmas. She was just notified of her pending termination. She was given a months notice which is fair. I agree it should have been made face to face. That would have been far more professional.

Dandy Lion said...

O'Hares favorite type of smear involves santorum on the small of his back.

Bernie O'Hare said...

Mezzacappa, I'll leave this up so people can see how vulgar you are.

Anonymous said...

Yeah - signature illiterate and vulgar Mezzacappa. It is "O'Hare's", not "O'Hares". O'Hares would be several of the same family.

When you're cleaning bedpans to pay off debts and save up for your next car, English doesn't have to be your strength.

Anonymous said...

Al in all. $180k in legal fee's is retarded...

Anonymous said...

Sanchez is a Bush appointee, resulting from one of those political deals between Santorum and Specter. What is his party affiliation?

Bernie O'Hare said...

12:44, the ignorance betrayed by your comment speaks for itself.

Bernie O'Hare said...

12:54, if you are suggesting that he ruled the way he did bc he is a Dem, you are out of your mind. Federal judges are there for life, and have no reason to play that game.i think it's safe to say that he was offended by the manner in which Mancini was terminated. Vic clearly needs to learn a few life lessons and some humility before ascending into the judicial heavens.

Anonymous said...

Saying that a lifetime appointee is above his political affiliation is ridiculous. Just look at the highest court in the land.

Anonymous said...

Roberts and Kennedy are largely independent. The other seven (77.77% of SCOTUS) are highly partisan, despite their untouchable status.

Bernie O'Hare said...

Your suggestion of partisanship here, in this context, is what is ridiculous. This is not a ruling on Obamacare. It's a fairly straightforward violation of due process. A woman fired two days before Christmas. From Scomillio's car. I think many Rs will be offended by that behavior. Vic is not ready for a judgeship.

Anonymous said...

Gary W. Gorman writes...

I know who I am voting for in November, but like BOH, I can jinx elections (at least that is what happens sometimes so I won't mention by name), but he is the stand-up, honorable (pun) candidate who gets my vote...and he is well 'overdue' for this valued, trusted position.

Anonymous said...

go back to vodka , ohare, you are one sick and crazy stooge

Anonymous said...

Bernie, you are delusional if you think that county R's give a shit about Jill Mancini or how she was fired. Jill was one of the most blatently partison asst. Solicitors of all times. She flaunted her Democrat affiliations, getting caught three sheets in the wind at the Parsons victory party, and chugging champagne at Callahan's election night party. Her stupidity led to her downfall. Scomillio is a hero to his party and will crush your boy Murray in November.

Bernie O'Hare said...

Oh I see. Scomillio can deny due process to someone if she is in the wrong party. The only person who would accept that flawed interpretation of due process is another partisan.

Anonymous said...

So, let me see if I have this straight, 6:11 (Bernie, you are delusional if you think that county R's give a shit about Jill Mancini or how she was fired.)....you're saying that Republicans don't give a s**t about due process, the most fundamental basis upon which our Courts operate...all "the Rs" care about is having THEIR candidate elected, regardless of the obvious difference in experience, the latter of which means nothing when choosing our next County Judge. Interesting perspective.

Anonymous said...

Apparently yes with regard to those Republicans like yourself who refuse to see the harm caused by the arrogance, inexperience and poor legal incompetence of Scomillio

Anonymous said...

Anon 7:02 (aka Jill Mancini) oh how very frickin noble u are. Jill goes to the front of the line to be handed her job, without any concern for anyone else's due process, and now Scomillio is the devil. Makes perfect sense for the righteous Mancini and her pity army. Jill was afforded full due process under CS but lost her appeal and took it to court where she was able to bamboozle a jury with her son story. The county is better off with her mediocre talents off the payroll.

Anonymous said...

Sob story...

Bernie O'Hare said...

The fact that she was improperly hired is no justification for illegally firing her. Will "sob story" be part of Victor Scomillio when he rules against people who are hosed? By the way, Brown has already imported quite a bit of mediocre talent.

Anonymous said...

Brown has hired some very mediocre talent. Especially in the Dept. Of Administration. But not in the solicitors office.

Anonymous said...

What goes around comes around. Stop whining Jill and BO.

Bernie O'Hare said...

I'm not whining and am no pal of Mancini. I am simply pointing out the Vic Scomilio engaged in a fairly egregious violation of due process rights. Since a judge'e primary role is to ensure due process, this failure calls into question his abilities at this stage. he's fairly young, and appears to need more seasoning before deciding the fate of others. This lapse will, I am sure, be brought to the attention of voters and they can decide. If they want that kind of guy on the bench, they can by all means vote him in.

Bernie O'Hare said...

" But not in the solicitors office."

I'd disagree a bit. Brown has some excellent assistant solicitors, but the Solicitor himself is a debt collection lawyer with no real municipal experience. That was a terrible choice.

Anonymous said...

Agreed. But Longenbach was no Clarence Darrow either...

Bernie O'Hare said...

Agreed.

Anonymous said...

Who did Sam pay for consulting? Mike Fleck
Whose billboard did Sam have his face plastered on? Abe Atiyeh.
Love his judgement in who he associates with.

Bernie O'Hare said...

I am glad you mentioned this. Sam did us Fleck for the first two months of his campaign, and then fired him. It took him just two months to realize something was wrong with the guy. That, to me, is an indication of extraordinary judgment. As for Abe, there was no indication at the time that Abe was doing anything wrong. Even now, Abe seems more like a victim. This is a poor way to deflect attention away from Vic's real error regarding due process, as well as his complete lack of compassion.

Anonymous said...

Whom did Sam pay, whom he associates with, judgment.

WTF were you during English class?

Better get to bed if you need to get up tomorrow to walk to work. You'll want to be fresh for court on Monday.

Anonymous said...

You really think people have trust in your word? You went from a practicing lawyer to an internet blogger who lives in rental apt in Nazareth. How far you have fallen off the ladder.

This ad hominem attack coming from someone who never got to the first rung, is cleaning bedpans and living in mommy's house, and whose car is now owned by Bernie. It's better to have won and then lost, than be an ignorant twit.

Anonymous said...

Why didn't John Stoffa stop this entire job creation mistake in its tracks? he was aware and let it happen. Personal relationships were put of control on his watch. It was a disaster waiting to happen. he owns this nonsense.

Anonymous said...

Any woman who votes for Scomillio is a fool. He is a BULLY and has a record to prove it. I would not want to see a woman or be a female in front of him as a judge. BULLY as an attorney and now a BULLY as a WAMNNABE Judge. Brownstains choice as a candidate for judge is enough to creep me out!