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Nazareth, Pa., United States

Wednesday, October 14, 2020

NorCo's Handling of Employee Called "Comedy of Errors" By Outside Judge

Northampton County's Court of Common Pleas is what is known as a court of record.  Every word uttered is taken down by a stenographer, who usually uses both a machine and a recorder to get it right. Transcripts, once prepared, are then reviewed and approved by the courts. These stenographers are called court reporters, and Jean Genova has been one of the best. Unfortunately, in what Judge Emanuel Birtin called a "comedy of errors" by Northampton County, she was very nearly excluded from obtaining lifetime health benefits when she retires. The Judge even found, in an exhaustive 63-page opinion, that the County "stonewalled" her requests about her retirement package. What the County failed to realize is that court reporters become very familiar with good lawyers. Genova retained Steve Goudsouzian, one of the best. She's also a fighter herself, given that her late father was the one and only Charlie Spaziani, former District Attorney and counselor to none other than the Easton Assassin himself, heavyweight champion Larry Holmes. After a four-day trial in front of Judge Birtin, he's issued an order declaring she is entitled to lifetime health benefits when she retires. He's even pondering a sanction of attorney fees against the county for its bad faith in this matter. 

Judge Birtin is a Senior Judge from Montgomery County, and was brought in to handle this matter because the Northampton County bench is obviously conflicted. 

Attorney Brian Taylor did his best for the County, but you can't shine shit. 

Genova first started working for the County as a court reporter in 1981, at the young age of 21. In 1990, she left full-time employment with the county so she could raise her baby girl. For the next 18 years, she worked part-time with the county and also was an independent contractor for depositions and zoning hearings. She was happy and making more money than if she had continued as a full-time employee.

In the meantime, the courts were experiencing a shortage of court reporters, and even had to cancel some proceedings. Because Genova was known to be "very competent, efficient,professional and well-liked," the courts began tempting her to return.

She agreed to return, but only if she was extended the same lifetime health benefits as a retiree that she would be entitled to if she had never left. Then Court Administrator James Onembo told her he would see what he could do. He later told her "It's a go" after speaking to the County's Benefits Administrator. 
Genova and her husband met with the Benefits Administrator as well, and were assured she would be extended the same lifetime health benefits she would have had she remained with the County since 1981.   

All was well until Genova reached retirement age and began making inquiries. According to Judge Birwin, she was "stonewalled." He notes the "County did not respond to inquiries, gave inaccurate or conflicting direction and ignored prior actions." 

A perfect example of this is when Human Resources Director Elizabeth Kelly told Genova to get some documentation to back up her claim. She did. She sought and obtained a letter from the former Court Administrator.  Then she was told the documentation was insufficient. 

Kelly told Genova to take the matter up with the Retirement Board. But when she tried to do so, she was rebuffed. County Solicitor Melissa Rudas responded that since Genova was not yet retired, she could not go before the Retirement Board.

After this, someone from the County placed her matter on the agenda of the Retirement Board anyway. No one bothered to notify Genova or her attorney.  Then Executive Lamont McClure directed that the matter be taken off the agenda. 

Fiscal Affairs Director Steve Barron got mixed up in this morass as well. He actually told the court he was the "decision maker" on Genova's denial. But when he was deposed, he had yet to review her file. Even at trial, he said he had yet to look at her file. In fact, the only time he was present at the trial was when he testified.

The Court was miffed that, "during the whole trial, no one was present for the County other than their own Solicitor.  While Genova was fighting for the benefits she had earned, the County did not even have a representative at the trial."  It was even more miffed that, throughout the course of a four-day trial, the County offered no real justification for reneging on its agreement with Genova. She justifiably relied on the apparent authority of the Court Administrator and Benefits Administrator. And she has been forced to continue working because she is unwilling to accept anything less than what her contract requires.   

Executive Lamont McClure called the ruling "clearly erroneous and contrary to the weight of the admissible evidence and controlling statutory and case law." But he softened his tone by adding that "Ms. Genova had no idea that Jim Onembo [the Court Administrator] had absolutely no authority to grant her these benefits."

McClure went on to say these "special arrangements are very bad government. Since taking office we have not entertained any such arrangements and we will continue to resist them at every turn."

I agree, but that's no justification for rejecting a binding contract made before he got here. And it's abundantly clear that the County utterly failed in the way it handled the concerns of a loyal and long-time employee.  So clear that the County is now facing possible sanctions. 

43 comments:

Anonymous said...

No one should be surprised by the Administrations position on this issue. They have shafted their retirees and employees for years and no one takes their part because they fear repercussions from the administration. Doesn't anyone have the backbone to do what's right and take on these thugs who run rough shod over their employees and retirees. Help us. Please. doesn't anyone care?

Anonymous said...

Like Foxes in charge of the hen house, the county is overrun with Lawyers running the administration. All the gobbldeegop is just trying to say. "not me". At least we know why Liz Kelly, "sought other opportunities".

Anonymous said...

Not questioning the verdict, but why did this trial take four days, especially since the County was seemingly presenting very little evidence to support its case.

Anonymous said...

Not the first time McClure did this since his reign. He is costing the County taxpayers a lot of taxpayer money in lawsuits. Get rid of him. Thank you Bernie for once telling how the County is treating the employees since McClure's reign!

Anonymous said...

I guess we know why Liz Kelly is no longer at the County. Now when is Rudas gone!

Bernie O'Hare said...

No, you don't. Liz Kelly's departure has nothing to do with the mishandling of this case bc the county did not think it mishandled anything. Of course, it did. I get the idea of refusing to make special arrangements, but it has to honor binding contracts previously negotiated.

Bernie O'Hare said...

1:38, It is by no means unusual for a non-jury trial like this to extend over several days. I have seen this several times when senior judges are brought in from other counties. They usually start a bit later and leave a bit sooner than more local judges. Moreover, Steve Goudsouzian is a careful lawyer who develops very complete cases.

Anonymous said...

Guess your love affair with Barron von Footinmouth is over. His fundamental laziness was on full display in this case. His co-workers considered him an opportunist political hack when he was Controller. He's pulling in a six figure salary while staff in the Financial Affairs office do all the work.

Bernie O'Hare said...

12:16, There is no doubt in my mind that the county's handling of this case is, as the Judge called it, a comedy of errors. There is also no doubt in my mind that Genova was stonewalled. Her matter was handled very poorly at all levels. But I reject the assertion that county officials are thugs or that they run roughshod over employees. I believe that, for the most part, county officials have tried very hard to be pro-employee. I have heard nothing but good things about Liz Kelly, except for this interaction. I know that Barron cares deeply about the employee bc I have had numerous conversations with him about them. Missy Rudas knows the county government about as well as anyone and is generally right when she said the retirement board is for retirees. But not completely. She was apparently unaware of the specifics involving Genova. McClure took the Genova matter off the agenda bc he was misinformed about it (see the opinion). Though I believe Genova did make a deal with Onembo, and the court found he was credible, these county officials obviously did not find him credible at all. I get the disdain for special arrangements. But there were several others besides Onembo who confirmed this previously negotiated contract. Plus Genova herself has an outstanding reputation and her word alone would be enough for me. It was idiotic to resist this and the county should never go to court without a representative to sit at the people's table.

Bernie O'Hare said...

6:13, I disagree with the assertion that the McClure administration is engaged in numerous lawsuits. If anything, McClure has tried very hard to avoid litigation. I believe his administration is involved in far fewer lawsuits involving employees or other branches of the government than Brown or Stoffa. I am going to check that, but that is my impression.

Anonymous said...

So the judge thinks the county came to court with nothing, and you note one witness was unprepared for deposition or trial. Do you think this was incompetence, or a defense strategy because the county knew it had nothing ?
Looks like the judge thinks the county knew it had nothing, which is why he's thinking that sanctions may be warranted.
I had to look up Brian Taylor to identify him as an assistant solicitor. Isn't the management of this case ultimately the responsibility of Solicitor Rudas? And who do you think in the county administration made the decision to litigate this and not settle?

Bernie O'Hare said...

Steve Barron is one of the hardest working county employees I know, and his innovations have saved the county a great deal of money. His co-workers in the Controller's office disliked him at first, but that changed as Steve evolved and matured. He was an excellent controller and is an excellent Fiscal Affairs Director. I do not excuse the way he handled this matter, and he should have been far better prepared than he was. It is obvious to me that the county mishandled this problem on all levels, and they were rightly taken to task.

Bernie O'Hare said...

8:34, The decision to litigate this instead of settling ultimately lies with the Executive. Settling in this case means folding, not just settling. Yes, the management of the case is the responsibility of the Solicitor. I'd agree with the judge's conclusion. This was a comedy of errors. Just about everyone screwed up, at all levels. Though the judge is considering sanctions, I think what he's really doing is pressuring the county to wake up and honor its word. It may very well be that this was a "special arrangement" and McClure may dislike these, but someone needed to tell the county that this was going very badly. If the county had someone sitting at the table in the trial, this person could have told McClure the county was going to hell in a handbag. Plus the court was obviously insulted by this lapse.

At all levels of government, officials need devil's advocates who will tell them they are full of shit. The Catholic Church has a devil's advocate who will raise every possible objection when someone is considered for sainthood. Leaders like McClure need people in his cabinet to tell him when he's full of shit, which he was in this instance. You see this in all levels of government. Executives, Governors and Presidents tend to surround themselves with sycophants instead of people who tell them what they don't want to hear. I have to criticize myself as well for not familiarizing myself with this case and writing about it sooner. The absence of coverage makes things like this possible.

Anonymous said...

This is three WOMEN to my knowledge that sued the County. What is wrong with that.

Anonymous said...

To parafrace a "Nazareth" choice of words, the County should "Suck it up Buttercup"

Bernie O'Hare said...

Two of the three women who have sued started their lawsuits under prior administrations.

Anonymous said...

I had to sign a contract and when mcclure came and he let go of staff hired by brown I did not get the vacation promised in the contract. The contract they made me sign. So much for fairness and decency.

Anonymous said...

Since this calculated "Comedy Of Errors" purposely required the employee to exhaust her personal funds to hire an attorney, only to have the Court determine that McClure's Administration abused it's authority, the County should be required to pay Ms.Genova's legal fees.
McClure regularly describes himself as "pro employee". The record speaks for itself!
He did not even have the respect to appear at the trial or require a representative from his administration to do the same.
Pay this lady's legal fees and let her move on.
The true test is to how much additional taxpayer money will be used abuse an employee
who has dedicated a good portion of her life to the County.

Bernie O'Hare said...

"I had to sign a contract and when mcclure came and he let go of staff hired by brown I did not get the vacation promised in the contract. The contract they made me sign. So much for fairness and decency."

The staff he let go were the exempt employees, not career service. Those are people who would have every reason to knife him in the back. As for signing a contract, this post should make clear why that is a benefit to you. If Genova had a signed contract, there would have been no issues and no lawsuit.

Anonymous said...

10:14 Those women obviously did there job if hired and kept by prior administration. No reason to let them go.

Anonymous said...

Doesn't anybody in Administration stop to realize how much money the County would be saving by allowing Ms. Genova to retire? If they would have honored the agreement and allowed her to leave without a fight, they would not have accrued fees to pay an outside judge, an outside court reporter, and expedited transcript fees from that reporter. That amount would no doubt have equaled, or at least come close, to the amount of the capped health care benefits at issue! And let's not forget that once Ms. Genova is no longer employed, her top-of-the-scale salary goes along with her. The County can then be free to hire a new court reporter at a lesser salary; again saving money. The money here is being wasted on the wrong things, and the taxpayers should take umbrage at that fact. Sometimes it's the little things, like doing right by an employee, that certainly would make the County Executive looked upon more favorably.

Anonymous said...

2:42 PM And that is only one law suit. Imagine how much more they are wasting on other lawsuits.

Anonymous said...

Exactly right 2:42 PM but they are arrogant.

Anonymous said...

Career service employee bernie

Anonymous said...

'My way or the highway McClure' will never allow a difference of opinion. His lieutenants are tasked with pushing long time career service people out so he can replace them with his
favors. He has made it hard for retirees with healthcare by refusing to even consider cases of problems.

There is no press and a muzzled county council of bubbleheads. You spend yore rime fawning all over him and his boys. Why should he worry. He loves to fight. When you are always right you are never wrong!

Truth said...

I wonder how much it cost to hang that George Floyd picture saying, I can’t breath in the halls of the county courthouse

Anonymous said...

Bernie, do any of the ones trying not to hold up the county's end of the bargain sit in two counties? From my experience one fluffs the others feathers behind closed doors.

Anonymous said...

Bernie deletes what he and his friends do not think appropriate. Both he and Steve Barron swing together!

Bernie O'Hare said...

"I wonder how much it cost to hang that George Floyd picture saying, I can’t breath in the halls of the county courthouse"

I was informed of and sent a copy of this picture, but I could not locate it. Can you tell me where it is? Given that people are voting at the courthouse, that poster is inappropriate.

Bernie O'Hare said...

"Bernie deletes what he and his friends do not think appropriate. Both he and Steve Barron swing together!"

I deleted no comment submitted for this story.

Bernie O'Hare said...

"Bernie, do any of the ones trying not to hold up the county's end of the bargain sit in two counties? From my experience one fluffs the others feathers behind closed doors."

I have no idea what you are trying to say. Do you?

Anonymous said...

It is well known in the courthouse that McClure is in complete control;. The innuendos from his guys make it clear you can be tossed in a minute. People are told outright not to talk to county council people. He is not pro employee. Quite the opposite. He sees council as an annoyance to be controlled or ignored. You were assigned to Barron.

You have dropped the ball on this administration and they love your constant attacks on council and any who oppose his positions. Time to change the form of government in Northampton county.

Anonymous said...

The ones that quashed there henious criminal acts against this fine lady until the case was seen in a different venue! The whole of the valley is one criminal act acting as a whole that makes it all one big fucking conflict of intrest!
Simply put for you to understand bernie.

Bernie O'Hare said...

7:36, Actually, your poor grammar and spelling makes it hard to understand you.

Bernie O'Hare said...

7:01, This story has NOTHING to do with Council and pretty much takes a shot at everyone in the McClure admin. I am certainly critical of Council bc they are pretty bad.

Anonymous said...

Was anyone on county council aware of this situation and if not. why not? Why do yo think council is so bad? They seem to do what ever McClure wants them to do.

Anonymous said...

"McClure need people in his cabinet to tell him when he's full of shit,"

You obviously don't know Mr. McClure. His people won't pass wind without his permission.

Now that is fumy Mr. O'Hare!

Bernie O'Hare said...

If you want to know why I think Council collectively is bad, read this blog. I've written enough about them. I do think some members are very good. Giovanni and Myers seem like decent guys, but it is too soon to rate them. I would rate the rest as follows: Cusick (knows coiunty inside out, but a bit anal); Heckman (very knowledgeable, but talks too much and tends to be insulting); Lott (is pretty much on the money on most issues); McGee (very quiet, seems compassionate, can't read to save his life); Heffner (hard-working, but a bit mean at times); Peg (wonderful lady, phoning it in until her term expires); Zrinski (divisive, untruthful).

Of the new guys, I like Kerry's passion and Giovanni's silence.

Anonymous said...

This reeks of the administration wanting to blow the Plaintiff off - instead of realizing a contract was in fact made with her and must and should be honored. I am very disappointed in Executive McClure in this instance.

Anonymous said...

Contracts mean nothing to him.

Anonymous said...

Genova is a county employee and she is no different than any other county employee. The agreement she reached with Mr. Onembo is not valid. She is paid by the county and not the courts. In order for the agreement to be valid, the agreement would have to be signed by the former county executive at that time and placed in her personnel file which is non existent. Even the former benefits administrator Mr. Lasko could not authorize lifetime benefits without the county executive's approval. Shame on the county for not being prepared on this case and wasting taxpayer dollars.

Bernie O'Hare said...

Um, this agreement was endorsed by the county benefits administrator. Onembo acknowledged he had no authority to bind the county and that is why he went to the benefits administrator. After he approved it, Genova and her husband met with him twice. He had apparent authority and she justifiably relied on it. This was a valid contract and a matter of hornbook law. The judge could have chosen to disbelieve Genova but she is very truthful and her word alone should have sufficed. The county’s opposition here was foolhardy. It’s a case they could never win, compounded by very poor preparation and conflicting messages.

Anonymous said...

I'm glad she fought. Not everyone does. Mine wasn't worth the hassle and having to deal with the corrupt and the repercussions. Good for her. Thank u for the facts too