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. 

NorCo "Comedy of Error... by BernieOHare