Fired county worker sues to get job back
Butler County is being sued by a fired human services worker who wants her job back.
Jo Donaldson of Center Township, who was an Area Agency on Aging supervisor, on Monday filed a petition against the county for wrongful termination.
County Commissioner Bill McCarrier, board chairman, said he was disappointed with Donaldson’s decision to sue.
“It’s unfortunate we’re going to have to spend more money,” McCarrier said, referring to the county’s pending legal costs.
However, the county’s expenses may be mitigated. McCarrier said county solicitor Mike English should be handling the case, so special counsel should not be required.
Neither Donaldson nor her Pittsburgh attorney, Edward Olds, could be reached for comment.
Donaldson is not asking for a monetary amount tied to a specific reason, such as back pay or damages.
According to the petition, “She also requests such other relief as may be just and equitable under these circumstances.”
Donaldson is appealing a Feb. 20 decision by a county-appointed panel that upheld the firing. The court petition claims the Alternative Dispute Resolution panel disregarded evidence.
According to the civil petition, “The ADR panel made erroneous findings of fact that were not supported by substantial evidence. The panel also demonstrated a fundamental lack of understanding about Donaldson’s duties and obligations under the Older Adult Protective Services Act.”
While Commissioner Dale Pinkerton also supports the disciplinary action taken against Donaldson, Commissioner Jim Eckstein defended her.
“I’d like to settle this and come to an amicable resolution,” he said. “I don’t want this to go to court. I think she’s a valuable employee.”
Eckstein agreed with Donaldson’s petition that the panel made the wrong decision.
“They didn’t do their job very well,” he said. “Unless I missed something here, the county has a bad, bad case.”
Donaldson’s petition also alleges the three panel members, all human resources managers, were biased because they work for employers with ties to county government.
The panel members were Dick Cibella of Cranberry Township, Lynne Motyl of Slippery Rock University and James McKain of Penn United Technologies.
Messages left for all three panel members were not returned as of this morning.
McCarrier defended the panel’s composition, saying the county was required to select representatives from government, education and business under state Department of Public Welfare guidelines.
He pointed out Cranberry is likely the only municipality in the county with a human resources department.
McCarrier questioned how McKain, who works for a private company, would be tied to the county.
“How could he be prejudiced to the county?” McCarrier asked.
Pinkerton also disagreed with the claim of a biased panel.
“I don’t agree with that,” Pinkerton said. “That’s wrong. (All) of them are good honest people. I don’t think there was any bias.”
Eckstein again disagreed with his colleagues.
“I think the panel is absolutely biased,” he said. “I did not get to select a person.”
Eckstein alleged McCarrier and Pinkerton have support from Cranberry officials and are connected to big business in the county.
Eckstein also pointed to McCarrier’s seat on SRU’s board of trustees as tainting that panel seat.
As the protective services supervisor for AAA, Donaldson investigated claims of unsafe environments for seniors to eliminate abuse, neglect, exploitation and abandonment.
The county received a report on April 11, 2013, that an older woman with dementia was being left alone for long stretches.
The appeal does not state who the woman was or where she lived.
Donaldson visited the home on April 12. She determined the woman was unable to take care of herself, but was only receiving care four hours a day.
According to Donaldson’s petition, she learned the guardian, the woman’s son, deliberately cut the hours of care for his mother against a doctor’s recommendation.
After talking with the woman’s visiting daughter, Donaldson decided immediate action was needed due to the son’s alleged neglect.
According to the petition, “Donaldson decided that she did not have the luxury of a relaxed, laid-back investigation.”
The appeal states AAA solicitor Ronald Thomas agreed seeking an emergency guardianship was required.
County Judge Michael Yeager subsequently signed a court order to that effect.
The appeal states Donaldson was not obligated to inform the caregiver about the woman being removed from his care ahead of time.
Eckstein agreed.
“He’s the one who disobeyed the doctor’s rulings she should not be left alone,” Eckstein said.
In a June 2013 interview, Donaldson said the man threatened legal action to regain custody of his mother, so the county capitulated.
After a personnel hearing April 26, Donaldson was fired in a letter.
She said in June the county never told her what she did wrong, warranting disciplinary action.
The appeal states the panel disregarded evidence that Donaldson did not violate any department rules or policies.
Neither Beth Herold, AAA administrator, nor Carmine Scotece, director of county Human Services, could be reached for comment.
Donaldson was hired by the county in 2000 and promoted to her supervisory post in 2011.
The use of an ADR panel was necessitated by the county switching from civil service hiring to an internal merit-based system for human services employees.
Eckstein last week complained that the county was paying each panel member $250 a day, or $1,500 each for a total of six days, retroactively.
Only two of the six days were spent hearing testimony about Donaldson’s firing.
Donaldson’s petition claims paying the panel amounts to a reward for rendering a decision in the county’s favor.
According to the appeal, “It certainly creates the appearance of impropriety.”
Pinkerton said two panel members already refused payment for their service.
The arguments offered in Donaldson’s petition mirrored comments Eckstein made at last week’s commissioners meeting.
McCarrier and Pinkerton were not taken aback that the language in Donaldson’s appeal was similar to Eckstein’s speech.
“It doesn’t surprise me at all,” Pinkerton said.
Eckstein said he was not conspiring with Donaldson against the county.
“I talked to her,” he said. “We did not strategize. I knew the total details of the case. She briefed me.”
Eckstein admitted he contacted Donaldson after her firing.
“I called Jo Donaldson because I thought it smelled bad,” he said.
