WILLIAMSPORT - Northumberland County Commissioner Vinny Clausi and former commissioner Merle Phillips filed a motion last week in federal court to dismiss an amended complaint filed against them by former county chief clerk and assistant solicitor Kymberley Best.
In their motion to dismiss the complaint, Clausi and Phillips claim immunity. They also state that Best failed to show that her proposed code of civility for the county was a matter of public concern and that she can't compare pay for her former job to the pay received by current chief clerk Gary Steffen and assistant solicitor James J. Rosini.
The motion also states that allegations of Best having a sexual relationship with an attorney on county time was not an announced reason for her termination.
In December, Best filed an amended complaint in federal court claiming Clausi repeatedly made false claims that she had sex on the job with her close friend, Attorney Timothy Bowers.
In the amended complaint, Best said Clausi repeatedly informed the county commissioners and department heads that she was engaging in sexual relations with Bowers on county time.
Bowers represented the county in a lawsuit filed by fired deputy sheriffs Michael Boris and Joseph Jones, while Best was serving as chief clerk and assistant solicitor. Bowers also served as county solicitor from April 29, 2010, to Sept. 3, 2010, and conducted contracted legal work for the county before launching an unsuccessful campaign this year for Montour County district attorney.
Best, who was defeated in November in her quest for magisterial district judge in Sunbury, filed the amended complaint in U.S. District Court in an attempt to resolve problems cited by U.S. District Court Judge Yvette Kane, who dismissed Best's wrongful termination and defamation lawsuit filed against the county and Clausi and Phillips.
Best had 20 days after Kane's dismissal of the suit on Nov. 30 to amend her complaint to provide factual allegations to support her claims.
Also new in the amended complaint is a claim by Best that she proposed a code of civility as a private citizen during a March 15 public commissioners' meeting because the county was beset by poor employment/employee relations that was resulting in costly lawsuits due to arbitrary terminations and bad publicity for the county.
Best said she proposed the code of civility as a way to restore the public image of county government, increase the effectiveness of local government and avoid costly lawsuits in the future.
She also cited the hirings of Steffen as chief clerk and Rosini as assistant solicitor at salaries of $48,573 and $33,133, respectively, as being discriminatory because they were granted higher pay for their positions than she received.
Best, who is seeking unspecified damages in excess of $75,000, alleged that Clausi and Phillips retaliated against her, conspired to fire her, demonstrated pay discrimination, violated her due process rights and violated the state Whistleblower Law.