NORFOLK – The city on Thursday urged a Circuit Court judge to allow another lawsuit claiming that former Community Services Board employees failed to properly handle the case of a no-show worker.
Attorneys for four ex-employees argued that the case against their clients should finally be dismissed. “It borders on the frivolous,” attorney Tom Kelly said.
Circuit Judge Everett A. Martin, who dismissed most claims in the suit from the city, did not immediately issue a decision on whether to allow an amended complaint.
The city sued five former employees, including Jill McGlone, who stayed on the payroll for 12 years though she did not work during that time.
Deputy City Attorney Adam Melita argued Thursday that the city should be allowed to change its complaint and bring the defendants back into court. Melita acknowledged that the case could be nearing an end but said, “The CSB wants to make sure we’ve pursued every possible claim.”
Defense attorney Kevin Martingayle said the city wants to make a new case after the claims had already been dismissed. “It’s not fair,” he said.
Only McGlone remains as a defendant in the suit. She filed for bankruptcy in federal court this week. The action essentially halts any possible collection in the state case, lawyers said.
McGlone was hired by the agency in 1989 and worked as an office assistant in a methadone clinic until April 1998. She was suspended for allegedly bringing a box cutter on CSB property and later was accused of violating confidentiality rules by disclosing medical information, court records state.
McGlone continued to draw paychecks and benefits until May 2010, records show. McGlone has declined to speak publicly about the matter.
In April 2011, the city sued the five former CSB employees on behalf of the agency. The complaint sought $320,000, the amount of back pay McGlone was alleged to have collected while not working, the suit states. The suit charged that the CSB employees knew or should have known about her work status.
The judge dismissed claims against all the employees except McGlone. Martin said the allegations against the employees amounted to lapses in doing their jobs, but not fraud.
Martin also limited the amount the city could try to collect from McGlone to salary and benefits collected after April 2008. The city sought $44,497 in a court pleading this month.
Melita said Thursday that the city would defer the request because of the bankruptcy case.
Louis Hansen, 757-446-2341, louis.hansen@pilotonline.com
Jillian Nolin, 757-446-2326, jillian.nolin@pilotonline.com
By Jillian Nolin
The Virginian-Pilot
© August 17, 2012