Major accusations at DFS.. Countys leaders, lawyers tangle Trade accusations in face of potential lawsuit By Dan Hust - staff writer MONTICELLO — A battle between two top officials in Sullivan Countys Division of Health and Family Services is spilling into public view. Both Commissioner Randy Parker and Senior Family Services Attorney Colleen Cunningham have retained attorneys and filed legal paperwork alleging improprieties. And the entire situation appears related to the investigation the County Legislature has mounted regarding a series of whistleblower complaints. Cunninghams allegations According to documents obtained by the Democrat, Cunningham is warning that she may file suit against Parker and the county, alleging that her Civil Service and Constitutional rights were violated. Cunninghams notice of claim (the prelude to a potential lawsuit) alleges that in April 2013 she informed Parker that two Division employees witnessed child neglect by a parent but failed to report their observations, despite the laws requirement to do so. She warned Parker that their failure to act could compromise the safety of the child and endanger the county legally. Cunningham then requested a formal investigation and whistleblower protection. (Neither the employees nor the specific “neglect” are identified in the notice of claim.) Since that time, she says shes been retaliated against by Parker. Cunningham alleges that Parker caused her to feel humiliated, stressed and upset. She accuses him of getting the county to hire a managing attorney in order to strip her of her longtime supervisory duties and independent judgment abilities, that he searched her desk and personal items, and that through the managing attorney he is micromanaging her job. These actions, Cunningham alleges, are aimed at forcing her resignation or creating a basis on which to fire her and/or abolish her position. Cunningham is scheduled to have a private hearing with county officials today, where she will be questioned and will subsequently decide whether to actually mount a suit. Parkers allegations Shortly after Cunningham filed her Notice of Claim, Parker hired an independent attorney to represent him (at county expense, per the law), as Cunningham had done. Parker had just filed a whistleblower complaint against County Attorney Sam Yasgur and maintains that Yasgur is too close to Cunningham and her family. For example, Parkers predecessor - Cunninghams brother Chris - was part of the Legislature when it unanimously hired Yasgur as county attorney. And based on Yasgur himself citing a conflict of interest in representing Parker, Parker believes that the county attorney is actively trying to thwart his defense. “Because of a personal animosity demonstrated by Yasgur against me, and his apparent favorable disposition toward Colleen Cunningham,” Parker wrote in an affidavit to the court, “a conflict between us exists to the extent that I should be able to be represented by my own counsel - not Mr. Yasgur.” Parkers attorney, Gerald Orseck, in a court filing alleges that “it appears that Yasgur wants to somehow help Cunningham throw Parker to the wolves, or to inappropriately attempt to exonerate the county from any liability to the detriment of Parkers statutory Public Officers Law §18 rights.” Yasgur, in a response filed with the court, denied such, saying hes friendly with Cunningham but has never socialized with her (apart from buying pumpkins at her farm). Yasgur added that he “has maintained a cordial but arms-length relationship with Ms. Cunningham and Ms. Gould [her attorney] concerning the Notice of Claim.” Related to investigation? Orseck subpoenaed both Yasgur and County Manager Josh Potosek, plus demanded that nearly 40 letters written to Potosek be provided to him. The letters, wrote Orseck, complain about Parker, and he believes they were the basis of the hiring of an investigator and law firm by the Legislature last month for $175,000. Orseck also believes the letters are part of “an inappropriate, and illegal, smear campaign” mounted by employees who themselves are under investigation for fraud. “Upon information and belief,” he wrote, “these letters are of similar structure and language and were submitted along a specific time period; in short, they bear all the markings of a coordinated campaign to smear Parker.” Orsecks requests denied In a hearing Wednesday, Yasgur and Orseck battled it out in front of Supreme Court Judge Stephan Schick over the following issues: • Orseck wanted Yasgur replaced by an independent attorney to represent the county, but Schick agreed with Yasgur that the county is by law entitled to its own choice of representation • Orseck wanted the right to participate in todays Q&A of Cunningham, but Schick would only permit him to observe the meeting • Orseck wanted an order requiring the county to allow him to interview whatever county employees he wanted, but Schick - again agreeing with Yasgur - said Orseck would first have to notify Yasgur. Orseck had already spoken with legislators Cindy Gieger and Alan Sorensen without Yasgurs prior knowledge, prompting Yasgur to accuse Orseck of violating the Rules of Professional Conduct for attorneys. • Pointing out that Potoseks secretary, Heather Brown, is Cunninghams niece and that Chris Cunninghams wife Renee is employed in the countys Audit Department - both of whom would ordinarily have access to bills submitted for payment - Orseck wanted his legal bills to be handled without their or Yasgurs involvement. Yasgur argued that would be giving Orseck special, preferential treatment and that the bills are subject to public disclosure by law - meaning anyone could file a FOIL request to see them. Schick agreed, telling Orseck simply to redact any confidential or otherwise sensitive info on those bills. • As part of Schicks decisions, the subpoenas Orseck put on Yasgur and Potosek were quashed. More coming Wednesdays court hearing, however, was not the end of the matter, as Cunningham may choose to mount a lawsuit and Parker is aggressively pursuing his case. Indeed, Orseck told Judge Schick that his office is preparing a RICO (Racketeer Influenced and Corrupt Organizations) civil complaint. - See more at: scdemocratonline/webpages/newsdetail.aspx?id=590388d5-e726-4cb7-9b04-d2bddd36b135#sthash.eiMQ8BY7.dpuf
Posted on: Fri, 11 Jul 2014 12:46:45 +0000
Trending Topics
Recently Viewed Topics
© 2015