WILLIAMSPORT - A second amended complaint filed in federal court by former Northumberland County chief clerk Kymberley Best reinstates allegations of sexual discrimination and harassment and retaliatory firing into her federal lawsuit against Northumberland County Commissioner Vinny Clausi and former Commissioner Merle Phillips.
The Oct. 19 filing now brings four counts in the suit originally filed in May 2011 following Best's termination as assistant county solicitor and chief clerk.
Throughout the life of the suit, the only counts originally remaining were her charges of retaliation for exercising her First Amendment rights when she spoke during a public comment period at a commissioners' meeting on March 15, 2011. Best spoke about endorsing a code of civility in the county and a violation of the Pennsylvania Whistleblowers law in dealing with air quality problems and damage to the glass dome on the second floor of the Northumberland County Courthouse.
In filing the new complaint, Best's attorney, Amy R. Boring of Williamsport, a member of the same firm as her previous attorney, Michael J. Zicolello, adds charges previously filed in Best's complaint with the Pennsylvania Human Relations Commission (PHRC) and the Equal Employment Opportunity Commission.
"We have exhausted all of our claims with the PHRC," Boring said Thursday, "so we can now add the allegations to the suit."
A spokesperson in the PHRC's communication office said that the investigation into Best's complaint was started Sept. 30, 2011, and is still considered an open investigation.
Best was hired as assistant solicitor in January 2009 at a salary of $33,133 and was promoted to chief clerk in January 2010 at a salary of $35,568.
In her second amended complaint, Best reiterates her previous claims of Clausi treating her in a hostile, demeaning and intimidating manner. She claims the commissioner deliberately and violently knocked papers off her conference table, followed her around the office, commented on her clothing and hair, and ordered an employee to follow her around to catch her doing something wrong.
During the meeting on March 15, 2011, Best said the county was beset with poor employer/employee relations that were resulting in costly lawsuits due to arbitrary terminations and bad press for the county. In her capacity as a private citizen, Best said she proposed a 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.
The amended complaint claims Clausi encouraged the firing of Best at the meeting on March 15, 2011. The complaint states Best's firing by Clausi and Phillips took effect March 18, 2011.
Gary Steffen was later hired as chief clerk at a salary of $48,573, while Attorney James J. Rosini was hired as assistant solicitor at a salary of $33,133. Rosini, who was killed in an auto accident Feb. 8 in Everglades City, Fla., was succeeded by Attorney John Muncer at the same salary.