Schuylkill County commissioners tabled the firing of two women in the tax claim office last week.

Listed on the personnel action report were Angela Toomey, the tax claim director, and Denise McGinley-Gerchak the assistant director.

In making the motion, Commissioner Gary Hess said he wanted research done by an outside entity before action is taken on their employment status.

Hess said, “The issues surrounding the proposed terminations are very concerning to me. They involve long-term employees who are facing severe discipline after filing a lawsuit against certain employees of the county. I do not want to make a decision that is detrimental to the county.”

Hess added, “I know an internal investigation was performed, however it was performed by people who are parties to the lawsuit. I am no way attacking the integrity or credibility of the employees who did the investigation but believe that an independent entity needs to be hired to perform an independent investigation. I want to make sure the employees are afforded due process and that any adverse employment decision is in no way retaliatory against the employees. I also believe that an independent investigation will protect the employees who performed the investigation.”

Hess voted to table as did Chairman Barron “Boots” Hetherington.

Commissioner George Halcovage Jr. abstained from voting, “upon advice of counsel and due to a conflict of interest.”

The tax claim and tax assessment offices were restructured in March. Toomey had been the chief assessor in the assessment office and tax claim director. McGinley-Gerchak was the assistant director of tax assessment/claim before the changes. Toomey had been making $68,852 prior to the switch. McGinley-Gerchak was making $47,057.

At the time, Hetherington and Halcovage voted for the transfers, Hess voted no, saying they were demotions not transfers.

Prior to the motion to table, commissioners voted to approve and authorize the county to retain the law firm of Eckert Seamons Cherin & Mellott LLC for the purpose of advising the county pertaining to various data protection statutes and improper use of third-party information search software conducted by county employees, per the agenda.

Hess added to that “the firm is also hired to make a full, independent investigation into the actions of employees and what if any discipline is warranted under Pennsylvania employment law.”

Hess mentioned the name of the firm when speaking about tabling of the two employees.

Two female county employees were suspended without pay in September. Commissioners have declined to discuss the suspensions. However, a letter dated Sept. 17 from county administrator Gary Bender addressed to Jane Doe 3 and Jane Doe 4, two of the four unidentified women who filed a federal lawsuit against Halcovage for his alleged sexual harassment of the women, says the two women are being suspended without pay, pending investigation as of Sept. 20. Other defendants are also named in the suit filed in Middle District Court. An amended complaint was filed Oct. 29.

“This action is being taken as a result of possible violations of the county’s computer network and internet access policy and the executed agreement for the software system LexisNexis Risk Solutions when you allegedly utilized the software system for personal reasons,” the letter states.

Maria Casey, clerk of courts, asked at the end of the meeting why the termination of Toomey and McGinley-Gerchak was even on the report.

“What lawyer is advising you to do this?” Casey said.

She said it is “outright bullying” and warned the county is going to spend money on the investigation by the firm hired that will prove the women “did nothing wrong.”

Dolly Malec, a resident, thanked Hess for “standing up and doing the right thing and always every time I’ve known him doing what is right for the citizens of this county putting them before any of his own agendas.”