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Schuylkill commissioners questioned over closed meeting

A Schuylkill County row officer on Wednesday questioned county commissioners about a closed meeting held to discuss information stemming from an investigation.

The investigation began in November into “data protection statutes and the improper use of third party information search software conducted by county employees.”

Clerk of Courts Maria T. Casey asked commissioners on Wednesday about the executive session.

First Assistant Solicitor/Risk Manager Glenn T. Roth Jr. replied the meeting was held so that commissioners could be given a report on the investigation.

At a Nov. 4, 2021, work session, commissioners agreed to retain the law firm of Eckert Seamans Cherin & Mellott LLC, Harrisburg, to advise the county about various data protection statutes and the improper use of third-party information search software conducted by county employees.

According to official minutes of that meeting, Commissioner Gary J. Hess asked to add an amendment to the motion, noting that the firm was also hired to make a full independent investigation into the actions of employees, and what, if any, discipline would be warranted under state employment laws.

His request was approved.

At that same meeting, Hess asked to table an agenda item listing two terminations in the Tax Claim Office until an investigation is completed by an outside source.

Hess and Commissioners’ Chairman Barron L. Hetherington agreed. Commissioner George F. Halcovage Jr. abstained.

Hess said the “issues surrounding the proposed terminations” were “very concerning” to him.

“They involve long-term employees who are facing severe discipline after filing a lawsuit against certain employees of the county,” he said, according to the meeting minutes.

Hess was referring to a federal lawsuit filed in March 2021 by four female employees who say Halcovage sexually harassed them since taking office in 2012, accusations he denies.

The women are not identified in the suit, which was amended to include employment actions involving two of them subsequent to the filing of the suit.

“I do not want to make a decision that is detrimental to the county,” Hess said. “I know an internal investigation was performed; however, it was performed by people who are parties to the lawsuit,” he said.

“I am in 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 said, according to the meeting minutes.