Both sides issued statements Wednesday after Schuylkill County Commissioners split on a vote to fire Tax Claim Director Angela Toomey and Assistant Director Denise McGinley-Gerchak for allegedly using sophisticated county search software to look up personal information on hundreds of people and exposed residents’ information.

Employees’ response

Attorney Catherine W. Smith, of the Derek Smith Law Group, who represents Toomey and McGinley-Gerchak, responded on behalf of her clients.

“Since the county continues to attempt to discredit and/or silence these victims through intimidation tactics, these women would like the public to be aware of the following regarding the distorted information provided at today’s meeting:

“Ms. Toomey and Ms. Gerchak utilized all third-party database software in a professional and responsible manner in order to discharge the duties of their offices. The offices that they supervised are responsible for tasks related to current and delinquent tax collection.

“The searches conducted were related to mailings returned undeliverable for 9,000-10,000 annual courtesy letters; certified entries of claim; upset sale certified mailings, address searches related to the posting of properties prior to Upset Sale; 10 day letters mailed prior to Upset Sale; Sold letters sent after tax sales; property owners, lien holders, interested parties related to judicial sales; searches for distributees of tax sales; searches for heirs or interested parties of decedents; administrators or executors of estates, verifying information of bidders at tax sales; used when map viewer was not available; used to verify address information of current year bills; used to determine if owner held property outside of the county to assist out of county sheriff offices during judicial sale prep; used to assist sheriff department on occasion when they needed to provide personal service; used to assist municipal authorities when determining appropriate liens to include in Upset price and various other work related reasons.

“We believe the county’s decision to discipline these two women is not related to any specific issue(s) that arose because of their use of third party database tool. Furthermore, we question the county’s ‘investigation,’ given than it did not so much as include interviewing the two women accused to learn about their job duties, responsibilities, and reasons and justifications for the searches conducted. As such, we believe that it is purely retaliatory and in an effort to eliminate their presence from the county due to their continued opposition to the county’s unlawful behavior.

“Despite the unprecedented unpaid six-month suspension that the county has subjected my clients to, they will continue to oppose the unlawful behavior of the county administration in an effort to rid Schuylkill County government of toxic workplace culture. The women of Schuylkill County deserve respect and deserve an environment in which they feel empowered rather than silenced. The county has neglected to follow county policies and procedures and have neglected to uniformly apply them. We look forward to continuing our fight for justice, not only for ourselves but for the residents of Schuylkill County who deserve law abiding leaders. My clients and I appreciate the incredible support and encouragement they have received throughout this process. My clients and I look forward to presenting their claims in court.”

George F. Halcovage Jr.

Commissioner George F. Halcovage Jr. said, “Going back as far as 2013 and even more currently, these employees accessed sensitive personal information of my wife and me, as well as our families, neighbors and associates. This information includes dates of birth, Social Security numbers and driver’s license numbers along with other information. On me, this occurred on three separate occasions.

“As you can see by the just less than 9,200 credit monitoring letters that will be sent out, and the corresponding costs for those letters and credit protection, this is a hit to the taxpayers at the present time of up to $277,894 with additional costs probably anticipated in the future. It was determined that many others were looked up for no legitimate reason.

“Commissioner (Gary J.) Hess has received the same information we have received and it is concerning that, even though it is clear what the independent investigation had determined, he still wants more investigations that will set back the county even more. Again, I am the only commissioner that was accessed and will have to deal with that accordingly.”

Gary J. Hess

Commissioner Gary J. Hess said, “This decision has not been easy. I have spent many weeks and sleepless nights thinking about this issue. I want to be fair to all involved.

“I am being asked to vote in favor of termination of two long-term employees of the county for alleged improper use of computer software. With the pending litigation that has been filed, related to harassment in the workplace, terminating these two employees at this time could be considered retaliatory and further expose the county to liability in the ongoing lawsuit. I do not believe I have seen sufficient information to prove that these two employees used the computer for the intent to use any personal information observed, to steal identity or money from anyone.

“The alleged violations have been going on for many years and there has not been one complaint that private information was stolen or financial loss sustained by any information that was observed by these to employees.

“I agree that there may have been certain instances where the employees may have used the computer system to obtain information such as addresses of people for their personal use. These women have been suspended for several months now without pay. I feel like they feel that they, like others, deserve due process.

“I’m very cautious out of concern for the county interest. I also want to ensure the protection of any individuals’ personal information that may have been observed. However, I have seen no evidence that any search was performed to obtain personal information to harm anyone’s personal identity or financial harm from them.”

Barron L. Hetherington

Commissioners Chairman Barron L. Hetherington said, “The underlying issues related to the position action request today to terminate to county employees first came to the county’s attention in August 2021.

A third-party computer service provider reported access to the computer platform from an unauthorized device.

“Fearing a cyber attack occurred, the county administration immediately engaged in a thorough investigation and determined two county employees had conducted over 300 unauthorized searches of individuals.

The county administration recommended twice that termination action should occur, both on Sept. 12, 2021, and in November 2021. However, on both occasions, at the request of Commissioner (Gary J.) Hess, the action was tabled for further investigation. The investigation determined that the unauthorized searches resulted in computer display an access by these two employees of specific personal identifiable information of over 9,000 individuals. Furthermore, the individuals affected including people from all 50 states in addition to Washington, D.C., and Puerto Rico.

“Today, the board of commissioners took action to engage the services of a firm to notify the individuals who are victims of these unauthorized searches and offer them credit monitoring. We currently have no direct knowledge that any information accessed was used to the detriment of any of the individuals identified in the unauthorized searches.

“However, we believe it is necessary and the right thing to do to provide notice and offer these services to the effected individuals. Sadly, the potential cost to Schuylkill County taxpayers may be an excess of $275,000.

“Neither Commissioner (George F.) Halcovage nor Commissioner Hess voted in favor of the disciplinary action strongly recommended by our administrator, our human source resources director, and our solicitor.

This entire investigation was reviewed and supported by an independent law firm.

“As to Mr. Hess, we delayed proper action twice at his request and we engaged an independent law firm to conduct a review of the matter. Again the Eckert Seamans firm confirmed the investigation was done properly and supported the proposed action of termination. This is an absolute disgrace.

“As for Mr. Halcovage, he has assured me on multiple occasions over the past two years that he can conduct himself as a commissioner in spite of the pending federal litigation that he is facing. His abstention twice today is evidence that he is incapable of discharging the duties of his office with fidelity as he swore to do. He is not able to put aside his personal issues and act properly on the behalf of the citizens of Schuylkill County. He needs to resign immediately.”