SUNBURY - Northumberland County Commissioners Vinny Clausi and Merle Phillips have requested a U.S. District Court judge to dismiss a federal lawsuit filed against them by former county chief clerk and assistant solicitor Kymberley Best.
In a motion filed Tuesday by Attorney Barry Kronthal, of Camp Hill, to dismiss all 13 charges in the federal suit, the commissioners claim Best failed to provide sufficient facts. The commissioners also said that as "high public officials," they are immune from some claims made by Best.
Clausi and Phillips said Best failed to demonstrate pay discrimination because she failed to show male employees were performing the same work, with the same skill level, for more pay.
They also claim Best did not show she was speaking as a citizen when she endorsed a code of civility at a public meeting in March before her firing.
Clausi and Phillips claim that Best did not prove the commissioners conspired against her or that Clausi acted with malice when he made certain statements that the motion said were true or his opinion.
Best fired in March
Best filed the suit against the two commissioners for wrongful termination and defamation after she was fired March 18 from her $70,762 per year position she had held for 14 months.
Best, whose dismissal came days after Clausi allegedly lashed out at her and Commissioner Chairman Frank Sawicki during a public workshop meeting over a planned land sale, also filed a federal lawsuit in May against Clausi, claiming he threatened her life, and a complaint with the Pennsylvania Human Relations Commissioner that claims Clausi sexually harassed her.
No charges have ever been filed against Clausi by state police or the state Attorney General's Office, which investigated the allegations.
Clausi and Phillips agreed to fire Best after she requested the commissioners to adopt a code of civility and for her refusal to work with Clausi. Phillips also previously said "poor legal advice" prompted the firing. Sawicki opposed Best's firing and is not named in the suit.
When asked for comment Friday afternoon about the motion to dismiss the charges in the lawsuit, Clausi and Phillips both maintained they did "nothing wrong" and are allowing Kronthal "to do his job."
Best's attorney, Michael Zicolello, of Williamsport, was unavailable for comment Friday.
A telephone conference between both attorneys and U.S. District Court Chief Judge Yvette Kane to establish a trial date has been scheduled for Oct. 18.
