A group of fired Lackawanna County workers will share a $1 million settlement, ending a five-year federal lawsuit against the county over politically connected hirings and firings.
The 17 workers, including now County Commissioner Patrick O'Malley and Jermyn Mayor Bruce Smallacombe, claimed they were fired in 2008, soon after there was a change in power and political affiliation in the commissioners' office from the Republican administration of Robert Cordaro and A.J. Munchak to the incoming Democratic administration of Commissioner Corey O'Brien and former Commissioner Mike Washo. Mr. O'Brien and Mr. Washo were also named in the suit.
The suit, which argued the workers were entitled to their First Amendment right to free speech and free association, claimed they were fired because of their support for Mr. Cordaro and Mr. Munchak, who are now both in federal prison for taking bribes from prominent local businessmen.
The county's former liability insurance provider, Arizona-based Scottsdale Insurance, agreed to pay $1 million to the workers and their attorney, Barry H. Dyller of Wilkes-Barre, said Scranton attorney John G. Dean, who was retained by the insurance company.
The money will be split among the workers and Mr. Dyller, Mr. Dean said. He did not know how it will be disbursed.
Mr. Dyller declined to comment.
The county will not have to hand over any taxpayer money because of the settlement, as it was completely covered by its insurance company, Mr. Dean said.
The case, which was presided over by U.S. District Judge Christopher C. Conner, was officially closed Thursday.
In court papers, Mr. O'Brien and Mr. Washo argued the firings were not politically motivated. Rather, they sought to erase the county's reputation of political patronage hiring, which they said flourished under the Cordaro-Munchak administration, according to court records.
They instituted new hiring practices and told county workers, regardless of their political affiliation, they could reapply, Mr. Washo and Mr. O'Brien stated in court papers.
Mr. O'Malley was an assistant director of parks and recreation under the Cordaro-Munchak administration until he was fired by Mr. Washo and Mr. O'Brien shortly after they took office, according to the lawsuit.
Efforts to reach Mr. O'Malley and Mr. Washo were unsuccessful Friday. Mr. Washo is no longer a commissioner after deciding not to seek re-election in 2011. He is now the court-appointed receiver of the Scranton Parking Authority's five parking garages.
Mr. O'Brien declined to comment, citing a county policy forbidding him from speaking publicly about litigation against the county.
After being elected in 2011, Mr. O'Malley is now a Republican minority commissioner working alongside the next set of Democratic majority commissioners, Mr. O'Brien and Jim Wansacz. Mr. Smallacombe was a former Republican minority commissioner who was appointed in 2011 to replace Mr. Munchak following his conviction on public corruption charges.
"Under the terms of the settlement we are not allowed to speak," said Mr. Smallacombe of the plaintiffs. "We can't say anything. I don't shy away from talking to anybody. As soon as they tell me I can say something, I'd be glad to."
Scottsdale Insurance decided to settle the case, Mr. Dean said.
"The commissioners' would have obviously preferred to go to trial," he said.
The other plaintiffs are: Thomas Bell, Joseph DeAntona, Joseph McCawley, Jayme Morano, Nicholas Parise, Dominick Rinaldi, Charles Spano, William Tonkin Jr., Thomas Galella III, Thomas Harrison, Thomas Bradley, Anthony Bernardi, Kenneth Kovaleski, Dominic Romanini and Gary Propersi.
Contact the writer: smcconnell@timesshamrock.com, @smcconnellTT on Twitter