Kathie Cash reaches tentative settlement of lawsuit against Lee County and Probate Judge John Wheaton

Kathie Cash reaches tentative settlement of lawsuit against Lee County and Probate Judge John Wheaton (NY)

September 24, 2014

LEESBURG — An apparent settlement has been reached in the wrongful termination suit brought by former Lee County Associate Probate Judge Kathie Cash against the county and Probate Court Judge John Wheaton, according to an email between county officials.

In a lawsuit filed in Lee County Superior Court in July of 2013, Cash claimed that she was wrongfully dismissed by Wheaton after she alleged his granddaughter, Amanda Battzell, who is employed as a court clerk in the probate judge’s office, was turning in inflated time sheets. Cash claims her firing was in retaliation for reporting the issue.

According to an email from county attorney Jimmy Skipper to county manager Ron Rabun, the parties have agreed to a tentative $150,000 settlement in regard to Cash’s dismissal in early February of last year.

In the July 8 email to Rabun, Skipper wrote, “The purpose of this message is to advise you that I have been advised that the case went to mediation yesterday and was settled for $150,000 to be paid to the Plaintiff (Cash). The settlement will be paid by the county’s insurance carrier, less any applicable deductible. According to the attorney hired by the County’s insurance carrier to defend the case, the settlement was actually less than what he was afraid it might be (or what a jury might award) given so many of the facts were brought out in the case and through discovery were not helpful to Judge Wheaton’s position.

“Under the County’s insurance policy, the County’s insurance carrier can settle these types of cases without approval of the BOC (Board of Commissioners) since the carrier is paying the settlement and the cost of the litigation on behalf of the County …”

Rabun then forwarded Skipper’s email to all four county commissioners and chairman Rick Muggridge.

“Board – hiring relatives is bad business,” Rabun wrote in the forwarded message. “Nepotism policies exist for a reason!”

Muggridge was pointed in his reply.

“I am trying to think of reasons this case should not be publicized,” Muggridge wrote. “Based on a brief conversation with Skipper the BOC has no authority over the constitutional Officers in regard to hiring or administrating their offices. Currently at least three offices within the County have relatives under the direct supervision of their parent or grandparent. This is wrong. If the BOC has no authority then surely the public does (have authority) and deserves to know the truth.

“Regardless of Judge John Wheaton’s exemplary service in the past, if the conduct enumerated in this lawsuit are true and it seems objective parties (including the defending attorney) found reason to believe they are, these acts deserve accountability.”

While Lee County does have a nepotism policy on the books, constitutional officers (probate judge, sheriff, clerk of court and tax commissioner) are not bound by the county policy. They are free to hire and fire at will.

There was some confusion as to if the settlement has actually been agreed to by both parties. Neither Cash attorney Harlan Miller nor the insurance firm’s attorney, Raleigh Rollins, could be reached for confirmation. Skipper said the delay might be due to the paper work not yet reaching the county clerk’s office.

Regardless, the parties have a calender call set for Sept. 25 before Lee Superior Court Judge George Peagler.

Attribution:
Kathie Cash reaches tentative settlement of lawsuit against Lee County and Probate Judge John Wheaton
Cash alleged she was wrongfully terminated by Wheaton who was protecting his granddaughter
Terry Lewis
September 8, 2014
AlbanyHerald.com
http://www.albanyherald.com/news/2014/sep/08/kathie-cash-reaches-tentative-settlement-of/