No charges for no-show worker in Norfolk

NORFOLK

A former Norfolk Community Services Board employee who collected about $320,000 in pay and benefits over 12 years even though she did not show up for work will not be prosecuted for fraud by the commonwealth's attorney, said three sources who spoke on the condition of anonymity.

Police found no evidence of wrongdoing by Jill McGlone, the sources said. McGlone, who had worked at the agency as an office assistant, was fired last May after officials learned she collected pay while sitting at home.

Police learned that she attempted numerous times to return to work after being suspended in 1998, the sources said. Each time, she was told to remain home, they said.

McGlone's time sheets were filled out, and she was re-enrolled each year in the city benefits program.

Additionally, five former Community Service Board employees, some of whom officials said were complicit in paying McGlone and keeping it secret, also will likely not be prosecuted by Commonwealth's Attorney Greg Underwood, the sources said. All five were fired or forced to resign because of the scandal.

Underwood has determined there is not enough evidence for criminal prosecutions against any of the employees.

"There's a difference between being stupid and doing something criminal," said a source familiar with the investigation.

The sources asked to remain anonymous because they are unauthorized to speak publicly.

Amanda Howie, a spokeswoman for Underwood, declined comment Friday other than to say the review of evidence provided by the police is not complete. Underwood is expected to announce the results of his review in February, she said.

City Councilman Paul R. Riddick said he is not surprised that McGlone will not be prosecuted. "I was always of the belief that she was not going to be prosecuted because she was suspended and was waiting for the Community Services Board to act," he said. "If they dropped the ball, that was on them."

The FBI is conducting an independent investigation, city officials have said. It is not known when that will be complete. It was mostly federal money used to paid McGlone.

Contacted at home Friday, McGlone would only say that she is cooperating with the FBI.

The Community Services Board is an independent agency created by the state. City officials said they have little jurisdiction over the board, even though the City Council appoints its governing board, the city handles its payroll and city attorney's office provides the agency with legal counsel.

Maureen Womack, the board's executive director, learned of payments to McGlone in May and told the city attorney's office. Womack said she stumbled upon the payments by accident. She was checking personnel sheets and realized she had never heard of McGlone, she said.

When she asked officials to confirm McGlone's employment, she was told of her no-show status. At the time, Womack had headed the agency for about a year and a half.

The city attorney's office investigated the incident for four months before asking the five employees to leave. Brenda Wise, the director of administration; and Laurie Paquin, an executive assistant to George Pratt, the agency's former executive director, were fired.

Human resources officer Linda Berardi, director of clinical services Anthony Crisp, and chief financial officer Suzanne Williams were asked to resign.

In announcing the shake-up to the media, Womack said the employees were guilty of "an egregious error in judgment."

Womack declined to comment on Friday, saying Underwood has not contacted her about the investigation.

Crisp and Berardi have filed a defamation lawsuit against Womack and the Community Services Board, saying they were used as scapegoats. They frequently asked superiors about McGlone's status, they said.

They have also alleged that Womack and the city attorney's office know why McGlone remained on paid leave and said they remain perplexed as to why the payments continued.

Virginia Beach attorney Kevin Martingayle, who represents Crisp and Berardi, said his clients did nothing wrong and he is not surprised that they likely will not be indicted. "Maybe no one will ever figure out why Ms. McGlone was paid for so long," he said.

Sources close to the investigation said police determined that McGlone was suspended for 30 days in 1998 for an incident involving a confrontation with a co-worker.

She called and asked to come back to work after the suspension ended. But by then, officials were investigating an allegation that she had also released confidential information about an agency client.

Toni Rae Harris, who is now deceased, filed a lawsuit in July of 1999 against the Community Services Board and McGlone, saying McGlone revealed confidential medical information about her in 1998. Harris was HIV positive, her relatives have said.

Harris' attorney eventually withdrew the lawsuit.

Harry Minium, (757) 446-2371, harry.minium@pilotonline.com