The Virginian-Pilot
©
NORFOLK
A judge has dismissed a lawsuit the Community Services Board filed against its former director and other employees over the estimated $320,000 paid to a woman who had been on suspension from her job there for 12 years.
The judge's order, signed Thursday, gives the CSB until Oct. 5 to file an amended complaint. If it does not, the dismissal will stand, the order says.
"We've got some more work to do to comply with the judge's order, but we will be refiling," Adam D. Melita, a deputy city attorney, said Thursday.
The city attorney's office is representing the public agency that oversees mental health and drug treatment.
The lawsuit filed in April named Jill McGlone, the woman who continued to be paid from 1998, when she was suspended, until the current CSB director, Maureen Womack, learned of the situation.
It also named the former CSB director, George Pratt; former Director of Administration Brenda Wise; former Clinical Services Director Anthony Crisp; and former Human Resources Officer Linda M. Berardi.
Circuit Judge Everett A. Martin Jr., in his order, ruled that the agency's claim of constructive fraud had not been pleaded with specificity against the director and the three managers.
He stated that most of the CSB's suit alleged "failures by these defendants to perform their duties."
"Failure to perform a duty, without more, is not fraud," Everett wrote in his order.
"I felt that the first complaint was clearly and obviously defective, and the judge agreed," said Kevin E. Martingayle, who represents Berardi and Crisp.
Martingayle said he does not think the facts support any cause of action against his clients. He said both "acted very appropriately within their respective job roles."
McGlone represented herself, and Martin overruled her motion to dismiss the lawsuit's claim of "unjust enrichment." He described her pleadings as "more in the way of an answer than a demurrer" motion and recommended that she seek pro bono legal assistance if she cannot afford an attorney.
Janie Bryant, (757) 446-2453, janie.bryant@pilotonline.com
Delicious
Digg
Reddit
Facebook
Twitter
Google
Yahoo
Wondering
Just curious..... exactly what does this agency do anyway? A clearing-house for entitlement programs? Don't we have enough agencies at the federal and state level doing the same thing? Sounds like something that needs to be cut from the budget entirely.
Wondering
Just curious..... exactly what does this agency do anyway? A clearing-house for entitlement programs? Don't we have enough agencies at the federal and state level doing the same thing? Sounds like something that needs to be cut from the budget entirely.
Pro bono?
Judge Martin, she does not need a "pro bono" (free) lawyer. She stole that money fair and square, and shpuld have to spend it. Lawyers have to eat, too.
Little People Foot the Bill Again
Just learning from big gov't how to cheat the system it's the only way to come out ahead! Collect benefits, food stamps, whatever you can because unless you're in politics, sports or Hwood you're doomed to lose.
Embezzlement
The definition of embezzlement is: To take (money, for example) for one's own use in violation of a trust.
McGlone embezzled money, plain and simple. How she can possibly defend those actions is mind boggling. What's even more boggling is that the legal system hasn't already arrested and convicted her. As for the judge recommending her seek pro bono legal aid - she's got over $350,000 of free money. Use that instead.
This is not embezzlement.
This is not embezzlement. The money given to her was her paycheck, not money "trusted" to her like that of a cash register she was working.
IT JUST KEEPS GOING
on & on & on in the City of Norfolk.
Is there anyone in charge over there or paying attention?
Great city; poor leadership & oversight.
Are you serious?
The Norfolk City Attorney's Office is in very big trouble. After all the time they had to file motions, prepare briefs, and prepare valid arguments, this is the best they could do? A second year law student could have done a better job!
It isn't a difficult case, in fact she should be in jail
but there were so many people that knew about it that they couldn't cover that many butts.
You have to love Old Glo though, she filed for unemployment and when she got turned down she appealed stating that her family was suffering.
She's really funny!!!