Judge: Part of Best's free speech claim can remain

WILLIAMSPORT - U.S. Magistrate Judge Thomas M. Blewitt has recommended part of Kymberley Best's free speech claim, which alleged retaliation against Northumberland County Commissioner Vinny Clausi and former Commissioner Merle Phillips, remain part of Best's federal lawsuit over her termination as county chief clerk and assistant solicitor.

In dismissing the original complaint filed by Best, a federal judge ruled last year that Best was speaking as a private citizen in supporting a code of civility, but failed to allege enough facts to support her speech was related to a matter of public concern.

But Blewitt issued a recommendation June 29 that found Best had corrected that defect because some of her speech was related to issues beyond her official duties with the county.

The judge also recommended part of the whistleblower claim survive along with a limited right to seek compensatory and punitive damages.

The parties have 10 days to submit objections to the report before U.S. Middle District Judge Yvette Kane can issue her decision in the case.

The county, Clausi and Phillips in January asked Kane to dismiss the amended complaint Best filed in her ongoing legal battle over her termination. Best opposed the motion, but stated she was willing to dismiss the wrongful termination count in the suit.

If Kane adopts the recommendations, part of Best's free speech and whistleblower claims would be dismissed along with the due process, equal pay and conspiracy counts.

Best could seek damages against only Clausi and Phillips in their individual capacities if Kane adopts the report.

The part of the free speech claim Blewitt recommends be dismissed accused Clausi and Phillips of alleging Best was having sexual relations with former county solicitor Timothy Bowers, who also conducted contracted legal work for the county. She unsuccessfully argued that because Clausi told department heads and other commissioners about the allegation, the defamatory information must have reached the public.

The part of the whistleblower claim that would remain deals with Best's reports of deficient air quality in the county register and recorder's office and danger from a glass dome at the courthouse.

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Judge: Part of Best's free speech claim can remain