Blair settles with former employee

Mirror requests approved settlement details in officer’s suit

HOLLIDAYSBURG -- Blair County and a former prison corrections officer have resolved an unlawful termination lawsuit the officer filed in 2021 in federal court in Johnstown.

The court, in an order signed Jan. 10 by mediator Joel Pretz, recognized that attorneys for the county and Susan Desch, 49, had resolved the lawsuit with a proposed settlement. Online court records indicate that the proposed settlement was to be presented within 30 days to county commissioners for a vote.

On Feb. 15, commissioners voted unanimously in favor of a proposed agreement with a former employee, but they did not name the employee or publicly discuss the agreement or its contents.

The Altoona Mirror, based on the commissioners' action, submitted a Right-to-Know request on Feb. 15 for a copy of the approved agreement. On Feb. 24, the Mirror received a letter from County Administrator and Right-to-Know Officer Nicole Hemminger, exercising the county's option to require 30 more days to respond to the Mirror's request.

Under the state's Right-to-Know Law, settlement agreements between public agencies and third parties are considered public records.

Several appellate court decisions make it clear that settlement agreements are public records, according to online information posted by the Pennsylvania News Media Association. Those same rulings have also consistently held that confidentiality clauses in these agreements are not enforceable.

Desch, who worked more than 13 years at the prison, accused the county of violating federal and state law when it terminated her employment in November 2020. Minutes from the commissioners' Nov. 12, 2020, meeting indicate that Desch resigned.

In Desch's lawsuit, attorney Timothy S. Seiler of Bensalem said the longtime county employee should be compensated for lost pay, bonuses, benefits, reinstatement to her job, punitive damages and payment of legal fees.

In that lawsuit, Desch reported that while she worked at the county prison, she was trying to address medical conditions that included severe migraine headaches. Her supervisors, she said, responded in a "rude and condescending manner" and disciplined her for misuse of the Family Medical Leave Act. She also reported that their reactions created a hostile working environment, which enhanced her condition. When presenting a doctor's recommendation for medical leave to address her condition, she said it was met with cynicism.

The county, represented by Pittsburgh attorneys Robert Vernon and Brian P. Gabriel, responded to Desch's lawsuit in December by denying her allegations and any violations of federal statues designed to protect Americans from discrimination in the workplace.

The response also reported that the county terminated Desch because of "continued and repeated violations" of the county attendance policy.

Shortly after the county filed its response, Judge Stephanie Haines signed an order directing Pretz, a Pittsburgh attorney, to mediate the dispute. Pretz didn't get a chance to engage in that mediation because the parties indicated the case was resolved.

Mirror Staff Writer Kay Stephens is at 814-946-7456.