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<p>U.S. Magistrate Judge Martin Carlson has issued a recommendation siding with Luzerne County in litigation filed by former deputy budget/finance director Donna Magni, county Chief Solicitor Romilda Crocamo informed county council Tuesday.</p><p>&#8220;I am pleased to share great news today,&#8221; Crocamo wrote, commending attorneys Mark Bufalino and Jack Dean, of Elliot Greenleaf &amp; Dean, for their work on the case.</p><p>Crocamo said both sides agreed to seek a recommendation from Carlson, which is a common process in federal court. It would be &#8220;very rare&#8221; for a federal judge to reject a magistrate recommendation, she said.</p><p>U.S. Judge Robert D. Mariani is presiding over the case.</p><p>According to Carlson&#8217;s report and recommendation:</p><p>In her two remaining claims against Budget/Finance Division Head Brian Swetz and former Manager Robert Lawton, Magni alleged the men terminated her in January 2014 in retaliation for her statements months earlier to county council regarding a $15 million budget shortfall.</p><p>Magni also claimed her termination could only be for cause under the county&#8217;s home rule charter and personnel code, and that this right was violated when she was fired without due process or a cited reason.</p><p>But the defendants asserted her termination stemmed from W-2s containing serious mistakes and other payroll system issues for which she was ultimately responsible. They also argued Magni was an at-will or &#8220;exempt&#8221; employee who could be terminated at the pleasure of her employer with no notice or opportunity to be heard.</p><p>Carlson agreed with the defendants that Magni &#8220;was not entitled to the due process she claims.&#8221;</p><p>If accepted by the judge, Carlson&#8217;s recommendation to grant summary judgment means the county would prevail now and not proceed to trial, Crocamo said.</p><p>Attorney Michael D. Yelen, who is representing Magni, said the decision on whether to accept the recommendation is up to the judge, and he won&#8217;t speak for him.</p><p>Yelen said the suit argued Magni was fired for being &#8220;brutally honest with the taxpayers,&#8221; and he did not believe all legal issues in the case have been addressed.</p><p>&#8220;I expect we will take issue with the recommendation and will further challenge it,&#8221; he said.</p><p>Crocamo said she does not believe Magni would be successful on appeal because Carlson&#8217;s 40-page report is &#8220;thorough and well-reasoned&#8221; and contains detailed analysis of the county&#8217;s home rule charter, personnel code and state law.</p><style>
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<div class="neCaption">Swetz </div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2018/05/web1_swetz.jpg</photo0><caption0>Swetz </caption0><photoCredit0></photoCredit0></div></div>
<div class="metaInfo"><bylineMeta><p>By Jennifer Learn-Andes</p><p>jandes@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>Reach Jennifer Learn-Andes at 570-991-6388 or on Twitter @TLJenLearnAndes.</p></shirttailMeta></div>

Federal magistrate sides with Luzerne County in suit over deputy firing