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<p>A federal judge agreed with one recommendation and disagreed with another in litigation filed by former deputy budget/finance director Donna Magni against Luzerne County, seemingly a victory for both sides.</p><p>Magni issued claims against Budget/Finance Division Head Brian Swetz and former Manager Robert Lawton, claiming they terminated her in January 2014 in retaliation to statements she made to county council regarding a $15 million budget shortfall. </p><p>She also claims her termination violates the county&#8217;s home rule charter because she was fired without due process.</p><p>Earlier this year, U.S. Magistrate Judge Martin Carlson issued an recommendation to deny Magni&#8217;s litigation on both of these claims.</p><p>But in U.S. Judge Robert D. Mariani&#8217;s recent opinion, he upholds only one of Carlson&#8217;s recommendations.</p><p>Mariani agrees with Carlson on Magni&#8217;s first claim, saying she cannot make a First Amendment claim in regards to her termination.</p><p>According to Mariani&#8217;s opinion, Magni <em>could</em> have made such a claim if she were fired after speaking before council as a private citizen. However, since Magni made claims before the council based on information she could have gleaned only from her professional position, Mariani said Magni was not speaking as a private citizen, thus rendering her First Amendment claim moot.</p><p>However, Mariani said he disagrees with Carlson&#8217;s opinion of the home rule charter when he previously said Magni &#8220;was not entitled to the due process she claims.&#8221;</p><p>Mariani writes the charter, along with the county&#8217;s personnel code, &#8220;together create a cognizable property interest in the county&#8217;s &#8216;career service&#8217; employees,&#8221; which would mean such employees would require due process before being terminated.</p><p>However, Mariani stopped short of determining if Magni, whom the defendants argued was an at-will or &#8220;exempt&#8221; employee that could be fired with no notice, was &#8220;career service.&#8221;</p><p>&#8220;Whether Plaintiff&#8217;s employment is properly viewed as &#8216;career service&#8217; or &#8216;exempt service,&#8217; however, is an issue for trial,&#8221; Mariani wrote.</p><p>Mariani set a conference call for counsel for this coming Monday.</p><style>
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<div class="metaInfo"><bylineMeta><p>By Patrick Kernan</p><p>pkernan@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>Reach Patrick Kernan at 570-991-6386 or on Twitter @PatKernan</p></shirttailMeta></div>

Judge overrules part of recommendation in termination lawsuit against county