Former DA expected to testify in civil trial against Luzerne County

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SCRANTON — Under cross-examination Wednesday, the former human resources director for Luzerne County testified that a sworn affidavit of former county District Attorney Stefanie Salavantis was “untrue.”

Donna Davis Javitz, who was terminated in 2015, has filed a civil suit in federal court seeking damages from the county. Also named in the suit are former county manager Robert Lawton and current director of administrative services David Parsnik.

During her testimony Wednesday, Attorney Mark Bufalino, representing Luzerne County, asked her about her claim that Lawton went to Salavantis and asked that she stop an investigation of Davis Javitz’s claim that investigatory meetings between the county and AFSCME Local 1398 were illegally recorded.

Bufalino quoted from Salavantis’ sworn affidavit where she said, “That never happened.”

Davis Javitz said the statement was incorrect.

“Are you saying that the top law enforcement official in Luzerne County lied on her sworn affidavit?” Bufalino asked. Davis Javitz responded, “Yes.”

The issue is expected to be brought up when the trial resumes this morning at 9:30 a.m., when Salavantis is scheduled to testify.

The trial is being held in Scranton federal court before U.S. District Judge Robert D. Mariani of the United States District Court for the Middle District of Pennsylvania.

Davis Javitz is represented by Attorney Dylan T. Hastings and Attorney Mark B. Frost, both of Philadelphia.

Also expected to testify Thursday are Lawton and an economics expert, who will detail Davis Javitz’s “financial hardship” since her termination.

Davis Javitz claims that during three investigatory meetings with AFSCME, Paula Schnelly, the local union president, secretly recorded the meetings. Davis Javitz makes that claim based on the detailed written accounts provided by Schnelly of the meetings. She said Schnelly’s cell phone was on the table during all three meetings and Schnelly was not observed taking many notes.

Schnelly testified that she has developed her own system of taking notes in an abbreviated language that allows her to produce the written reports. She also said she relies on her memory to compile the reports.

When Hastings asked Schnelly if she recorded the meeting, she responded loudly, “I did not.”

AFSCME filed an unfair labor practice claim against Davis Javitz, claiming the former HR director was difficult to deal with and often rude and intimidating in meetings.

Davis Javitz also contends that when she asked for an investigation of the alleged tape recordings, Parsnik and then-county chief solicitor David Pedri supported her. However, she further claimed that after a meeting with Salavantis when the DA noted that Schnelly at the time was an employee in her office, Salavantis said she would forward the investigation to the Pennsylvania Attorney General.

After that meeting, Davis Javitz said she went to Parsnik’s office and Pedri was there. She said Pedri told her he couldn’t believe that Davis Javitz went to the district attorney. “I never said that,” Pedri testified. “As chief county solicitor, I would never say that and I did not say that.”

Davis Javitz also claims that after she asked for the investigation, Parsnik treated her differently and excluded her from major duties in the HR department.

Parsnik testified that her claims are untrue. Bufalino produced several emails between Parsnik and Davis Javitz that appeared to contradict the plaintiff’s claims. It was also noted that Davis Javitz was never reprimanded or disciplined while employed by the county.

Parsnik also said he did not give Davis Javitz a reason for her termination. It was also noted that under the Home Rule Charter, only the county manager is authorized to hire and fire employees. Parsnik claims that Lawton was made aware of the plan to terminate Davis Javitz by Pedri. Parsnik also testified that he never heard back from the AG’s office regarding the status of the investigation requested by Davis Javitz.

Judge Mariani admonished Hastings and Frost for attempting to ask a question regarding “just cause,” which Mariani said he ruled on in previous proceedings and was not to be brought up during the trial. Mariani warned the two attorneys that if they violate that ruling again, he would hold them in contempt.

Lawton will testify on Thursday.

The eight-member jury is comprised of seven men and one woman.

Reach Bill O’Boyle at 570-991-6118 or on Twitter @TLBillOBoyle.