County or client?: A dispute is signaled over who should pay expected fee for report in OYFS criminal case
Sep. 24—Lackawanna County taxpayers might foot a bill for a report penned by a longtime Office of Youth and Family Services consultant who said he reviewed a criminally accused supervisor's conduct and found she appropriately performed her job.
Defense attorney Matthew Comerford said the bill for Richard Gold's report in support of Sadie Coyne (O'Day) — unlikely to exceed $5,000, Comerford said — will be submitted to the county for payment once he receives Gold's invoice.
The county, which agreed this summer to pay a $10,000 fee to Comerford and four other attorneys for representing five current and former OYFS employees faced with criminal charges, signaled late last week they could contest payment for Gold's report if Comerford submits the invoice.
"If they hired an expert for all five we'd take a look at it," Chief of Staff Brian Jeffers said, citing the county's Law Department.
Otherwise, he said, the answer is "no."
Gold, a former deputy secretary of the state Office of Children, Youth and Families and a longtime consultant with the county OYFS, provided Comerford with a report Aug. 9 in support of Coyne.
The eight-page document was filed amid legal wrangling before Judge James Gibbons to dismiss criminal charges Scranton police and county detectives brought in June against O'Day and four of her colleagues for child endangerment and failure to report child abuse.
"It is my opinion that Ms. O'Day performed her supervisory responsibilities with acceptable, professional practice and judgment, and fulfilled her responsibilities under law and regulation as a mandated reporter," Gold wrote.
Gibbons, who heard arguments Sept. 1 on defense motions to quash the cases against Coyne, fellow supervisor Bryan Walker and current and retired caseworkers Amy Helcoski; Erik Krauser and Randy Ramik, has yet to issue a ruling.
Comerford said Thursday that he believed the fee agreement he signed when the county paid a retainer meant that the county also agreed to shoulder defense costs beyond the initial $10,000 flat-fee.
According to the agreement, "it is expressly understood" Comerford Law might require additional funds beyond the retainer to cover expenses for experts, investigators, transcripts and other needs. The "client" is responsible for those payments, as well as the retainer, it reads.
The client is O'Day, not the county, said Jeffers. The county signed on her behalf.
Comerford said he planned to review his correspondence with the county and added he might challenge the county's potential payment denial.
"It was my understanding they would pay those fees," Comerford said.
Comerford said he will absorb Gold's fee to keep it from going to Coyne if the mistake had been his.
"I don't want to see her get stuck with that bill," he said.
County solicitor Don Frederickson's signature appears in the agreement on a line for "other parties contractually responsible for payment," according to a copy of the document. Attempts to reach Frederickson were unsuccessful.
The county agreed to pay a $10,000 flat fee to each of the attorneys representing the five defendants: Comerford, on behalf of Coyne; Robert Trichilo, on behalf of Walker; Terrence McDonald, on behalf of Krauser; David Solfanelli, on behalf of Helcoski; and John Price, on behalf of Ramik.
Their agreements generally last up to a preliminary hearing, when the defense will first get to cross-examine witnesses as the district attorney's office attempts to establish a case the workers endangered children by failing to remove them from filthy homes code officials deemed unfit for human habitation.
Each agreement, save Price's arrangement for Ramik's representation, contains language that allows the attorneys to bill for other services — like fees for experts and costs for copying. McDonald's agreement, is explicit that burden is the county's.
The preliminary hearings were originally scheduled July 25 but have hung in limbo pending the outcome of a defense motion to dismiss the cases.
The police, the defense attorneys argued, brought charges under a "fundamental misunderstanding" of child welfare laws and places caseworkers and supervisors in a "damned if you do, damned if you don't" position — either interrupt parental custody and risk legal action for violating the rights of parents or risk criminal charges.
Police and county detectives accused the five of endangering eight children living in three different homes by allegedly ignoring deplorable conditions, their injuries, reports of physical and sexual abuse and a lack of food, medical care and schooling.
Amid the legal wrangling, Comerford filed a report authored by Gold in support of Coyne, who police said was responsible for overseeing case management of five children at a home on Madison Avenue and a home on Vine Street.
In it, Gold said he reviewed the case records associated with Coyne and found the home conditions were categorized by the state as "general protective services" referrals, not "child protective services."
That means the state did not believe the allegations rose to a substantial risk of death or serious injury, he said. Coyne fulfilled her responsibilities, he argued.
Gold also has worked with the county OYFS for more than a decade as a consultant, a review of county financial records shows.
Gold is a national consultant for child welfare and a legal advocate for children and families, said William Browning, executive director of the county Department of Health and Human Services.
"We use his expertise in those domains to assist us in program and grant monitoring, development, implementation, and acquisition," Browning said in an email.
He's been paid $277,0071.84 by the county since 2012, according to a report from the county controller's office.
Phone messages left for Gold, of Philadelphia, were not returned.
The county approved new contracts with Gold on Wednesday.
Among his responsibilities, Gold will consult with a school threat assessment team and serve as a liaison between the county and Service Access and Management, Inc., whom the county contracted to help staff its beleaguered OYFS agency.
For that work, Gold will be paid $100 an hour and $1,000 a day on site, according to the contracts.
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