Ex-Chester County Council clerk files wrongful termination lawsuit; alleges county officials sought ‘retaliation’

The former administrative assistant and clerk to the Chester County Council who was fired in April – accused of altering council meeting minutes – has filed a lawsuit against the county, claiming she was unfairly targeted and wrongfully terminated by Chester’s county attorney and supervisor.

Carolyn Clayton claims in the suit her firing was “retaliatory” and “wrong,” and she wants a judge to rule she never resigned. Clayton also is seeking back pay through the lawsuit.

The lawsuit was filed Thursday in Chester County’s civil court. Clayton, 67, and her attorney allege County Supervisor Shane Stuart and county attorney Joanie Winters had “sought for some while to find an excuse to rid themselves of (Clayton) who has dutifully done her job for a number of years.”

Stuart said Monday he has not seen the filed lawsuit but “plainly and totally denies” any accusation he pushed Clayton out of a job.

The lawsuit alleges a plot to get rid of Clayton, but she had worked for Stuart for only a few weeks. Stuart was elected as supervisor in March.

“I was only here in this job for about a month when this happened,” Stuart said. “There is absolutely no truth to that claim.”

The Herald reported April 28 that Clayton was escorted from her office and fired after Stuart said she and a county information technology worker conspired to alter minutes from an April 20 meeting. Clayton also was accused of making defamatory remarks about Winters and a county doctor.

Stuart called Chester County Sheriff’s Office deputies and authorities started a criminal investigation into the alleged destruction of public records, but Clayton was never charged with any crime.

Clayton, who worked for the county for 13 years, reiterated Monday that she disputes that she defaced anything or made defamatory comments.

Clayton has said when the County Council went into executive session April 20, she stopped the main tape of the meeting but a backup tape was running.

Stuart fired Clayton on April 28 from her job as his administrative assistant. Her role as clerk to the council remained in limbo as the clerk reports to the elected officials on the council, not just the supervisor who is a member of the council. Later, the County Council suspended Clayton from her role as clerk.

The suit also alleges that Clayton had considered retirement and had even completed retirement paperwork and left it on her desk without submitting it. She claims county officials later turned in the form without her permission after she was led from the office.

Clayton has been refused a grievance hearing by Chester County officials, and was never told she was fired as clerk, said her lawyer, Jake Moore of Columbia. Clayton wants her job back and is seeking back pay and reasonable lawyer fees, Moore said.

If she is reinstated, she would drop the lawsuit, Moore said.

Efforts to reach Winters on Monday were unsuccessful.

This story was originally published September 28, 2015 at 12:02 PM with the headline "Ex-Chester County Council clerk files wrongful termination lawsuit; alleges county officials sought ‘retaliation’."