Aug 1, 2018 3 min read

A Washington County juvenile probation officer who lost his job after reporting what he perceived as questionable conduct within his department has also lost his case in Commonwealth Court.

David Scrip of Monongahela worked for 25 years in the probation office and knew of a personal and intimate relationship between Daniel Clements, the director of the department, and an employee.

The girlfriend left the department and became a recruiter for Abraxas Youth & Family Services, from which she would solicit juvenile probation departments to recommend youngsters be placed at Abraxas facilities.

Scrip believed the intimate relationship between Clements and his former employee-girlfriend created a conflict of interest between the juvenile probation office and Abraxas. He claimed then-President Judge Debbie O’Dell Seneca and Tom Jess, deputy court administrator, were aware of the relationship but took no action.

Clements, Scrip alleged, began to pressure probation officers to recommend Abraxas placements, which Scrip felt were not appropriate for some of the juvenile offenders. Juvenile masters and judges, unaware of this background, approved the placements unwittingly, Scrip claimed.

Scrip reported his concerns by anonymous letter to O’Dell Seneca, then-Pennsylvania Supreme Court Chief Justice Ronald Castile, and the executive director of the Juvenile Court Judges Commission.

The Administrative Office of Pennsylvania Courts conducted an investigation, which Scrip claimed was a “sham.”

O’Dell Seneca, meanwhile, called a meeting in August 2012 with juvenile probation staff and informed them that she would not tolerate further criticism of Clements or efforts to undermine his authority, according to Scrip. Scrip then alleged he became the target of three instances of retaliatory discipline against him before he lost his job Feb. 18, 2014, for failing to follow O’Dell Seneca’s 2012 directive.

Scrip filed suit in August 2014.

O’Dell Seneca has claimed that because she acted within the scope of her position as president judge that she has “sovereign immunity” from a suit for wrongful termination.

Jess and Clements made similar arguments.

The 24-page opinion written by Judge P. Kevin Brobson notes that, “Generally speaking, the Whistleblower Law precludes a public body from taking any adverse employment action against an employee in retaliation for the employee’s good faith report of wrongdoing or waste.”

Commonwealth Court agreed with Scrip that judiciary employees who report wrongdoing deserve protection from retaliation, but that the court was not going to amend the Whistleblower Law or waive sovereign immunity. That, they said, would have to come from the state Legislature.

Commonwealth Court concluded that Scrip failed to allege sufficient facts in his complaint to support his allegations that Scrip’s supervisors within the chain of command acted outside the scope of their positions.

Scrip’s attorney, Noah Geary, didn’t immediately return a message Tuesday afternoon.

Washington County contended it cannot be held liable under the Whistleblower Law because it was not Scrip’s employer, but that he worked for Common Pleas Court.

Clements, 50, an Aliquippa resident, was arrested in October 2014 on charges that he pocketed funds that were supposed to be used for mixed-martial arts training – a form of self-defense training the department since dropped.

He pleaded guilty in May 2015 and was sentenced to serve three years on probation in Beaver County.

Jess’ position, which oversaw family court and probation services, was eliminated Feb. 6, 2016. He was hired in 2001.

The Pennsylvania Supreme Court relieved O’Dell Seneca of her administrative duties Nov. 5, 2015. She retired from the bench two months later.