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Details of Duran settlement revealed

From staff reports

LOCK HAVEN — Details of the settlement of a civil suit between Clinton County and former Clinton County Correctional Facility warden Thomas V. Duran were revealed Thursday afternoon in response to a Right to Know request.

At Thursday’s county commissioners meeting, solicitor Larry Coploff reported that Clinton County will pay Duran $225,000, per the settlement. Coploff said he could not comment further due to a confidentiality agreement.

The following information was revealed in documents received through the Right to Know request:

“PCoRP (PA Counties Risk Pool) agreed to contribute $125,000 for settlement of this claim, with $107,290 paid directly to the plaintiff’s attorney to cover their legal fees. The balance of $17,710 will be paid to Clinton County from PCoRP as an additional contribution toward the settlement, in consideration of future legal fees if the case did not settle.”

According to the Global Settlement and General Release Agreement:

Duran will be paid a total settlement of $350,000, with $242,710 payable by the county as follows:

r A payment in the amount of $165,371 made payable to Thomas Duran and issued by the County, representing payment for loss in pension benefit, from which no taxes will be withheld. This amount will be reflected on an IRS Form 1099 issued to Duran. This payment will be issued within 30 days after Duran returns a signed copy of this agreement.

r A payment in the amount of $71,416.89, made payable to Thomas Duran and issued by the County, representing payment of lost wages, from which regular taxes will be withhheld This amount will be reflected on an IRS Form W-2 issued to Duran. This payment will be issued within 30 days after Duran returns a signed copy of this agreement.

r A payment in the amount of $5,922.11, made payable to Thomas Duran and issued by the County, representing payment of litigation expenses from which no taxes will be withheld. The payment will be issued within 30 days after Duran returns a signed copy of this agreement.

r A payment of $107,290 made payable to RFE LAW FIRM LLC, issued by the county’s insurance carrier, representing attorneys’ fees incurred by Duran in the discrimination claims. This amount will be reflected on an IRS Form 1099 issued to RFE LAW FIRM LLC. This payment will be issued within 30 days after Duran returns the signed agreement.

The agreement was signed by Duran on Aug. 21 and by Clinton County Commissioners Robert B. Smeltz Jr., Paul W. Conklin and Jeffrey A. Snyder and Clinton County Chief Clerk Jann Meyers on Aug. 22.

The settlement ends a lengthy civil court case that was scheduled to go to jury trial earlier this month federal Middle District Court in Williamsport, but the settlement was reached through negotiations involving the two sides and a federal magistrate.

Duran, who was warden from 1993 to 1997 and from 2000 to 2012, was suspended with pay Oct. 24, 2012, and his contract was not renewed when it expired that Nov. 5.

Duran contended his termination stemmed from a discriminatory animus toward his disabilities while the county claims he was fired for poor management of the prison.

The suit alleged retaliation in violation of the Family Medical Leave Act and the Americans with Disabilities Act along with age discrimination.

Duran had multiple medical issues and surgeries that caused him at times to work from home through the use remote cameras and the installation of broadband Internet, both of which were paid by the county.

He also was permitted to use a golf cart on prison grounds and a mobile scooter inside.

The following are among the issues the county in a court document states were factors in Duran’s termination:

r Failed to complete as requested looking into possible over billing for prison medical services by Clinton Medical Associates and a doctor performing surgical procedures on inmates that was not part of his contract.

r Did not adequately negotiate the daily rate to house state Department of Corrections’ prisoners.

r Submitted a proposed budget for 2013 of $3.2 million that was an increase from $1.9 million.

r When asked for suggestions on what costs could be trimmed, there was no response.

The decision to terminate Duran was made when the prison board questioned him about the budget and he shrugged his shoulders and said “it’s up to you guys,” the filing states.

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