Whistleblower sues county for $750,000; Sullivan officials accused of retaliating

Posted 9/30/09

Kim Martin, whose allegations of fraud in the Sullivan County Department of Family Services (DFS) lead to the arrests of county staffers, has filed a lawsuit against the county claiming her …

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Whistleblower sues county for $750,000; Sullivan officials accused of retaliating

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Kim Martin, whose allegations of fraud in the Sullivan County Department of Family Services (DFS) lead to the arrests of county staffers, has filed a lawsuit against the county claiming her supervisors retaliated against her, and created a hostile work environment in response to her revelations. The lawsuit was filed on September 30 in federal court.

According to the lawsuit, Martin was hired as a data entry clerk in 2002, and advanced through the ranks until as of June 2012 she was responsible for supervising and training new hires who perform social work examinations.

Then, during a specific audit, which the lawsuit says was “outside her function and arguably within the ambit of the agency’s fraud unit, plaintiff found many irregularities,” including evidence of fraud."

Martin “reported to Kevin Bennett, the head social work examiner, who told her that he understood the issue, but that those involved would only get a slap on their hands.” Not satisfied she reported her findings to the New York State Inspector General and to County Legislator Cindy Geiger.

According to the lawsuit, one of the people arrested because of her reports, threatened Martin with physical harm at work.

The lawsuit goes on to say by the summer of 2013, “the county, through its own personnel officer, determined that plaintiff was to blame for the hostile work environment she was experiencing, and that her colleagues were not responsible for any criminal conduct.”

It says fellow employees taunted and threatened her.

In November 2013, arrests were made in DFS. Ultimately three DFS employees were involved, and pleaded guilty to various charges. Darlene Conklin was ordered to pay $2,500 in restitution, George Conklin had been ordered to pay $1,300 in restitution, and they, along with Rhonda Roach were sentenced to probation.

Regardless, according to the lawsuit by April 2014, “Martin was stripped of her supervisory duties, and moved to the legal department.” She was moved several times and had no functions to perform until April 2015, when she was assigned to a supervisor with whom she had a “notoriously poor relationship.”

Since she reported the fraud, the “county’s entire objective has been to move plaintiff from a supervisory position to one in which [she] had no access to detect or report fraud.”

The same practice of “punishing employees who brought to light fraud, waste and/or abuse cost former DSS Deputy Commissioner David Sager his position during the same county administration.”

Martin says the actions of the county have caused her to experience depression and anxiety. The lawsuit seeks $750,000 in compensatory damages and legal costs.

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