Prison board seeking monetary settlement with dismissed guard
The Fayette County Prison Board is recommending that the Fayette County commissioners approve a monetary settlement agreement with a dismissed corrections officer who claims that he wasn’t given a hearing before his dismissal. The prison board voted this month to make the recommendation for the agreement to settle claims made by the former employee that he was not terminated for cause and didn’t receive due process. In the agreement, Tim Hamborsky of Connellsville will receive nearly $19,500 for gross pay, unused vacation pay, unused accumulated sick leave pay and unused compensatory time provided he and the union immediately withdraw a grievance and discontinue any intended lawsuit.
The agreement states that Hamborsky shall be “laid off” for the county effective April 1, 2009, and he will not seek or accept future employment with the county and he will have no cause of action against the county for such refusal.
Hamborsky, 48, was terminated in November by the prison board for allegedly bringing drugs into the Fayette County Prison for inmates. After his dismissal, the United Mine Workers of America Local 9113 filed a grievance relating to the dismissal.
Hamborsky was charged Nov. 5 with two counts of possession with intent to deliver drugs and he was later ordered to stand trial in Fayette County Court on the charges.
The charges were filed following a sting conducted by the county’s drug task force. Detective Thomas O’Barto alleged that a confidential informant called Hamborsky to ask him if he would smuggle tobacco and drugs into the prison.
Authorities alleged the informant offered Hamborsky $75 if he would bring four Vicodin pills and the tobacco into the prison for the unidentified inmate.
The informant hid the pain pills and tobacco, along with the money, in a bag and stashed the bag underneath newspaper vending machines across the street from the prison entrance. O’Barto alleged that task force personnel watched as Hamborsky arrived at the prison around 11:30 p.m. Nov. 5, retrieved the bag and then went into the prison.
Once he got inside, police took Hamborsky into custody.
Hamborsky is awaiting trial on the charges.
Warden Larry Medlock previously said that Hamborsky was a full-time corrections officer who had worked at the prison for 21 years.
The prison board action was taken following an executive session to discuss the matter.
Prison board members Judge John Wagner, Sheriff Gary Brownfield and commission Chairman Vincent Zapotosky voted in favor of the recommendation. Commissioners Vincent A. Vicites and Angela M. Zimmerlink abstained and District Attorney Nancy D. Vernon was absent.
The agreement states that, depending on the final disposition of Hamborsky’s criminal charges, he may have various causes of action for violations of his civil rights, as well as other civil claims as a result of allegedly entrapping him into bringing drug, tobacco or other items into the prison on Nov. 5.
The agreement doesn’t “extinguish, release or discharge any individual who may be responsible for the alleged entrapment and Hamborsky’s ability to pursue civil causes of action against such individuals of any character, kind or nature, even though some of those individuals may be employed by the county.”
The county also agrees that if Hamborsky seeks job opportunities after the agreement is executed that the county “shall provide a neutral recommendation on behalf of Hamborsky.”
Zimmerlink, who has spoken out against how Felice Associates of Greensburg, the county’s human resource firm, has handled its duties, said this is another example of why she is dissatisfied with Felice.
“Felice Associates was consulted and, in fact, was in attendance at the meeting when this personnel action was discussed and the prison board unanimously voted,” Zimmerlink said.
Zimmerlink, who voted against retaining Felice Associates last month, said although in line with the contract with the county, Felice Associates and on-site human resource director Dominick Carnicelli are indemnified from actions taken by the county, Felice Associates should bear some responsibility.
“The firm is engaged, quite lucratively I add, to advise and assist the county on personnel related matters.
“It is their responsibility to assure proper procedures are being followed when personnel action is taken and county officials vote to take action,” Zimmerlink said.
John Felice of Felice Associates has previously stated that he has no responsibility or authority to hire or fire anyone under his contract; that is at the sole discretion of the election officials and judges.