Monroe deputy coroner with suit against the county, fired for “failure to cooperate”

Monroe County chief deputy coroner Michael Sak, who has filed a lawsuit against the county, was officially terminated at Wednesday’s commissioner’s meeting.

Sak had just returned from medical leave taken under the Family and Medical Leave Act when he was notified of his firing on Nov. 8.

On Sept. 8, Michael Sak filed a lawsuit against Monroe County Coroner Robert Allen, his wife Kathleen “Traci” Allen and the county, alleging a long list of inappropriate behaviors and mismanagement by both Allens.

On Nov. 20 that complaint was amended to include retaliation and violation of the Family and Medical Leave Act.

Sak, who served as chief deputy coroner until his firing on Nov. 8 and former deputy coroner Lauren Fizz have both filed complaints against the Allens and the county.

Both are represented by attorneys David Deratzian and Rebecca Mitchell of Hahalis and Kounoupis of Bethlehem. The suits name Robert Allen both individually and in his capacity as coroner for the county, Kathleen “Traci” Allen and Monroe County.

In the original complaint, both Fizz and Sak make numerous allegations against the coroner and his wife. Traci Allen is alleged to have taken over the duties of coroner and to have moved into Robert Allen’s office.

Among the more serious allegations against Traci Allen are that she has created a “sexually hostile” work environment which includes “openly discussing her marital infidelities and marital difficulties, displaying photographs of male genitalia and leaving work for a liaison in the woods.”

Traci Allen is also accused of “taking personal property” and “prescription medication” from the recently dead rather than following established protocol for handling property and medication.

Fizz also alleges that Traci Allen is having an affair with a deputy coroner and that said deputy wanted her terminated and that same deputy coroner made false accusations of Fizz having a sexual encounter with a police officer at the death scene.

Fizz claims that the accusation resulted in her being suspended without pay. Fizz also states that she later found out that Traci Allen had been intercepting and retaining her paychecks.

Sak’s complaint alleges that Traci Allen made sexual advances toward him in February 2016 and again in July of this year. Sak was compelled to reveal his wife’s behavior to Robert Allen after Traci Allen made a scene in the office at which time Sak claims Traci Allen demanded he be fired.

Sak also alleged that in retaliation for his reporting the misconduct of Robert and Traci Allen to the County Department of Human Resources he was accused of failing to follow proper protocols during an autopsy.

According to the amended complaint Sak had taken leave under the FMLA due to the “stress and anxiety caused by the illegal and unethical actions of Robert and Traci Allen.”

The complaint goes on to state that when Sak returned to work on Nov. 7 he was stripped of his title and of the duties of chief deputy coroner and was advised that he was now to report to Traci Allen.

Sak’s name was also added to the “on-call schedule.” The reason given was there was a shortage of staff, but Sak alleged that there was no change in the on-call staff from before his leave.

According to the amended complaint “Plaintiff (Sak) had the right under the FMLA to be restored to his position with the same conditions of employment.”

Sak took his concerns to the county’s human resources director Bonnie Ace-Sattur. The complaint states that Ace-Sattur had already notified Sak that the county “had taken the position that it had no power to intercede in the employment decisions made by an elected official such as Robert Allen.”

Additionally the complaint states that the union which represents the employees of the Coroner’s Office was also powerless to assist Sak.

“At the time that Plaintiff (Sak) was promoted to Chief Deputy, Robert and Traci Allen represented to him that this promotion took him outside of the bargaining unit that applied to other employees of the Coroner’s Office,” it was stated in the complaint.

The complaint goes on the state that Sak has followed the protocol set out for members of the Collective Bargaining Unit since it is not clear if he falls under the union’s protection or not.

According to Sak when he returned to work on Nov. 8 he was terminated for refusing to cooperate.

When contacted regarding Sak’s termination Traci Allen refused to comment and referred all requests to the Ace-Sattur’s office which has not returned calls regarding the matter.

Robert Allen was defeated in November’s general election and will be leaving the coroner’s office as of Jan. 1.

Coroner-elect Thomas Yanac Jr., chose not to comment on the current coroner, his staff or the pending lawsuits at this time.

Allen has publicly stated that the lawsuits were filed to aid Yanac in his bid to replace him.