By Jessica Kerman
ANDERSON — A federal judge has set a 2009 date to hear the case of the former head of the Victim’s Advocacy Agency who filed a lawsuit against Prosecutor Thomas Broderick Jr. claiming her termination was politically motivated.
Broderick, a Democrat, fired Melinda Padgett, a Republican, on Jan. 1, 2007, when Broderick took office.
Padgett filed the case in Madison Superior Court 1 on Feb. 25. Padgett worked at the prosecutor’s office from Jan. 1, 1999, until Jan. 1, 2007, when Broderick fired her, according to the complaint.
“The case that she has is that she was fired because of political discrimination,” David Happe, Padgett’s attorney, said.
Julianna Pierce, Broderick’s attorney from the Indiana Attorney General’s office, declined to comment on the case. Staci Schneider, spokeswoman for the Attorney General’s office, said comments must come from Broderick.
“The suit doesn’t have any merit at all,” Broderick said. “They filed the lawsuit, and of course the attorney general represents me, and we’ve denied the allegations that they set forth.”
When a political administration changes, some positions are subject to change because they handle sensitive information or create policies, according to case law.
However, Happe said, these are exceptions, not the rule.
“It’s a flexible standard,” he said.
For example, an executive secretary who takes messages for an elected official and handles sensitive information would be subject to lose the job when the administration changed, Happe said.
Padgett’s job did not fall under this category, the lawsuit claims.
“Her job consisted of getting information from deputy prosecutors to the victims, keeping victims advised on their cases, and she was over a couple of people in the office,” Happe said.
Broderick said he kept several people in policy-making positions who worked under the previous administration. However, he would not describe why he fired Padgett.
Padgett said she had started working for the former prosecutor, Rodney Cummings, in 1999 as a victim advocate.
“Within two years, I moved up to director of the program,” she said.
She served as the supervisor over four victims advocates.
“All I really want to do is help people,” Padgett said. “I never really considered myself a political person.”
After she was fired, Padgett worked for the Anderson Police Department, where she was removed from her position to make it a merit position for an officer.
After the change at the Police Department, which resulted in Padgett’s dismissal from the department, she filed the lawsuit.
Padgett is currently unemployed, she said. She also serves as Adams Township trustee since 1995.
The case was moved to federal court because it is concerning a federal statute that addresses political discrimination, Happe said.
After a pretrial conference in early June, United States Magistrate Judge Jane Magmus-Stinson set Jan. 13, 2009, as the settlement conference date for the case. Happe said every federal case must go through a formal negotiation process before it actually goes to trial, in case the suit can be filed out of court.
The trial is set for September 2009, if a settlement does not happen, Happe said.
Currently, the director of advocacy services makes $34,814 annual salary, according to records from Madison County. Padgett’s suit requests payment for attorney fees and unpaid wages for longevity, vacation and holiday pay. No amount was set for the claims.
“The truth is it’s going to depend on her employment history going forward,” Happe said.
Padgett said she believes she was wronged.
“I just really felt like they let me go because of my political affiliation,” she said.
However, Broderick said politics had nothing to do with the change.
“What I was seeking were people I could trust and have confidence in, and I just believe that political affiliation had nothing to do with it,” he said.
