Lawsuit and counterclaim filed over Kovach 'Yes 4 Schools' case

Attorney General seeks a hearing before judge in the criminal case

The legal battles continue over the handling of the Berkeley County School District’s “Yes 4 Schools” campaign and a subsequent criminal investigation into ethical misconduct.

In the last several weeks, a civil lawsuit and a counterclaim have been filed as a result of the case - the first by Amy Kovach, the district’s former communications and community relations director, and the second, a response and counterclaim filed by Berkeley County Councilman and local attorney Josh Whitley, who is among several defendants named in Kovach’s suit. Additionally, Assistant Deputy Attorney General Creighton Waters has asked the judge in the criminal case for a hearing concerning the allegations in Kovach’s civil lawsuit.

Kovach plead guilty on August 28 to one count of common law misconduct in office and one count of using government resources to influence an election, a violation of the South Carolina Ethics Act. After admitting to the crimes against her under oath, Kovach was sentenced to a total of six years in prison on both counts, which was suspended to two years’ probation, and a $25,000 fine for the ethics violation. Two forgery charges and one perjury charge were dismissed.

On October 15, about six weeks after her conviction, Kovach filed suit against the Berkeley County School District, among other defendants, through her attorney Nancy Bloodgood, alleging breaches of the covenant of “good faith and fair dealing” and fiduciary duty, as well as gross negligence and misrepresentation. In the filing, Kovach alleges that the district wrongfully terminated her on September 8, after her conviction, and states that the district “was well advised of all details of her work and that individual Board Members were often present with her at community meetings” related to the Yes 4 Schools campaign.

According to the suit, Kovach claims she never exceeded the authority she was given by the Berkeley County School Board (BCSB) or acted in any manner other than pursuant to the BCSB’s directives.

The complaint notes that Kovach, after receiving “no support” from the BCSD, eventually plead guilty to the criminal charges because she had “to end the criminal proceedings for her own mental health,” yet she “had only ever done as instructed” by the district. “Withstanding a trial, including the extended publicity, was simply not mentally or emotionally feasible for Plaintiff or her family,” the complaint states.

In the complaint, Kovach alleges she was told repeatedly by district officials and legal counsel that she had done nothing wrong. The district, which reportedly paid over $300,000 towards Kovach’s legal expenses, as well as her salary over the course of the investigation, released the following statement about the filing.

“Berkeley County School District is saddened by Ms. Amy Kovach’s lawsuit alleging that the District failed to sufficiently support her in her recent prosecution by the Attorney General’s office. On the contrary, as repeatedly stated by the District, the District has sought to fully respect the rights of its employees, including Ms. Kovach, involved in the Attorney General’s office’s prosecution and investigation relating to the 2012 school improvement bond referendum. In an effort to meet its obligations to Ms. Kovach, the District has funded her legal defense with regard to the indictment under the Ethics Act brought against her, even though the District has been repeatedly criticized by many citizens for doing so.”

In the suit, Kovach also called into question the Attorney General’s handling of the case, stating in part that he sought to “make an example” of her while turning a head to many other similarly situated “entities.”

“Even though numerous elected officials and school district employees routinely support school bond referendums and did so in 2012 at the same time as the Berkeley County School District, only a few BCSD district employees, including the Plaintiff, apparently were of any interest to the Attorney General,” stated the filing.

Kovach’s complaint also alleges that the State Law Enforcement Division (SLED) falsified documents, and that the Attorney General’s office manufactured charges in the case - although neither were named as defendants in her suit. In addition, Kovach stated in the filing that the Attorney General’s prosecution has been “devastating to her and her family” and that she has “lost all ability to practice at her previously successful career.” The publicity over the case has resulted in “severe distress and damage” the suit continued, and Kovach “cannot shop or use services in Berkeley County without someone saying something mean to her.”

Soon after its filing, Kovach’s suit caught the attention of the Attorney General’s Office. On October 28, Assistant Deputy Attorney General Creighton Waters, one of the prosecutors on her case, fired off a letter to the Honorable Jeffrey Young, who presided over Kovach’s conviction and sentencing in August. In the letter, Waters wrote that in the suit are “a number of false and objectively disprovable claims regarding her criminal conduct as well as the handling of the case by SLED and the AGs office.”

“Not only were the facts I related to the Court accurate and supported by an extensive review of the evidence,” continued Waters, “but Kovach admitted to them under oath.”

Waters asked the Judge for a hearing before the Court with Kovach and her counsel to address “these very serious concerns.”

Also named in Kovach’s suit and accused of “civil conspiracy” are Whitley; the Berkeley County Republican Party, of which Whitley is a former Chair; former BCSD Board Members Scott Marino and Terry Hardesty; and Karen Whitley, mother to Josh and a district associate superintendent who was recently appointed principal of the new Philip Simmons Elementary School.

Kovach claims in her suit that Josh Whitley directed his complaints to a “close friend” in the Attorney General’s office to receive special attention on the case - and that his efforts were in large part retribution for district personnel matters involving his mother and his sister, who reportedly did not receive a principal position she was seeking. Whitley has denied those claims.

In addition, Kovach stated in the suit that Whitley played an “active and inappropriate role” in the SLED investigation and that he “publicly disparaged” Kovach using inaccurate information for the purpose of “intimidating and harming” her. Hardesty is also accused of “civil assault” in the suit, relating to an alleged altercation that Kovach states occurred at a polling site on the day of the bond referendum election.

“First and foremost I categorically deny Ms. Kovach’s claims against me,” said Hardesty, when asked to comment on the suit. “This is simply a frivolous lawsuit that I believe will quickly be dismissed…”

Karen Whitley’s attorney, Howell Morrison, is confident the case against his client will also be dismissed.

“We have spoken with plaintiff’s counsel and are hopeful that Dr. Karen Whitley will be dismissed from the case quickly before it consumes any more of her time and resources,” said Morrison. “Karen Whitley is first and foremost a dedicated teacher and has no interest in disputing with Amy Kovach why she did what she admitted doing.”

Attorney Stephen Brown, who is representing Marino, said his client will “vigorously defend the frivolous claim against him.”

Josh Whitley files responses to Kovach suit

Last week, Josh Whitley answered the claims made against him by Kovach by filing a series of legal retorts, including a counterclaim and motions for sanctions against her attorney and dismissal of the case. In the submission, he denies Kovach was wrongfully terminated by the school district because she is a “convicted criminal,” a title he used to identify Kovach throughout his filing.

“It would be unprecedented for Plaintiff’s employment to continue based on her convictions,” he stated.

Whitley also claimed that the convictions demonstrate “the frivolous nature of the Plaintiff’s lawsuit” and Kovach is merely seeking “to avoid the consequences of her criminal misconduct and guilty plea by blaming the concerned citizen who worked to bring her misconduct to light.” He also denies that the Berkeley County Republican Party (BCRP) had “any role whatsoever in the opposition to the referendum,” as alleged by Kovach in the lawsuit.

Additionally, Whitley alleges that both Kovach and former BCSD Superintendent Rodney Thompson committed defamation for their alleged actions towards him during the investigation.

Whitley also named Bloodgood in his motion for sanctions, alleging she either failed to review the transcript of Kovach’s sworn testimony when she entered her guilty pleas, or “chose to ignore it.” When asked for comment on the matter, Bloodgood would say only that she did “read the transcript.”

As for the “civil conspiracy” claim, Whitley stated in his response that Kovach and her attorney failed to provide factual evidence to support the claim, thus he has asked for the suit to be dismissed.

Whitley said that he is unable to comment on pending legal matters, but that “the filings speak loudly for themselves.”

Kovach is seeking actual, equitable and punitive damages, attorney fees, and other costs, as well as other relief deemed appropriate by the court.

In his countersuit, Whitley is seeking a hearing to dismiss the case and to revoke Kovach’s probation, as well as payment for his costs and attorney fees. He also asked that monies paid to Kovach by the district (her attorney fees and salary during the investigation) be returned to taxpayers.

Daniel Island Publishing

225 Seven Farms Drive
Unit 108
Daniel Island, SC 29492 

Office Number: 843-856-1999
Fax Number: 843-856-8555

 

Breaking News Alerts

To sign up for breaking news email alerts, Click on the email address below and put "email alerts" in the subject line: sdetar@thedanielislandnews.com

Comment Here