Carroll County sued by former assistant director of nursing

OSSIPEE — Carroll County is being sued by the former assistant director of nursing at Mountain View Community, the county nursing home. In her lawsuit, Patti Cain claims she was improperly fired for being a whistleblower.

Cain, of Wolfeboro, had worked at Mountain View, for about a dozen years before being abruptly terminated in November of 2022.

She was third in line behind then-Administrator Dee Brown and Director of Nursing Sue Dodier.

Since Cain’s departure, Brown quit and was replaced by Rich Leboeuf, a former state employee.

At the time of Cain’s termination, she was told by county officials her position was being eliminated for budgetary reasons.

Cain filed suit in Carroll County Superior Court on Nov. 11. Benjamin King of Douglas, Leonard & Garvey in Concord is representing her.

Cain seeks a jury trial. She alleges the county wrongfully discharged and violated the Whistleblower Protection Act. She seeks compensatory damages, reasonable attorneys fees and any other costs.

The lawsuit says she had received positive feedback about her job performance until the fall of 2021. On Oct. 6, 2021, she attended a meeting about how county commissioners were planning to spend American Rescue Act funds. The commissioners revealed a plan to use most of the money to renovate the nursing home annex. Cain said the money would be better spent on staff salaries.

Shortly afterward, the commissioners met with Cain, Brown and Dodier. Commissioners Kimberly Tessari (R-Ossipee) and Matthew Plache (R-Wolfeboro), who have since both resigned, reprimanded Cain for her comments at the Oct. 6 meeting, states the lawsuit.

“The defendant punished Ms. Cain for exercising her public employee free speech rights, first reproving her and then ultimately firing her in violation of RSA98-E:2,” it says.

It adds that Cain “has suffered and continues to suffer damages, including but not limited to lost wages, lost employment benefits, lost earning capacity, emotional distress, humiliation, inconvenience and loss of enjoyment of life.”

Tessari and Plache have been replaced by Chuck McGee (R-Moultonborough) and Bill Nelson (R-Brookfield).

In March of 2022, Cain told Human Sources Generalist Taylor Gun that the county “failed to follow COVID protocol” during an employee meeting about insurance benefits with New Hampshire Interlocal Trust.

According to the lawsuit, Human Resources Director Linda Matchett “summoned” Cain to a meeting at Brown’s office. Matchett reportedly told Cain the commissioners were concerned that Cain was “abrupt” with Gunn.

“Ms. Cain’s comments at the Oct. 6, 2021, public meeting continued to upset the commissioners, according to Ms. Matchett,” said the lawsuit.

Around the same time, a high school-age licensed nursing assistant asked Cain about a scholarship program at Mountain View. Cain asked Brown and the HR department to look into it.

“Ms. Cain reported to human resources her concern that the (the county) held scholarship monies in a trust that (it) was not disbursing,” said the lawsuit.

In June of 2022, Cain complained about bark mulch being dumped in handicapped spaces near the front door. Two weeks later, Cain complained about it again and Brown allegedly told Cain to “focus on something else.”

Cain also said she was not given proper notice of her termination nor afforded hearings she was entitled to.

According to the lawsuit, she was denied a hearing before the county’s personnel committee. The stated reason for her firing was budget reasons but money for her position remained through 2022.

Cain also considers herself a whistleblower.

“The defendant fired Ms. Cain because she reported acts and omissions that she reasonably believed violated laws or rules of the United States, the state of New Hampshire and/or a political subdivision of the state of New Hampshire, including the defendant’s violation of RSA 265:74-a, I (b) through its failure to clear an obstruction from a parking space reserved for a person with a walking disability, and the defendant’s failure to follow COVID-19 protocol in the conduct of employee meetings held on the defendant’s premises,” states the lawsuit.

On Thursday, Superior Court Judge Mark Attorri granted a motion by the county’s legal counsel, Tom Closson of Thomas Closson Attorney at Law in Amherst, to extend the deadline for the county’s response.

Now, the county has until Feb. 23 to respond to Cain.

•••

These articles are being shared by partners in The Granite State News Collaborative. For more information visit collaborativenh.org.