No decision on Mathis appeal
The N.C. Employment Security Commission has 30 days to consider its options in a superior court ruling that overturned its conclusions of law.
Last week, the ESC commission decision granting Denise Mathis, the former director of the Haywood County Council on Aging, unemployment benefits and concluding her actions amounted only to “substantial fault,” not misconduct, was overturned.
Superior Court Judge Dennis Winner ruled the transcripts offered as hearing testimony showed Mathis’ admitted actions amounted to “intentional misconduct.”
Camilla McClain, an attorney with the N.C. ESC, said the commission has not made a definite decision regarding any further steps that will be taken.
“The judge’s order speaks for itself,” she said, noting that if no appeal is filed, the commission will comply with the order and enter the ruling that Mathis’ actions constituted misconduct.
Such a ruling would not affect the past unemployment benefits of about $9,500 Mathis has been paid, McClain added. And, the decision sets no future precedent the commission will be bound by for future actions.
“A Superior Court decision is never precedent setting,” she said. “It is not a binding precedent on any further case the commission has or will have. If we don’t appeal to the Court of Appeals, we’ve got to do what the judge says for this case.”
One issue that could affect the commission’s action is whether Mathis’ attorney, Mark Jenkins, opts to appeal.
“If the case went to the Court of Appeals, it would not be appropriate for the ESC to not have one of its attorneys there,” she said. Jenkins failed to return a phone call asking for comment.
Russell McLean, a Waynesville attorney who represents Mathis in the embezzlement charges she faces, said he couldn’t comment on this ruling’s effect on his case.
“But it begs some serious questions if you have such confusion civilly,” he said. “If two judges, a full panel of the ESC and four lawyers can’t even agree civilly on what she was doing, it begs the question of any other charges.”
McLean said another administrative court date on the Mathis case is set for Feb. 16. At that time, he is hoping requested documents will be available.
“We’ve got a lot of stuff subpoenaed that we’re hoping will be brought to court — letters sent to ESC by certain individuals in the community — and we’re still trying to get up with the report of the forensic auditor who did the (Council on Aging) audit.”
