The county moved 25 employees of Child Support Services Friday
from a mold-infested building
– a working environment claimed as the cause of numerous
physical ailments during the past two years.
The county moved 25 employees of Child Support Services Friday from a mold-infested building – a working environment claimed as the cause of numerous physical ailments during the past two years.
Workers packed their belongings after being told Wednesday of the abrupt move, and at 5 p.m. Friday they left the Child Support Services offices at 220 San Felipe Road to a new location at 2320 Technology Parkway.
During the next eight to 10 months the mold-infested building will be cleaned and renovated, according to Charles Kelly, the attorney representing the plaintiffs in a lawsuit filed Dec. 18 against the landlord.
Regardless of three “chaotic” days last week, the workers were elated about the move, according to one of the plaintiffs, Nancy Velho, who vowed they will never return to the old site again.
“We’re thrilled to be moving, bottom line,” Velho said.
County Administrative Officer Gil Solorio also said there is “no intention of moving back” to the previous location. Kelly said the workers are just relieved to finally move out.
“There’s been anxiety and fear,” he said. “They’ve known now for three months there’s mold there. Obviously when you become aware, you don’t want to be there.”
Twenty-four of the 25 employees of the San Benito County Department of Child Support Services filed the suit against Lawrence Family LLP, the owner of the building, citing neglect of a mold problem that caused several ailments including three cases of asthma. One employee, a manager, did not join the suit.
By request of the workers and their attorney, two separate medical agencies have performed several tests on the building. The most recent results from Air Quality Sciences revealed toxic mold and pronounced a necessity for an immediate move, according to Velho.
She said the latest test was the reason county officials decided to act, after two previous inspections had confirmed toxic mold.
Kelly agreed with Velho’s contention.
“Put it this way – It took the county three months to get these women out of there,” Kelly said, “even longer because there were complaints prior to the lawsuit.”
However, Solorio said the county had seriously considered other buildings for the move – sites which all fell through after officials discovered structural problems. He did not say definitively whether the latest report by Air Quality Sciences prompted a quicker move.
“When Air Quality (Sciences) reported their findings, it helped formulate a decision to move,” Solorio said.
Solorio wanted to make clear that the lawsuit is not against the county or state. Rather, the litigation is against the Lawrence Family, which incidentally filed a counter-complaint Friday against the county and two maintenance companies – R.M. Bracco, Inc. and Charles Frost Roofing, Inc.
The Lawrence Family alleges that the county breached a contract between the two “by failing to maintain the premises as clean and sanitary…” according to court documents.
With regards to the two companies, the Lawrence Family’s complaint said R.M. Bracco, Inc. failed “to provide preventative maintenance” of the project and Charles Frost Roofing, Inc. failed “to provide construction services” of the property.
Kelly said the defendant is liable because the Lawrence Family knew about the problem and failed to address it. He said he has not concluded the amount of the lawsuit yet because of its complexity.
“Everyone’s been injured in a different way,” he said.
Although none of the plaintiffs have resigned since learning of the mold – Kelly said most have expressed worries for their livelihoods and “having a roof over their family” – other Child Support Services employees in the last couple of years have left because of mold-related health concerns, he said.
Now, the workers are just happy about worrying less and working more.
“People will be here be here every single day instead of being out ill,” Velho said. “It will improve our work performance.”
