CHARLESTON, W.Va. — Eleven of the employees who were fired from the West Virginia Secretary of State’s office as it changed hands from incumbent Democrat Natalie Tennant to Republican Mac Warner have hired a lawyer and are considering suing.
“If my investigation determines that it was discrimination or the impact of his policy was discriminatory in nature, then we will be filing a lawsuit,” their lawyer, Ben Salango, said in a telephone interview today.
During the post-election transition, Warner and his top staff sent a letter to Tennant providing notification that 16 positions in the office would be overturned. Thirteen then-employees were named specifically with the others already departing for new jobs or retirement.
Warner plans to fill 14 of the positions. Tennant said the office had been staffed at 51 employees.
Some were top staff like the chief counsel and the chief of staff under Tennant. But others were long-time rank-and-file, like Rose McCoy, a business and licensing specialist who has worked in state government for 50 years.
Warner’s office has said each employee who wanted to remain with the office was given an interview but that a certain amount of turnover was necessary to put the office on a new path after the election.
Salango acknowleged that those who were fired are at-will employees but he said his initial impression is that they could have legal grievances.
“They are all at-will employees, but there are certain protected classes based on race, gender, age,” he said. “If you look at the ones he fired, most fall into these classes.”
He referred specifically to McCoy, saying, “One (employee) had worked there for 50 years. She started in 1967 and had been there through all those administrations.”
Mike Queen, the communications director under Warner, said today that the office is confident in the procedure it went through to select employees who would make the transition.
“It wasn’t like we just went in and picked people,” Queen said in a telephone interview.
“There was no consideration to what political party they belong to. There was no political persuasion given at all. If the attorneys that are investigating this, if they are doing a fair evaluation of the situation, they’ll realize it.”
Warner won election because voters and those who do business with the office wanted change, Queen said. And to change how the office works, some turnover of personnel was necessary, Queen said.
“The logic used was that the November general election was a mandate for change,” he said. “It meant there had to be a mandate to change. Interviews were given. Everybody was interviewed. A review of each division within the Secretary of State’s office was reviewed. We had talked with county clerks and city clerks and business leaders about things we needed to improve upon.
“We made recommendations to Secretary Warner, and Secretary Warner acted on those recommendations.”
One of those to lose employment is Layna Brown, the Elections Divisions manager, who had been with the office for 19 years. In an earlier interview, Tennant said Brown worked her way up through the office to that leadership position. “We saw that value she had.”
Others with longer tenures who were let go include Tim Richards, business and licensing specialist, with 28 years in the office, head receptionist Nancy Harrison, 12 years; chief information officer Beth Ann Surber, 10 years; and legislative liaison Dave Nichols, eight years.
More who weren’t retained include chief of staff Sheryl Webb; executive assistant Bradley Harris; chief counsel Ashley Summitt; elections specialists Tammy Roberts and Cristie Hamilton; business and licensing specialists Anna-Dean Mathewson and Jacob Kinder, public relations specialist Samuel Speciale, regional supervisor Shonette Kingston, and receptionist Christina Stowers.
Salango said he will make a determination about whether a lawsuit is viable after learning more, including about who Warner has hired to assume the vacated positions.
“I have to investigate and make sure there is a claim and find out who he has hired,” Salango said.