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Ethics charges filed over off-the-books absences in WV Court of Claims

CHARLESTON, W.Va. — The state Ethics Commission has filed charges against retired Court of Claims clerk Cheryle Hall, saying she allowed more than one employee to take time off without using their sick or annual leave time.

The off-the-books absences at the Court of Claims, which hears claims against the state for monetary damages, were brought up last year in a legislative audit that concluded such absences amounted to $24,000 in state money.

Staff at the Court of Claims said Hall retired this past Friday. She had worked there since July, 1969.

MORE: Read the statement of charges.

The ethics charges against Hall focus on a section of state code that say a public official may not knowingly or intentionally use their office or his or her own gain or for that of another person.

Cheryle Hall

In this case, Hall is accused of looking the other way for two employees.

“Respondent Hall knowingly and intentionally failed to enforce the requirement that staff members under her supervision maintain accurate and timely records of their work hours,” the statement of charges alleged.

One employee of the Court of Claims was paid for 32 days — or 224 hours — she did not work between December 16, 2014, and June 30, 2016, according to the Ethics Commission.

The employee was paid $3,520 in benefits and wages.

Hall allowed it, but entered into a verbal agreement to let the employee make up the time by working extra hours during the work week and weekends. During June 2016, Hall learned the extra hours weren’t being worked, according to the ethics charges.

Hall and the employee then reached a new agreement for the employee to take three days leave without pay each of the next three pay periods to make up for nine of the days missed earlier.

A second employee also was allowed to miss work without taking annual or sick leave or requesting time without pay, according to the charges.

That employee was paid for 24 days — or a little more than 174 hours — between March 25, 2013, and August 20, 2015. The total compensation was valued at $4,046.

That employee also received an additional $1,514 unused annual leave when she resigned.

A public hearing on the ethics charges against Hall has been set for 10 a.m. Sept. 28-29 before independent hearing examiner Jennifer Narog Taylor at the Ethics Commission offices at 210 Brooks Street, Charleston.

According to state code, potential penalties include public reprimand, cease and desist orders, orders of restitution, fines not to exceed $5,000 per violation or reimbursement to the Ethics Commission the actual costs of investigating and prosecuting a violation.

Last fall in a meeting of the legislative Post Audits Subcommittee, Hall said that the audit came up because of the actions of one employee, causing the entire staff to be audited “to the Nth degree.”

“I don’t agree with everything that was said to you because most of the employees had leave that they could have put the leave found into the leave system,” she told the committee. “They have not been permitted to do that. I’m assuming they will be now that their punishments have been enacted.”

Several of the employees involved had been disciplined, Hall claimed.

“One was terminated, one has left the state and does owe for time. I fully admit that,” she said. “The third employee has been with me for 28 years, and is ready, willing and able to pay the state. All of the other employees’ leave was accurate.”

 





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