Kanawha County Prosecuting Attorney Mark Plants says no criminal charges will be filed against three state employees accused of improperly intervening in a state contract award through the state Department of Health and Human Resources.
“While there appears to have been violations of internal policy and the exercise of bad judgment, the three employees did not attempt to hide their actions and there is no evidence they intended to commit a crime,” Plants said in a statement released Monday.
“Because there is no criminal intent, there is insufficient evidence to prosecute any violation of criminal law.”
Susan Perry, DHHR’s Deputy Secretary for Legal Affairs, along with General Counsel Jennifer Taylor returned to work last December after spending months on leave ordered by DHHR Acting Secretary Rocco Fucillo. The two have filed whistle blower lawsuits against DHHR.
A third DHHR worker, Spokesperson John Law, was also on leave but has since been fired.
The three reportedly questioned the award of a multimillion dollar marketing contract to Fahlgren Mortine, the high bidder for the work. They were accused of trying to intervene.
The lawsuits from Taylor and Perry claim they were trying to correct mistakes.
“I will leave any administrative remedies up to their employer, but this conduct doesn’t rise to the criminal level,” Plants said of the criminal investigation which is now closed.