Secretary Alleges Firing was Politically Motivated

Point Pleasant, WVA former secretary for the city of Point Pleasant, West Virginia has alleged that her removal from her position was politically motivated. The firing occurred after a 2007 municipal election ousted former mayor James H. Wilson.

On March 26, 2008, Harriet Nibert filed a wrongful termination lawsuit against the city and former mayor Marilyn L. McDaniel, Wilson's successor. In the complaint, Nibert alleges that employees associated with the previous administration, including her, were released from their positions in a way that violated the West Virginia Open Governmental Proceedings Act.

Nibert was employed as the mayor's executive secretary between the dates of February 2002 and June 2007. However, she alleges that the city council eliminated her position before their first meeting, which resulted in the cessation of her position on July 1, 2007. According to the complaint, Nibert says that her termination letter was delivered to her on July 2, 2007 by new mayor McDaniel. Immediately after the termination, her position was filled by Louise Hudson, a Republican like the mayor. Nibert is a registered Democrat.

The May 19 election resulted in Republicans taking seven of the eight offices that were open. Dr. Bill Park was the only Democrat to take office, but had no opposition in the election. In the meantime, McDaniel beat out Wilson for re-election. Wilson had barely defeated McDaniel just four years earlier.

It was on June 30, 2007 that Mason Circuit Judge Thomas C. Evans III swore the newly elected into office. After the swearing in, the new council held its first meeting on July 9, but Nibert had received the letter from McDaniel on July 2. However, Nibert noticed that the letter was dated July 1, which was a Sunday.

Attorney Walt Auvil says that because Nibert didn't hold a confidential or policy making position, her termination violates her rights to freedom of association. Auvil has also said in the suit that her termination violates Article III, Section 7, of West Virginia's Constitution because the termination was based upon political reasons.

In the suit, Nibert is asking for compensation for emotional and mental distress, lost wages, reinstatement, punitive damages, and other relief that may be found to be appropriate.

On April 8, Wood Circuit Judge Jeffrey B. Reed was appointed to hear the case.

By: Ginger Gillenwater