When attorneys for the Division of Culture and History filed a motion to dismiss the personnel grievance of fired Archives and History Director Fred Armstrong because his grievance did not provide specific reasons why he believes he was treated unfairly, Armstrong came back with both guns blazing.
When attorneys for the Division of Culture and History filed a motion to dismiss the personnel grievance of fired Archives and History Director Fred Armstrong because his grievance did not provide specific reasons why he believes he was treated unfairly, Armstrong came back with both guns blazing.
His amended grievance, filed with the state Public Employees Grievance Board last week, provides details and names that Armstrong believes led to his firing on Nov. 1.
Foremost, of course, were discussions Armstrong said began within six months of his termination to move the state archives library and place an "eating establishment" in its location at the Cultural Center.
"I, when asked, voiced my obvious objections to such a proposal," Armstrong writes. "Historical records are not as a rule merged within a lending library for obvious reasons, and the introduction of a restaurant in the vicinity of a historical archive is merely asking for rodent and pest problems.
"It is clear to me that in my attempt to voice legitimate and professional concerns regarding this proposal so as to insure the statutory law of West Virginia was fulfilled [state law mandates that the state maintain an archives library], I was viewed by my superiors as insubordinate," he adds.
Armstrong cites two other events he believes led to his firing:
One was the ongoing dispute over a request to install historical markers in Wayne County designating graves of Revolutionary War soldiers. However, the state Archives and History Commission twice rejected the request, concluding that while service in the American Revolution was important, the graves do not have any unique historical significance.
Shortly after the second rejection in May 2007, Armstrong states that he was called into a meeting with Culture and History Director Randall Reid-Smith and unidentified representatives of House Speaker Rick Thompson, D-Wayne.
"The representatives of the speaker's office wanted the Wayne County historical markers approved and inquired who was going to 'make this happen.' Commissioner Reid-Smith assured the representatives that it would be done," Armstrong writes.
Armstrong says his efforts to adhere to the published rules and regulations for the historical markers, and to assure the "process did not devolve into a political system" played a "direct role" in his termination.
Thirdly, Armstrong says he was reprimanded in April 2006 by Education and the Arts Secretary Kay Goodwin for objecting to her decision to transfer publication of the annual West Virginia History from Archives and History to the West Virginia University Press.
(Again, state law mandates that Archives and History is to publish an annual history.)
"On April 10, 2006, I was issued a written reprimand by Secretary Goodwin for insubordination," Armstrong writes. "The 'insubordination' was, in my opinion,
my actions to comply with West Virginia statutory law."
When attorneys for the Division of Culture and History filed a motion to dismiss the personnel grievance of fired Archives and History Director Fred Armstrong because his grievance did not provide specific reasons why he believes he was treated unfairly, Armstrong came back with both guns blazing.
His amended grievance, filed with the state Public Employees Grievance Board last week, provides details and names that Armstrong believes led to his firing on Nov. 1.
Foremost, of course, were discussions Armstrong said began within six months of his termination to move the state archives library and place an "eating establishment" in its location at the Cultural Center.
"I, when asked, voiced my obvious objections to such a proposal," Armstrong writes. "Historical records are not as a rule merged within a lending library for obvious reasons, and the introduction of a restaurant in the vicinity of a historical archive is merely asking for rodent and pest problems.
"It is clear to me that in my attempt to voice legitimate and professional concerns regarding this proposal so as to insure the statutory law of West Virginia was fulfilled [state law mandates that the state maintain an archives library], I was viewed by my superiors as insubordinate," he adds.
Armstrong cites two other events he believes led to his firing:
One was the ongoing dispute over a request to install historical markers in Wayne County designating graves of Revolutionary War soldiers. However, the state Archives and History Commission twice rejected the request, concluding that while service in the American Revolution was important, the graves do not have any unique historical significance.
Shortly after the second rejection in May 2007, Armstrong states that he was called into a meeting with Culture and History Director Randall Reid-Smith and unidentified representatives of House Speaker Rick Thompson, D-Wayne.
"The representatives of the speaker's office wanted the Wayne County historical markers approved and inquired who was going to 'make this happen.' Commissioner Reid-Smith assured the representatives that it would be done," Armstrong writes.
Armstrong says his efforts to adhere to the published rules and regulations for the historical markers, and to assure the "process did not devolve into a political system" played a "direct role" in his termination.
Thirdly, Armstrong says he was reprimanded in April 2006 by Education and the Arts Secretary Kay Goodwin for objecting to her decision to transfer publication of the annual West Virginia History from Archives and History to the West Virginia University Press.
(Again, state law mandates that Archives and History is to publish an annual history.)
"On April 10, 2006, I was issued a written reprimand by Secretary Goodwin for insubordination," Armstrong writes. "The 'insubordination' was, in my opinion,
my actions to comply with West Virginia statutory law."
While the grievance hearing is probably just a pretext for getting a wrongful termination suit into circuit court, this could get interesting.
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Speaking of the state archives, those unwaveringly dedicated genealogists with the Mining Your History Foundation were able to get bills introduced in the House and Senate last week that would effectively block plans to open a café in the Cultural Center.
The bills (SB328, HB4126) would prohibit the sale of food or drinks in the facility, and also would prohibit any merging of the archives library with the Library Commission lending library on the other side of the Cultural Center. The bills also include provisions to expand the archives library into space currently used for art exhibitions.
While chances for passage aren't great - the House bill is designated "by request," which generally indicates the sponsors have introduced it as a gesture for constituents, but don't intend to pursue it - and it's questionable whether legislators will want to fight the Manchin administration on this particular issue.
Still, the Senate bill has 14 sponsors, including heavy hitters such as Finance Chairman Walt Helmick, D-Pocahontas; Judiciary Chairman Jeff Kessler, D-Marshall; and Education Chairman Bob Plymale, D-Wayne.
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Ironic, isn't it, that someone of the impeccable integrity of Fred Armstrong was escorted out of the Cultural Center by a security guard on his final day, but Rich Rodriguez was given unrestricted access to the athletic department offices after he quit at WVU?
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Finally, as governor, Sen. Jay Rockefeller was notorious for never carrying pocket money, which frequently required him to borrow cash from income-challenged reporters while on the road.
So it was no surprise that when he filed for re-election last week at the secretary of state's office, he had to borrow $13 to pay his filing fee.
Election filing fees are 1 percent of the salary for the office being sought, and Jay apparently had failed to figure in the automatic 2.5 percent cost-of-living increase that Congress gives itself each year.
To contact staff writer Phil Kabler, e-mail ph...@wvgazette.com or call 348-1220.
