SUMMERSVILLE, WV (LOOTPRESS) – A gay former county employee is claiming civil rights and other human rights violations by the Nicholas County Commission.
The action further claims the commissioners violated the Whistleblower Statute,” as well as arguing that it is a discharge in contravention of public policy. Also, the plaintiff maintains commissioners intentionally inflicted emotional distress and are guilty of outrageous conduct. They also allegedly violated the Civil Rights Act of 1964 and 1991, as well as the WV Human Rights Act.
In a suit filed by former Kanawha County Prosecutor Mike Clifford, the three county commissioners are alleged to have acted in a retaliatory manner toward Charles W. Bickford. The complaint was filed Friday afternoon in Nicholas County Circuit Court.
The commission and Commissioners Garrett Cole, Lloyd Adkins, and D. Craig Chapman are named as defendants in the case. All are given 20 days to answer the allegations.
The suit alleges that Bickford “is a gay man” who at all pertinent times was a resident of Nicholas County. It further maintains that since October 2008, the plaintiff was an employee of the Nicholas County Division of Homeland Security & Emergency Management, a division of the Nicholas County Commission.
Bickford said when he was employed, he was given an employee “manual.” Throughout the period that is the subject of his suit, Bickford said he complied with requirements in that manual. In addition, the manual says the county is an “Equal Opportunity Employer.” Misusing county equipment can lead to employee disciplinary action, the manual says. Such action can be as severe as termination.
On December 29, 2020, the suit alleges, Homeland Security staff member Annette Taylor was contacted by County Clerk Bobby Painter seeking information for budgeting purposes. This information was stored on a computer normally operated by Homeland Security Director Shawn Wolford, who was on vacation at the time. Taylor asked Bickford to help her retrieve the needed data from Wolford’s computer.
It was then, the suit claims, that the two employees discovered “inappropriate and pornographic images upon the computer of Mr. Wolford.” The pair could not discern the age of the person pictured. Bickford and/or Taylor contacted County Commission President Cole, who came to the office and viewed the images. Cole then contacted the West Virginia State Police, who conducted an investigation.
Although Wolford was later apparently suspended and Bickford was interviewed by police, neither plaintiff knows the outcome of the investigation.
“Upon information and belief, the Commission suspended Wolford,” the suit says because Wolford was off work for a while. He then returned in his former capacity, which included supervising Bickford and Taylor.
On February 21, Bickford received an email, terminating him immediately and offering no explanation.
Since then, the suit says, he has exhausted all grievance procedures and still never been given a reason for the firing. Throughout, the commissioners have maintained that Bickford is an “at-will” employee, and they are not required to give their reason.
The suit asks for damages as well as attorney fees and costs. It also demands a jury trial.