No charges in DHHR investigation [Charleston Daily Mail, W.Va.]

(Charleston Daily Mail (WV) Via Acquire Media NewsEdge) Jan. 29--CHARLESTON, W.Va. -- The three state employees accused of meddling in a multi-million dollar marketing contract did not commit any crimes, Kanawha County Prosecutor Mark Plants said Monday.

Plants announced that his office finished its review of the investigation report compiled by the state Department of Health and Human Resources Inspector General regarding the roles of three DHHR employees in awarding a state marketing contract. His office was given the hefty report in November.

Plants said he would not initiate prosecution on the matter and would refer it to the proper state authorities for whatever administrative sanctions they saw fit.

"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. "Because there is no criminal intent, there is insufficient evidence to prosecute any violation of criminal law.

"I will leave any administrative remedies up to their employer, but this conduct doesn't rise to the criminal level." His office found the outcome of the bid itself was not compromised and the law was ultimately followed in the awarding of the contract.

The report was compiled after a lengthy search in September that ended in the DHHR accusing deputy secretary for legal affairs Susan Perry, general counsel Jennifer Taylor and assistant secretary John Law of trying to illegally interfere with the awarding of a marketing contract.

Law, who was fired earlier this month, did not take part in evaluating the new contract with an outside marketing firm because he was in contact with the Charleston-based Arnold Agency, then the DHHR's marketing firm.

The evaluation committee, made up of three individuals and led by Law's deputy, Marsha Dadisman, reviewed the bids and went with the highest bidder -- Fahlgren Mortine of Ohio. That firm scored 93.96 out of 100 possible points in the scoring process. The Arnold Agency, the lowest bidder, came in at 93 points.

It was then that the three were accused of getting involved in the bidding process.

The three were thought to have questioned other officials' decision to award the contract to the highest bidder. A review of state purchasing documents by the Daily Mail showed a number of judgment calls made by the evaluation team gave Fahlgren the edge over the local Arnold Agency.

The three were barred from their offices in mid-July by acting DHHR Secretary Rocco Fucillo.

Perry and Taylor still work for the DHHR but were reassigned to lighter duties. Both have since filed whistleblower lawsuits.

The DHHR had little to say about the prosecutor's findings Monday.

"The DHHR appreciates the diligence of the Office of the Prosecuting Attorney for its work in this matter," Dadisman said. "We understand the Prosecuting Attorney's office concluded that the investigation by the Inspector General was thorough, complete and independent." Dadisman would not comment further, saying the issue was a personnel matter and involved in litigation.

Plants said the Inspector General's investigation included witness statements and that all parties, including those suspected of wrongdoing, cooperated with the investigation.

The written report and all evidence pertaining to it was returned to the Inspector General's office, Plants said.

Contact writer Ashley B. Craig at ashley.craig@dailymail.com or 304-348-4850.

___ (c)2013 the Charleston Daily Mail (Charleston, W.Va.) Visit the Charleston Daily Mail (Charleston, W.Va.) at www.dailymail.com Distributed by MCT Information Services

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