Sat Nov 07 2009
Although state officials unilaterally rescinded five of the seven-day suspension imposed on him for alleged computer abuse, a state employee will continue to fight the disciplinary action in court.
An evidentiary hearing before the Personnel Board was scheduled today for Alvin Wilson, but he withdrew it Monday afternoon for a court battle.
In a letter, his attorney, Debra Doss, said they'll pursue the matter in Franklin Circuit Court. She did not immediately return a call seeking comment and Wilson had previously declined to comment on the case.
Wilson is an administrative branch manager in the Office for Civil Rights and Small Business Development in the Transportation Cabinet.
Wilson was suspended for seven days in June 2007 after he was accused of using his state computer to visit more than 1,400 non-worked related Web sites, including Youtube, shopping sites and music pages.
However, the Transportation Cabinet rescinded part of the suspension after a report by the Office of Inspector General showed that the data used to discipline Wilson and seven colleagues was "worthless."
Wilson was awarded back pay as part of the unilateral decision.
Seven other employees filed appeals but negotiated a settlement with the Transportation Cabinet " most of those appeals were reduced or dismissed.
However, Wilson, a resident of Frankfort, was also suspended for two days because he failed to report a threat made against a supervisor. According to a letter from his attorney, Wilson will present evidence and
call witnesses to show the alleged threat was taken out of context.
"No one who heard this comment took it seriously," Doss wrote.
According to the letter of suspension, Ricardo Moore threatened to "kick his ass," referring to then executive director Jose Ceballos.
Doss described the meeting as one in which employees were "venting frustrations" and that although six other employees heard the comment, only Wilson was punished.
John Harrison, attorney for the Transportation Cabinet, had previously declined to comment on the case or describe the manner in which the suspension was rescinded.
Wilson and his colleagues also claimed the suspensions were in retaliation for complaints against Ceballos.
A staff adviser said then-deputy cabinet secretary Crystal Ducker was angry that the employees had complained about Ceballos. The inspector general's report said the decision to suspend the employees was inconsistent and appeared to be retaliation.
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