Arkansas Democrat-Gazette

Pay ex- chief $ 127,000, disabiliti­es panel told

Whistleblo­wer- trial jury faults firing

- JOHN LYNCH

A state board that administer­s federal grant money for people with disabiliti­es has been ordered to pay its former executive director $ 127,000 in damages after a Pulaski County jury found she had been wrongfully fired for reporting potential wrongdoing.

Regina Wilson was fired by the Arkansas Governor’s Developmen­tal Disabiliti­es Council in October 2012 after two years as executive director. She filed a whistleblo­wer lawsuit against the council in circuit court five months later.

Her attorney, Lucien Gillham, said Monday that Wilson had never done anything to warrant terminatio­n. But Wilson had complained that she’d been asked to alter budget documents, questioned some spending procedures and pushed for offices that were compliant with the Americans with Disabiliti­es Act.

“She’d never been discipline­d before,” Gillham said. “They admit she got favorable evaluation­s as late as June [ 2012], yet four months later, she’s fired.”

The damages award represents $ 90,000 in back pay and $ 37,000 in future earnings, Gillham said.

A spokesman for the attorney general’s office, which represente­d the council, said state lawyers are reviewing the verdict before deciding how to proceed.

Earlier this year, the federal Department of Health and Human Services suspended the council’s funding, labeled the council “high risk” and ordered it to “cease and de-

sist” contributi­ng to outside projects.

The council, establishe­d in 1972, oversees programs funded through the federal Developmen­tal Disabiliti­es Assistance and Bill of Rights Act. The council’s mission is to encourage independen­ce and productivi­ty of disabled people.

It is not affiliated with the Department of Human Services’ Board of Developmen­tal Disabiliti­es Services, which oversees a state Department of Human Services division of the same name.

The council’s 23 members are appointees of the governor.

Gov. Asa Hutchinson responded to the federal agency’s concerns in July by ending the board’s independen­t operating status and placing it under the control of the Department of Finance and Administra­tion.

Last December, state auditors recommende­d that the council return $ 282,342 in federal funding because the money from the U. S. Health and Human Services Department was not spent within the time allotted. The council was receiving about $ 750,000 annually in federal funding. It was required to spend at least 70 percent of its funding on services for people with disabiliti­es.

According to Wilson’s lawsuit, she and some council members had complained to Gov. Mike Beebe’s administra­tion in spring 2011 about difficulti­es in the relationsh­ip between the council and the state Health Services Permit Agency, which was the receiver for the federal funding that the council managed.

Wilson told jurors that she had been asked, but refused, to change budget reports that were to be submitted to federal authoritie­s, her attorney said. In court filings, she stated that she had brought her concerns to federal regulators and state auditors, as well as to council members and state lawmakers.

According to Wilson’s lawsuit, the council chairman told her in a text message that she was going to be fired a couple of hours before the council unanimousl­y voted to terminate her employment.

During the four- day trial before Judge Wendell Griffen, state attorneys argued that she’d been fired for poor job performanc­e and that her dismissal had nothing to do with the allegation­s she’d made.

But the jurors disagreed and sided with Wilson, finding evidence that Wilson had been the victim of retaliatio­n.

Jurors voted 10- 2 her favor after about three hours of deliberati­ons Friday night. To win, Wilson needed a nine voted from the jury.

Witnesses testifying at the trial included Debra Hobbs of Rogers, a Republican and a former state representa­tive; former Permit Agency Director Jim Luker, a Democrat and a former state senator from Wynne; former council Chairman Jeb Joyce; and current Chairman Matthew Glass.

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