State-agency firings:
For the second time in roughly a year, a state agency has fired a severely ill employee who was out on medical leave and unable to return to work. This time, the outspoken deputy director of the State Parks Department, who suffered a stroke, was ousted.
Arizona State Parks has fired a deputy director who was on long-term disability leave and recovering from a stroke that he says has left him with chronic pain, records obtained by The Arizona Republic show.
It is the second time in roughly a year that a state agency has fired a severely ill employee who was out on medical leave and unable to return to work.
In the recent case, Arizona State Parks Deputy Director Jim Keegan fired his peer, Deputy Director Kelly Moffitt, who had been on disability leave for more than a year. Moffitt, though on leave, has been an outspoken critic of their boss, Parks Director Sue Black.
A call to Keegan and an e-mail to the agency seeking comment were not returned.
However, Megan Rose, a spokeswoman for the Arizona Department of Administration, said Moffitt was “involuntarily separated” so the agency could fill his position.
Letter: ‘I hope this finds you well’
Firings of individuals on disability might violate federal labor law, according to a federal employment expert. The termination came in a short twoparagraph letter dated Aug. 11. It said because Moffitt was “unable to return to work,” he was separated from state service. The letter also cited a personnel rule as a reason for the termination.
That rule says an agency head may consider the failure or inability of an employee to return to work on the first day after an approved leave without pay as a resignation.
Moffitt said he never resigned, that he remains on long-term disability leave, and that his doctors have not authorized him to return to work.
“It looks like they are slamming the door on any opportunity that I can return, though I can’t expect them to hold my position forever,” Moffitt said. “I’m
just perplexed as to the purpose and the intent.”
The letter also included a handwritten note that said: “I hope this finds you well!”
Moffitt, 59, said in a telephone interview that he received the termination letter Saturday in the mail. He said he was stunned because he had no prior communication from the agency indicating his job was in jeopardy or that Parks wanted to fill it with someone else.
Moffitt believes he might have been fired because earlier this year he was among a handful of agency employees who stood behind claims that Black, an appointee of Gov. Doug Ducey, had engaged in bad behavior.
Emily Jurmu, another Parks executive, claimed Black berated staff, disclosed confidential information, used racial slurs and got drunk and belligerent while representing the agency at conferences.
Moffitt in March also joined two other former deputy directors at the agency in accusing Ducey’s office of sweeping complaints about Black’s conduct “under the rug” through a “cursory” outside investigation that resulted in the Governor’s Office clearing the Parks director.
“I can’t help but think this was some sort of vindictive move,” said Moffitt, adding that he took the handwritten note on his termination letter as sarcasm.
“If I was well, I wouldn’t be on disability leave,” Moffitt said.
Rose, the ADOA spokeswoman, said Moffitt was separated solely based on of a staffing decision.
More expensive health coverage?
Moffitt said he suffered two strokes in 2008 and 2009. He was able to return to work, and he said Black promoted him to deputy director. Moffitt said he experienced a setback — he blames what he claims is a toxic work environment under Black — that forced him to go on short-term disability leave in October 2015.
He then went on long-term leave in March 2016, receiving a portion of his $110,000 salary through a private insurance company.
Rose said when a state employee goes on long-term disability, the agency then involuntary separates the individual in order to fill that person’s position. Rose said she couldn’t speak to why the agency waited roughly a 11⁄2 years to officially separate Moffitt.
Daniel Scarpinato, a spokesman for Ducey, said he was unaware of the firing. He referred questions to ADOA, which handles personnel issues.
Moffitt said he contacted Parks and ADOA on Monday, but was not provided any answers as to whether he has lost his state medical insurance, which has allowed him to receive treatment from the Mayo Clinic and Barrow Neurological Institute. Moffitt said he’s concerned the termination will prevent him from purchasing health care from the state during open enrollment this fall.
“Then I will have to opt for something more expensive with worse coverage. That is pretty vindictive,” he said.
Rose said it was her understanding Moffitt will keep receiving his longterm disability payments and could still buy state health insurance.
Krista Watson, a spokeswoman for the federal Equal Employment Opportunity Commission, declined to comment on the case involving Moffitt.
However, she said in general an employer only can fire someone on longterm disability if the leave is creating an “undue hardship” on the business. She added that the employee would have a right to file a discrimination claim with the EEOC.
The Governor’s Office and state firings
In December, Ducey’s administration responded to the fallout of massive firings at state agencies by creating an additional layer of protection for state employees, and 47 state employees were offered their jobs back.
The Governor’s Office now requires agency directors to seek with every firing a review by a state human-resources officer.
If the human-resources officer does not agree with the firing, the agency director must then meet with the officer and justify it. Agency directors still have the final say, but all firings must be personally approved and signed by an agency director.
Assistant directors or managers are prohibited from firing staff.
Moffitt’s termination letter came from Keegan, a deputy director hired by Black. Keegan worked with Black in Wisconsin. Keegan is paid $142,000 a year.