Cabell County's Alternative Sentencing Director Tom Bevins is out of a job today,
but his attorney promises that isn't the end of the story.
"Mr. Bevins intends to litigate," Lee Booten, one of Bevins' lawyers, told the commission. "But if the court rules the commission had the power and acted accordingly, he'll live with it."
The 2-1 vote to fire Tom Bevins Wednesday occurred after several closed-door meetings. The commission refused to publicly state why Bevins was fired. Commissioner J.R. Blankenship voted against the firing
What is known is that Bevins refused to agree to attend personnel management and anger management programs as part of a six month probationary period.
The document outlining the probation requirements defined sexual harassment and the anger management program "emphasized hostile work place environments and sexual harassment in the work place."
The commission withdrew that document when Bevins told the group that he would officially sign the document under duress and would not waive his right to sue the commission.
Bevins has been associated with the program since the mid-1990s
Bevins' attorneys, Booten and Neil Bouchillon questioned the County Commission's authority to fire Bevins. They claim West Virginia law allows the commission to hire him, with approval of the Cabell County's Circuit Court Judges, and that the Cabell County Sheriff, in this case, Kim Wolfe, supervises the position.
Wolfe accused the commission of stepping into his job territory by leaving him out of the loop when Bevins was investigated.
"The allegations should have come to me," said Wolfe. "I don't even know what they are. The statute is clear: The commission hires and the sheriff supervises. Any time you get into an investigation and discipline, it would seem prudent to involve the sheriff. The sheriff is the chief law enforcement officer in the county. If someone is making accusations of wrong-doings, the sheriff surely should be informed."
Commissioner L.D. Egnor disagreed with Wolfe, claiming the commission acted correctly. "We differ on who the employee works for," said Egnor.
"I work for the citizens, not you," Wolfe said to Egnor. "You are a commissioner, I'm the sheriff. You want to be sheriff? Run for it."
County Attorney William T. Watson was ordered by the commission to investigate allegations of problems in the home confinement program a few weeks ago.
According to the Cabell County Circuit Clerk, there have not been any lawsuits filed against Bevins, although some could still be filed.
Retired Huntington police officer Don Black was appointed as the program's interim director.