CHARLESTON - A suspended executive director of an educational program has filed a petition against the West Virginia Board of Education, state Superintendent Steven L. Paine and state Board of Education President Lowell E. Johnson.
L. Carol Morgan filed a petition for injunctive relief, mandamus and appeal of an illegal administrative decision and proceeding May 10 in Kanawha Circuit Court.
Morgan is the Executive Director of RESA-I, one of eight educational regions the state is divided into. Her region has its offices in Raleigh County.
"On March 23, 2006, Petitioner reminded Defendant Board and its individual members of its failures and defiance of directives given to it by the State of West Virginia's special report of the Office of the Legislative Auditor covering the West Virginia Board of Education's failures of internal control for the structuring of regional education services agencies," the complaint says.
Also on March 23, Morgan, a resident of Wyoming County, says the issue of her employment came up after she spoke up. She claims that because that matter wasn't on the meeting agenda and she wasn't offered a choice between having an open meeting or closed session, it was an illegally conducted meeting.
She also contends that the Board took secret and unsworn testimony of numerous witnesses while excluding her and her attorney.
She adds there was another meeting regarding her employment on April 13 where there was no record taken and no witnesses present.
Another meeting was to be held May 1, though Morgan says a letter was sent to her attorney, Erwin Conrad, saying if Morgan would retire, then no meeting would need to be held.
Morgan didn't retire, and she says she was suspended 90 days without pay. She adds that her position is already promised to someone else.
She is seeking that her suspension be reversed and annulled and that she be reinstated. She also seeks back pay and transcripts of all meetings her employment was called into question.
Judge Jennifer Bailey Walker has been assigned the case.
Kanawha Circuit Court case number 06-C-885