CHARLESTON – A City of Nitro employee says he has been the victim of retaliation after reporting misconduct by other city workers.
Kevin Williams filed his complaint April 12 in Kanawha Circuit Court against the city.
According to the complaint, Williams has been employed by Nitro since January 2018 as a diesel mechanic in the Public Works department. In September 2021, he says he blew the whistle against multiple other city employees who were engaging in illegal activities such as stealing tools, parting out government vehicles, embezzlement and fraud.
"Mr. Williams is a man of integrity and honor who believes in accountability and maintaining the public trust, and that's why he is speaking up," attorney Michael Cary told The West Virginia Record. "I am happy to represent Mr. Williams in his quest to hold his superiors accountable and maintain the public trust."
In retaliation, Williams says he has been subjected to a hostile work environment, demotion and retaliation by Nitro Mayor David Casebolt, former Public Works Director Alex Hill, current Director Dale Dues and Assistant Director Rich Easter.
Williams says he and another employee reported Hill, Easter, CDL drivers Floyd Southall and Kenny Lucas as well as heavy equipment operator Jason Jones to City Treasurer John Young for illegal activity. He says Young reported the misconduct to the Nitro Police Department, which assigned a new detective to work with Williams and the other employee to collect evidence.
“Alex Hill discovered that hidden cameras had been installed on the premises and told the Nitro Police Department detectives to ‘get the shit out of here,’” the complaint states. “The Nitro Police Department then relied solely on the assistance of plaintiff Williams and his fellow coworker to gather information and collect evidence about possible theft, embezzlement, and misconduct.”
Williams said the city took no disciplinary action against the employees. But, he says Casebolt called him and asked him to come to City Hall for an “inconspicuous” private meeting.
“Casebolt met with the plaintiff to review a case log of all purchases made for the City of Nitro by the plaintiff,” the complaint states. “Casebolt asked plaintiff to scour the purchases for any discrepancies.”
The purchase of parts for a Kawasaki Mule was brought to Williams’ attention. The city does not own a Kawasaki vehicle, and Williams told the mayor he didn’t purchase the parts or authorize anyone to do so. He said someone must have used his name to purchase such items.
“Casebolt then opened the door where Alex Hill was eavesdropping and told him to come into the office,” the complaint continues. “Unbeknownst to the plaintiff, Alex Hill was listening to the entire conversation between plaintiff Williams and Mayor Casebolt which included plaintiff disclosing misconduct by Mr. Hill himself.
“As such, Alex Hill realized that plaintiff was the whistleblower.”
During the meeting, he says Hill claims to have filed a police report on behalf of Williams based on a credible threat made by another employee against Williams for reporting the misconduct. He says Hill refused to identify the person who had made the threat.
Williams says the work environment became so hostile and concerning that Casebolt installed hidden security cameras, placed an undercover officer in the Public Works back parking lot and told Williams to switch his work schedule to allow him extra protection during work hours.
“Williams was threatened and harassed by coworkers and employees specifically, Floyd Southall, Rich Easter and Jason Jones, who told Kevin to ‘get his nose out of their shit,’” the complaint states.
Other examples of the hostile work environment and retaliation include:
X Casebolt announcing the salaries of two former employees would be divided equally among every employee. But Williams says every employee except him and the other one who first reported the misconduct received the raises.
X Jones, Southall and Easter worked to have Williams fired. “We wouldn’t even be in this meeting had he just kept his damn mouth shut,” Jones said during a meeting with Casebolt.
X When Jones took medical leave for a work injury, Williams says the work environment was mostly pleasant until he returned. It then became hostile again immediately.
On March 23, 2023, Williams says he reported a coworker for stealing vehicle fluids and oil for personal use to the city’s fire chief, who suggested Williams also report it to City Council member Emily Bar.
The next day, Williams says Casebolt confronted him and loudly stated in front of several other employees, “You and I are going to have a talk. I’m not playing games anymore.”
Later in the day during a meeting with Casebolt and Dues, Williams says he reported coworker Chris Quillen for stealing oil for his personal vehicle and that Easter had authorized it.
“Casebolt admits that things went missing in the past and states that he ‘could’ve handled it better’ and ‘When I get mad, I can get real mad,’” the complaint states, referring to confronting Williams earlier in the day. “Casebolt further admits, ‘Kevin is in a tough spot over here. Rich knows better than that. I don’t know why Rich would do that.’”
Williams requested to be transferred to another department, but it was denied by Casebolt and Dues.
“The following day Dale Dues called plaintiff Williams to assure him that he was safe and stated, ‘I’ll take care of it. This should’ve been done a long time ago,’’ the complaint states.
But, Williams says no actions have been taken to ensure his safety or to ensure the reported misconduct is addressed.
He also says an employee approached him March 31 about another employee engaging in illegal conduct while working for the city. Also, he says city employee Troy Desmond threatened his coworkers by saying, “The director can cover you in public works but not out there.”
Williams accuses the city of violating the West Virginia Whistle-Blower Law, violating the state Constitution and the First Amendment of the U.S. Constitution, civil conspiracy, negligent hiring, negligent supervision and negligent retention. He seeks compensatory for back pay, fringe benefits, emotional distress, annoyance, aggravation, and inconvenience. He also seeks punitive damages, pre- and post-judgment interests, court costs and attorney fees.
Williams is being represented by Cary of Cary Law Office in Charleston. The case has been assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number 23-C-324