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Members of the state’s Environmental Management Commission charged Warr had created at ADEM an atmosphere of public distrust and had overstepped his authority.
In other votes, the commission majority also elected a new chair and vice chair, replacing leaders who opposed firing Warr.
Environmentalists in Calhoun County later commented that the firing of Warr is a positive move that will profoundly affect state and local issues, ranging from the chemical weapons incinerator to how municipal development and residential construction are managed in the future.
A majority of Environmental Management Commission members said the final straw for Warr came at Tuesday’s meeting when he sought commission approval to suspend regulations on coastal reconstruction permits for structures damaged by Hurricane Ivan.
Warr told the board that suspending the regulations would allow “less administratively cumbersome” rules for property owners wishing to rebuild along the coast.
The majority of commissioners disagreed, saying that his recommendations constituted a significant rule change. Some members said after the meeting that Warr’s attempt to gain approval of the proposal, which he apparently already had started implementing, illustrated a pattern that is harming the public’s perception of ADEM.
“We need a new direction,” said Commissioner Patrick Byington. “We need a director who will be a strong advocate of the environment …This is part of a pattern of changes (that took part) without notification of the commission. We lost lawsuits and were not informed by the director … We need a change.”
The board voted to hire outside legal counsel to assist in the hiring of a new director.
Three board members tried to block Warr’s firing and said the move was an unethical, predetermined plan that warranted an investigation by the state attorney general.
“It is a sad day for this commission, the Alabama Department of Environmental Management and the state of Alabama that something like (firing the director) can happen over something so frivolous,” said Commissioner John Lester.
Commission chairman William Sanders asked the commission’s attorney to seek an investigation of the matter by Attorney General Troy King.
Contentiousness among the commission’s members continued throughout the three-hour meeting as they debated a motion to hold elections for the chair and vice chair positions.
The board’s rules call for elections to be held in October. However, in February 2002 the commission elected a chair and vice chair to serve three-year terms. Tuesday, the board received two opposing legal opinions on whether they should hold elections now or wait until February.
They opted to elect new officers. The commissioners who supported Warr’s removal took the reins from those who defended him. They agreed to seek an attorney general’s opinion on that matter, as well.
Warr was impassive throughout the meeting. Later he said he had no forewarning of the firing. He said after the meeting that the change he was seeking was not a rule change, but a way to ease the coastal rebuilding process. He said he did not understand why some commission members would use that as a reason to fire him.
Warr, 62, has worked since 1968 in various Alabama environmental agencies. He became ADEM director in 1996. Upon his firing, he said he would revert to his previous position at ADEM — deputy director — because of the state merit system, which provides job protection for state employees.
At the end of the meeting, the commission said ADEM’s deputy director, Marilyn Elliott, will be interim director. Warr asserted that under the merit system rules he is now the deputy director, and as such is the interim director.
As they exited the meeting, commissioners said their intention is for Elliott to be the interim director. They declined further comment. Several also declined comment on the chairman’s call for the attorney general to investigate the decision.
In Calhoun County, local environmental experts praised the firing of Warr, saying it was time the commission moved to restore public trust in the department.
“ADEM is one of the most criticized state agencies, and the director is one of the most criticized individuals within the agency,” said Pete Conroy, director of Jacksonville State University’s Environmental Policy and Information Center. “Right or wrong, many, many people have blamed Jim Warr for ADEM’s inadequacies and lack of proactive management … He has been there a long time and has done a lot of good things, but it is probably a good time for a new leader.”
Local political leaders had similar views.
“ADEM has had a very spotty history of enforcing the environmental regulations in Calhoun County, and that is precisely why we have some of the troubles that we have today,” said Robert Downing, Calhoun County Commissioner. “I don’t pin all that on Mr. Warr. But I think it is going to be healthy for the commission to have a change of leadership.”