Warr says he's acting director of ADEM
The day after he was dismissed by the Alabama Environmental Management Commission, Jim Warr wrote members claiming he is acting director of the Alabama Department of Environmental Management.
He had a right to claim a state Merit System job as deputy director if he lost his job as director of the department. As deputy director, he wrote, he automatically becomes acting director during a vacancy.
Efforts to reach Warr for comment Wednesday were unsuccessful. So, too, were efforts to reach Marilyn Elliott, who was named acting director at Tuesday's meeting. Elliott was deputy director of the department.
After Warr was dismissed as director by a divided commission, Commissioner Scott Phillips said Elliott under state law would serve as acting director.
At that point, Warr jumped to the podium and stated his intention to reclaim his job as deputy director. He did not explain that he intended to take over as acting director.
Personnel chief's view:
Tommy Flowers, director of the state Personnel Department, said both Elliott and Warr are deputy directors of ADEM. He said he and his lawyer believe Warr is acting director.
Flowers said he and his attorney base their opinions only on state rules and laws. He said they did not attend Tuesday's meeting and were not aware of all the discussions that took place and their legal consequences.
However, he said he believes Warr is the deputy director with the top priority under the law since his rights to reclaim that job are specifically protected.
Commissioner Pat Byington, who made the motion to terminate Warr, said the 22-year ADEM employee clearly is not acting upon the intent of the commission.
"How can you continue to operate as director, even acting director, when you don't have the confidence of the commission members?" Byington asked. "It's very surreal. We need to get about the business of getting a new director, and we need a clean transition."
Warr concluded his letter with a promise to retire in June and to attend until then to the commission's priorities.
Although Warr has worked for the state for 35 years, longer than is necessary for full retirement, a June retirement would allow him to take advantage of a state program that gives an additional lump sum to long-term employees who commit to stay for a specific period. However, whether he serves as acting director or deputy director under Elliott would not affect his retirement or pay. His pay dropped about $2,000 with the demotion, from $121,000 to $119,000, Flowers said.
Olivia Rowell, general counsel for ADEM, and William Little, an assistant attorney general who served as the commission's attorney Tuesday, said their legal opinions on Warr's status had not been sought and they had not researched the matter.
David Ludder, ADEM's former general counsel, said it's his opinion from reading the statute and attending the meeting that Elliott is acting director of the department because she was deputy director at the time Warr was dismissed.
Under the law, the deputy director ascends to acting director as soon as the director is removed and serves until a replacement is chosen.
The commissioners who voted to fire Warr cited his failure to enforce the Coastal Management Act, which regulates beachfront construction. They have also butted heads with Warr in recent years over efforts to get the department to make records more accessible to the public, improve water rules and work with the Legislature, the public and the media.
E-mail: kbouma@bhamnews.com