Whistleblower Act invoked in Madison County lawsuit

A former employee of Madison County's Chemical Stockpile Emergency Preparedness Program has sued the county and her former boss, saying she was fired after exposing misappropriation of funds by the county.

Tamatha Everard filed the suit Tuesday in U.S. District Court in Lexington. She asks for unspecified compensatory and punitive damages from the defendants: Steve Popyach, her former supervisor at CSEPP; Madison Judge-Executive Kent Clark; and Magistrates Roger Barger, Larry Combs, Billy Ray Hughes and William Tudor.

Madison County Attorney Marc Robbins yesterday said he had not had a chance to review the complaint but that the county would defend the case vigorously.

CSEPP receives federal money to enhance emergency preparedness in communities around the nation's eight chemical weapons stockpiles, including the Blue Grass Army Depot in Richmond. The funds, administered through the state, are used for equipment, personnel, training and public awareness.

Everard, 33, of Madison County, was hired in September as the local agency's financial officer. Her duties included auditing its financial records, reconciling purchase orders and filling out reimbursement forms.

According to the suit, Everard discovered in October or early November that the county had bought a computer networking system despite repeatedly being told not to by the state.

She was unable to find documentation for the purchase when she received a $20,000 bill from BellSouth, she said in an interview Thursday.

CSEPP was operating without a budget at the time because the federal fiscal year ends Sept. 30 and new funds usually don't become available until late December or early January. Agencies aren't supposed to make major purchases during this period, she said.

The state wound up paying for the system, which is used to link government agencies in Madison County to one another. Everard said she does not know what the system cost.

Everard learned from state officials that the county had used CSEPP funds instead of its own money for the purchase. She was then directed to conduct an audit of the local agency by the Kentucky Emergency Management Agency, of which CSEPP is a part, according to the lawsuit.

"I was very much caught in the middle," she said.

She completed the audit on Jan. 16. On Jan. 21, according to the suit, Popyach fired her without warning.

She said he told her, "It's just not working out. You're not compatible with the program."

But when Everard applied for unemployment benefits, she learned that Popyach had accused her of being insubordinate, she said.

The county hired Popyach Dec. 9 to head its Emergency Management Agency. Calls there for comment were referred to Robbins, the county attorney.

Everard, who is about to begin a temporary job with the state, alleges in the suit that the defendants violated her rights under the First and 14th Amendments and the Kentucky Whistleblower Act.