EYEWITNESS LOCAL NEWSNO PROSECUTION PLANNED
from Eyewitness News Online
Kanawha Prosecutors Says His Office Will Not Prosecute In DHHR Contract Case
Reported by: Jeff Morris
Web Producer: Jeff Morris
Also Contributing: Associated Press
Reported: Jan. 28, 2013 2:27 PM EST
Updated: Jan. 29, 2013 11:45 AM EST
Charleston , Kanawha County , West Virginia
Kanawha County Prosecutor Mark Plants said his office will not prosecute anyone in connection with an investigation of three employees related to the award of a state contract at the West Virginia Department of Health and Human Resources.
Plants said Monday that his office has completed its investigation, is declining to prosecute and will refer the matter to "the responsible state authorities to take such administrative sanctions as they deem appropriate."
"While there appears to have been violations of internal policy and the exercise of bad judgment, the three employees did not attempt to hide their actions and there is no evidence they intended to commit a crime," Plants said. "Because there is no criminal intent, there is insufficient evidence to prosecutive any violation of criminal law.
"I will leave any administrative remedies up to their employer, but this conduct doesn't rise to the criminal level. The outcome of the bid itself was not compromised, and the law was ultimately followed in the award of the contract."
The Associated Press reported that the DHHR previously said it plans to fire one of three officials placed on leave amid a dispute contract bids. Department spokeswoman Marsha Dadisman says Assistant Secretary John Law was scheduled to be dismissed Jan. 23.
Law has been on administrative leave since July along with Deputy Secretary Susan Perry and general counsel Jennifer Taylor. That action followed a running disagreement over the scoring of bids for a six-figure advertising contract.
Perry and Taylor have since filed separate whistleblower lawsuits. Law did not sue, but said Tuesday he is considering his options.
The department's inspector general has investigated the case and filed a report with Kanawha County's prosecutor.
The 56-year-old Law has been with the department since 2001.
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