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PARKERSBURG – A notice of claim filed by Finance Director Ashley Flowers’ attorney against the city says Mayor Bob Newell gave her the choice of resigning with severance or facing termination last month for discussing their affair at work.
Meanwhile, Mayor Joe Santer, who took office Thursday upon Newell’s retirement going into effect at midnight, said the city needs a new finance director.
As mayor, only Santer has the authority to terminate Flowers and appoint a replacement. He said he has no plans for the latter, but has not ruled out the former.
“I’ve not made any decision in that regard,” he said.
Newell announced his retirement Wednesday morning, saying he did not want to put his wife through a hearing before a three-judge panel to determine whether he could remain in office due to allegations of misuse of funds and an affair with Flowers. He also said he didn’t want to continue to drag the city through the process, which would have continued after the hearing with West Virginia Ethics Commission complaints.
Flowers is on paid leave following her Feb. 11 arrest on two felony counts of child endangerment. She’s accused of leaving her two young daughters unattended in an unlocked car in the Grand Central Mall parking lot.
The letter from Flowers’ attorney, Ben Salango, was provided to the Parkersburg News and Sentinel Thursday by the mayor’s office. Dated May 15, it says the city’s self-insured retention amount of $25,000 “is insufficient to resolve this claim and we will need to involve the City’s insurer if we are able to amicably resolve the matter.”
Santer, who is continuing to serve as city attorney with Assistant City Attorney Rob Tebay taking on more duties, said the matter has been turned over to the city’s insurance provider, OneBeacon, which assigned the Charleston law firm of Shuman, McCuskey and Slicer.
The letter from Salango says Flowers and Newell engaged in “an inappropriate extramarital affair.
“The Mayor made clear that if Ms. Flowers disclosed their affair he would retaliate against her,” it says.
In a recording posted in April on social media website SoundCloud by people apparently affiliated with a local Facebook page and Twitter feed, a man believed to be Newell says to a woman believed to be Flowers that if their relationship is revealed “I will fire you and step down.” Asked about the recording then, Newell said if it was him it was taken out of context and “obviously it did become public, and I didn’t fire her.”
Newell has declined to confirm or deny the affair. In February, Flowers issued a public statement admitting to and apologizing for the affair.
Reprisal against her for doing so is what precipitated the claim against the city, Salango said.
The May 15 letter says that “this week, the Mayor gave Ms. Flowers the option of resigning with severance of (sic) facing termination. The primary reason advanced by the Mayor for termination is because Ms. Flowers purportedly discussed the extramarital affair at work.
“Of course, this is exactly the type of retaliation and intimidation that is prohibited by West Virginia law,” it says.
Asked about the allegations in the letter, Newell’s attorney, Harry Deitzler, said attorney John McCuskey is representing the city on the claim.
McCuskey did not immediately return a call seeking comment Thursday afternoon.
Santer was asked about Flowers Thursday in response to comments made by Councilman Jim Reed. Speaking about a proposed audit some council members want done of certain city funds and financial procedures, Reed said the main issue appears to be errors in posting, such as revenue posted in expense lines, rather than misuse of funds.
“In my opinion, the finance director needs to be replaced,” Reed said. “That’s just based on what we’ve seen as far as the posting errors and her misconduct.”
Santer said he agreed with Reed’s assessment.
“But having said that, I certainly am not in a position to determine who would be the next finance director,” he said.
Santer said that’s a decision that should be made by whoever will finish out the remainder of Newell’s term, a job for which he said he’s unlikely to apply. He praised Personnel Director Pam Salvage’s efforts in taking on many of Flowers’ responsibilities, but said “I recognize that what we’ve been doing has been less than satisfactory.”
Someone needs to come in and guide the department going forward, and “I would not anticipate that Miss Flowers would be that person,” Santer said.
Asked about Reed’s comments, Salango contended his client’s revelation of the affair was the reason for any action that might be taken against her.
“If City Council or anyone else in the City of Parkersburg wants to replace Ashley Flowers under the guise of inadvertent posting errors, they can certainly try to do that,” he said. “But we all know that’s not the real reason they want her replaced.”
Salango said Flowers would like to be doing her job again.
“She would love to come back to work. However, they won’t let her,” he said.
Placing her on leave would make sense if the charges involved her job, Salango said, but they do not.
Santer said the city has placed employees on leave in recent years when they are charged with “serious crimes.”