SC’s disabilities agency director was fired. Why she’s getting 6 months of pay
Commissioners who oversee the South Carolina agency that provides services to people with disabilities and special needs improperly removed its former state director, illegally held meetings through email, and now owe her about six months worth of pay, a judge ruled .
The ruling, filed Wednesday, doesn’t mean Mary Poole, who was fired by the state Department of Disabilities and Special Needs Commission in February, will be back on the job. Though Poole has been reinstated as director of the agency, she isn’t taking an active role and her stint may not be for long.
In his ruling, Judge Lawton McIntosh wrote that allowing Poole to resume her duties would be disruptive.
The agency’s seven-member commission has 60 days to properly remove Poole in a way that conforms with the state’s open records and meetings law. The commission has a meeting scheduled Thursday morning, when members are scheduled to take action related to the state director pursuant to the court order.
McIntosh also ruled Poole is entitled to her salary and benefits as if she had not been fired in February.
Poole was hired to lead the state’s disabilities and special needs agency in 2018 and earned $171,404 a year.
Agency representatives did not immediately respond to messages and phone calls seeking comment.
In June, Poole filed a lawsuit in Richland County against her former employer, an internal auditor and four of its commissioners claiming improper firing, public record violations, as well as defamation and civil conspiracy by the commission’s board members who discussed Poole’s future in emails.
The emailed communications, which included a script of questions commissioners would ask during the Feb. 18 executive session, constituted an illegal meeting, the judge ruled.
“We brought the actions of four commissioners that were done in secret out into the daylight,” Poole said in a statement. “DDSN and the commission are in dire need of more transparency. I believe the court’s order will encourage positive reforms. I will continue to advocate for people with disabilities and look forward to restoring my reputation.”
The defamation and civil conspiracy claims are still pending in the case.
The commission said it fired Poole because she mishandled a sexual harassment claim within the executive office. In previous documents, Poole said she had placed the accused employee on leave while outside counsel investigated the claim. She also kept the board chairman updated on the situation.
“Ms. Poole has devoted her career to serving and advocating for people with disabilities,” said Jack Cohoon, Poole’s attorney. “The commission’s claimed reason for her discharge is clearly false. We will continue to fight for her reputation and get to the bottom of what happened in this case.”
