Pictured here with Mason Circuit Judge Thomas C. Evans III are members of the Point Pleasant city council during a swearing in ceremony on June 30, 2007. A lawsuit filed by Harriett Nibert, the wife of Mason’s other circuit judge, David W. Nibert, alleges she was fired the next day from her position as city secretary for politically motivated reasons.
POINT PLEASANT – A former Point Pleasant city employee is alleging her removal as secretary following least year’s municipal election was politically motivated.
On March 26, Harriett Nibert filed suit against both the city of Point Pleasant and former Mayor Marilyn L. McDaniel for wrongful termination. In her complaint and suit filed with the assistance of Walt Auvil, with the Parkersburg law firm of Rusen and Auvil, Nibert alleges she “and other City employees associated with the previous administration of Democratic Mayor James H. Wilson were conducted in violation of the West Virginia Open Governmental Proceedings Act …”
Specifically, Nibert alleges that from February 2002 until June 29, 2007, she was employed as executive secretary to the Mayor. On June 29, 2007, Nibert says “her position as Executive Secretary was eliminated by the City Council of the City of Point Pleasant effective July 1, 2007.”
According to court records, Nibert’s termination letter, which was dated on a Sunday, “was delivered to the Plaintiff on Monday, July 2, 2007 by Defendant McDaniel.”
“Plaintiff was immediately initially replaced by Louise Hudson,” Nibert says in her suit. “Hudson was a Republican. Plaintiff is and at all times relevant hereto has been a registered Democrat.”
During the May 19 municipal election, Republicans won in seven of the eight wards, and both at-large council seats. The lone Democrat to win, Dr. Bill Park, ran unopposed.
Also, McDaniel was successful in defeating Wilson for re-election. Four years before, Wilson, 7th Ward councilman at the time, narrowly defeated McDaniel, the incumbent city clerk.
Records show Mason Circuit Judge Thomas C. Evans III swore McDaniel and the council into office on June 30. The new council, which was elected to a one-time five-year term, held its first official meeting on July 9.
Because she did not hold “a policy making or confidential position as Executive Secretary,” Auvil alleges Nibert’s termination “violates the employee’s rights to freedom of association.”
“Defendants’ termination of the Plaintiff was based solely upon political reasons in violation of Article III, Section 7, of the West Virginia Constitution,” Auvil says in the suit.
As compensation, Nibert is asking for “lost wages, mental and emotional distress, punitive damages, reinstatement, and such other and further relief as may upon the premises be appropriate.”
Since the suit was filed, both Evans, and Mason Circuit Judge David W. Nibert have recused themselves from hearing the case. Though records are unclear as to why Evans recused himself, Nibert did so because he is Harriett’s husband.
On April 8, Maynard appointed Wood Circuit Judge Jeffrey B. Reed to hear the case.
Mason Circuit Court Case No. 08-C-489