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MDOT still fighting rehire

Courts found political reasons for firing

By GEOFF PENDER
SUN HERALD

JACKSON --

Despite three rulings that she was unjustly fired for political reasons and $114,000 in legal costs to taxpayers, the Mississippi Department of Transportation is continuing to fight rehiring former employee Shirley Rutland.

"This was absolutely atrocious — the worst personnel decision I've ever seen," said Central District Transportation Commissioner Dick Hall, one of three elected MDOT policymakers. "She's won at every level, and we'll have to pay all her back pay with interest, but still they're fighting it. These other two yahoos (elected Northern and Southern transportation commissioners) just sit there and do nothing."

Rutland, Hall's assistant, was fired by MDOT Director Butch Brown, Hall's political archenemy, whom Hall once had fired. Hall and Rutland allege, and so far an employee board and two courts have agreed, Brown fired Rutland as payback to Hall and because she was writing news releases that listed Hall as chairman of the commission, which he was at the time. Hall says Brown created an "External Affairs" division to handle news releases so he could thwart Hall getting good publicity about MDOT projects.

But Brown denies this. He says Rutland, whose husband is his cousin, was fired for being "disruptive," circumventing MDOT procedure and "spending time doing (Hall's) campaign work" instead of her MDOT duties. Brown said External Affairs, which has recently been changed to the "Outreach Division," was created to better manage MDOT communications.

Rutland declined to comment for this story on advice of her lawyer. Hall and Brown have for years made it no secret they despise each other.

In 2003, Hall had Brown fired, in a 2-1 vote of the commission. But after an election changed the commission’s makeup, Brown was rehired in a 2-1 vote. Since then Hall has said he is odd man out — with Brown and the other two commissioners ostracizing him. He claimed Brown had him banished, literally, from MDOT headquarters, moving him to a trailer far away from the downtown office because of "renovations."

Court records show Brown was in the process of having Rutland fired in 2003 when Hall instead had him fired. When Brown returned, he fired Rutland in early 2004.

Rutland appealed to the Mississippi Employee Appeals Board, which ordered her reinstated with back pay. MDOT appealed this decision to Hinds County Circuit Court, which also ruled in Rutland's favor. MDOT appealed that decision to the state Court of Appeals, which recently also ruled in Rutland's favor.