STATE OF WEST VIRGINIA HUMAN RIGHTS COMMISSION
215 PROFESSIONAL BUILDING
1036 QUARRIER STREET
CHARLESTON. WEST VIRGINIA 25301
J.
Franklin Long
727~ Bland Street
Bluefield, WV 24701
Harry Camper
P.O.
Drawer AE
McDowell County Courthouse Annex
Welch, WV 24801
Herewith please find the Order of the
WV
Human Rights Commission in
the above-styled and numbered case of Barbara L. Cochran
v
McDowell
County Sheriff's Department, ER-354-85.
Pursuant to Article
5,
Section 4 of the
WV
Administrative Procedures
Act [WV Code, Chapter 29A, Article 5, Section 4] any party adversely
affected by this final Order may file a petition for judicial review in either
the Circuit Court of Kanawha County,
WV,
or the Circuit Court of the
County wherein the petitioner resides or does business, or with the judge
of either in vacation, within thirty (30) days of receipt of this Order. If
no appeal is filed by any party within (30) days, the Order is deemed
final.
Sincerely yours,
~~cR-~h
Howard D. Kenney
Executive Director
HDK/kpv
Enclosure
CERTIFIED MAil/REGISTERED RECEIPT REQUESTED.
By this Order, a copy of which shall be sent by certified
mail to the parties, the parties are hereby notified that THEY
THEY HAVE THE RIGHT TO JUDICIAL REVIEW.
Entered this \
c\,
day of ~ ~ ~
~~~~ ~ CL. \
-~::J
CHAIR/V\!CE-CHAIR
.~
....
West Vlrginia Human
Rights Commission
STATE OF WEST VIRGINIA
HUMAN RIGHTS COMMISSION
MaDOWBLL cotJN'l'Y SHBRIPF' S
DEPAlft'MB'NT,
OCT 24 1985
uUMAN
~oM~\.
VI
v.
n
"'f'T'
PIlOI'OSBD 0RDBIl AIID DIleISIOIl a . - r
'=
._r.
COlft1D'1'I01f8 OF TD PARTIBS
Complainant contends that re~dent discriminated aqainst
her on the basis of ber race
by
discharqinq her. Respondent maintains
that complainant was discharqed for insubordination.
FIIIDINGS OF FACT
Based upon the parties stipulations of unoontested fact as
set forth on the record at the outset of the hearing', herein, the
Bearing' Examiner has made the following' findinqs of fact
I
1.
complainant is black.
2.
Complainant was discharqed
by
respondent on November
20,
aased upon a preponderance of the evidence, the Hearinq
Bxandner has made the followinq finding's of fact
I
3. Complainant was oriqinally employed
by
the McDowell
County Sheriff's Department about January
10, 1977, by
then Sheriff
Clark Belcher to collect taxes, keep jail records, is••• license
decals and perform such duties as were required of her.
4.
In November,
1981,
C018Plainant became a records clerk
at the McDowell County Jail and was reappointed or reemployed and
retained as such employee of the McDowell county Sheriff's Department
by
current Sheriff Karl Yeaqer when he asstUDed the office on February
10, 1984,
as her term of employment was continuous until her
-2-
t.erminat.ion complained of on November20, 1984.
50
A. a records clerk, Mrs. Cochran was required to maintain
jail records pertaininq t.o inmates, tabulate sentences and release
dat.es, maint.ain a current calendar of all appointments for inmates,
maintain mont.hlyreports, such as crime report.s, feed bills, etc.,
type daily
109
sheet.s, maint.ain teletype records, operat.e teletype
and assist wit.h dispat.chinq Whenneeded.
6. Complainant.performed her dut.ies as records clerk
coq;>et.ently.
7. OnNovember20, 1984, about. noon, Sheriff Yeaqer left
his office at the Courthouse, went to his car on the parkinq lot
which i. adjacent. to the Courthouse buildinq and the jail, and
st.arted t.o drive off the lot.. ae had t.o pull aside to let a car
Whichwas ent.erinq the parkinq
101:
noticeably fast pass by. This
car pulled into 'the Sheriff' s parkinq place and parked. The Sheriff
st.opped his car and parked it in front of the qas pumpsat. the
entrance to the parkinq lot. opposite the end Wherethe jail is, and
about. 150 feet away from his car. The Sheriff
qat
out. of his car
t.o see Whatwas qoinq on. As the Sheriff walked back toward the
car, t.he driver left his car and walked int.o the qaraqe compartment
of t.he jail where the public ent.rance to the jail is located.
8. As t.he Sheriff approached the jail qaraqe compartment.,
t.he driver, cameout, qot in his car, backed out. and left.. Complainant.
later identified the driver to the Sheriff as beinq her brother.
9. Complainantwas still in the qaraqe area. Sheriff
Yeaqer asked complainant reqardinq the baq or covered plate in her
hand and she said it was her lunch. Sheriff Yeaqer told complainant
that everythinq that comesinto the jail has to be searched.
Complainantbecameupset and disobeyed Sheriff Yeaqer by ref1lsinq
to let him inapect or s.arch the itea. in her hand.
10.
The collver.ation de.cribed in findiNJ~ of fact No.9
took place 3 to 4 feet awayfrom the Reel jail door leadinq to the
hallway inside the jail. After refusinq the .earch, ca.plainant
,.e.:t
in.ide and sl.-ned the steel jail door.
11.
Sheriff Yeaqer, standinCJnext. to the dOCk',had to siqnal
to the jailer to be admitted to the jail. Shortly thereafter Sheriff
YeaCJerfired ComplaiAantfor innbordination. Complainant refused
to clock O1lt'W\til Sheriff Yeaqer qave her a letter of discharqe.
12.
After both COmplainantand the Sheriff were in the control
roomcomplainant reque.ted a writinq from the Sheriff indicatinq that
she had been fired, and refused to leave the jail premises Ultil she
received s.... The Sheriff went to hi. office and prepared nch a
letter. Hethen returned to the jail and qave the letter to complainpt,
and she left.
13.
Althouqh white employee. of reapo.dent so•• times brouqht
food into the jail that was not searched, Sheriff Yeaqer either had
-4-
no knewl"qe of these _currence. or else he had rea_n to belie"e
that sueh items had been .earched
Dy
the jailer.
14. Por •••• time, there had been a serious security preble.
at MaDewellcounty Jail because danqerOllsit_ and other contraband
were beinq 8DlUqqle.into the jail.
15. Sheriff Y.a.,er never referred to an inclivi.lIal as a
Mniqqer".
16. While h. ha. been Sheriff of McDowellC4lUnty,Sheriff
Yeaqer has empl07" at least ten blaek empl07ees, inel.dinq
cemplainant, in the Sheriff's Department, as correctional officers,
eoeks, records clerk, secretary, and deputies. one of hi. two
Chief Deputies, Prederick, is the first black Chief Deputy in the
history of WestVirqinia, Martin, a black, is ahief of one of the
jail shifts, and, Sheriff Yeaqer's per.onal secretary, Wooley,
is black.
17.
At the time of coaplainant's diseharqe by respondent,
her IDOnthlysalary was
$803.00
and the cost of her monthly frinqe
benefits were
$332.90.
CONCLUSIONS OP LAW
1. Barbara L. Cochran ie an in4ividual claiminq t8 be
aqqrieved
by
an alleqed unlawful .iecriainatery praatiee ami is a
proper OGI9lainant for purposes of the
Hwnan
Iliqhts Act. West
1'83),
MaDonnell-De.gla. corporation v. Green
411 U.S. 792 (1973).
If ~e cemplainant make. out a prima facie ca.e, re..,.ndent i.
required to offer or articulate a le.itimate nondi.criminatory
r_.on fer the action which it has tak.n with respeet te conaplainant.
Shghercl.town Voluateer Pire Dept" '!pra, MeIDonnell De!qla., '!pra.
If reapen4ent articu.late•• 1Ich a re••em, •••• l.inpt _.t .h...,
th.t neh. rea.en i. pretext"al. Sh••her••tewn Vebmteer Pire Dnt.,
.\lpra, MaDtJmell De1I,la., npra.
In ~e in.tant ca.e, complainant has e.tabli.hed a pri••
facie ea.e of cli.criain.t.ien. The p.rtie. ha.. .tipulat" that
•••• lain_t i. hlaek aft. that c.-plainant waf tenainat..
by
reapendent on .ev.-ber 20,
1984.
Dep\tty Hiek. teatified on
ee.plainant
t
•
hehalf that he heard Sheriff Y.a.er refer to a
black •••••• t a. a IIna.ty ni••er". hch faat •• re nffieient te
e.tabli.h • prima f.eie ea.e b••••• e, if otherwi.e unexpl.ined,
they rai.e an inference of c1i.eriain.ticm. Pumae C.n.tnetion
C!W!py .•.•
wat.er.
438 U.S. 567, 577 (1978),
Tep. Deparbaent ef
C•••••
ity Affairs .•.•B~ine
450 U.S. 248 (1981)•
•eapendent has articul.ted • le.iti ••t.enoncli.ari.in.tery
r•••• n for it. eli.Ch.rge of aemplainant. cempl.inant
t
•
foea. in
her pe.t hearin9 brief en whet.her er net CJeed ea".e exi.t.ed fer
h.er eli.ehar.e i. lliaplae". '!'hei.sue is whether reapenclent had
a l8CJitblat:e,nondi.erimiJUltery rea.on for it. termination of
-7-
eeJlPlainant.. In th. in.t.ant. ca•• , respond.nt.had neh a rea_n.
All of t.he wit.ne••••• t. 'the hearin•. a4mit.t.•• t.hat.t.here was •
•erieu•• ecurit.y pre13l•• at. t.he jail and ~at. •• ri ••• it.em. of
cent.rabandhave been
"991••
int.o t.he jail. Sheriff Y•••.•r
net.ic" a fast. _vinq au:t••• 13il. aeae int.e t.he parkiD4Jlet. on
Ne.ember20,
1'84,
and he ob••rved 'the yeWlqdriver •.et.t.in. cnat.
of~e car wit.ha p.ckaqe .nt ltrillvift4Jit. int.e the j.il. !'he
.heriff t.hen ••" complainant.holdi1\9t.h. packa•.e aNI req1le.t.••
t.. bapecrt or .earch 'th. pack.ve. C-..lainant. re:tu... .nt
.1_41 'th•• oer. CCDDIpl.inaat.,in her t.••t.t.8ny •• nied t.h.t.
she .1••••• t.he ••• r t.o t.he jail. C•• lainant.'. t.e.t.iaeny,
however,was le.. credible t.han the t..a'tirn.enyof Sheriff Yea•.•r
with r8CJard
1:0
t.hi. point. bee••• e of eempl.inant.·. e.a.ive
d_aner durinq h.r t ••t.iIDony. cemplainant.'. condwct.on •.••••• r
20,
1984,
clearly amount."to in.ubordin.t.ion.
Compl.inanthas fail_ t.o .emon.t.rat.ethat. ~. r•••• n
art.iC1l1at.ecI
by
r•••• nc1ent.for complainant.'. di.chuq. i. pret.extual.
C-.lainant. did pro•• that. whit.eemploy••• of respondent.elid
ecca.ienally ltrinq feed illt.. t.he jail t.h.t. wasROt.inapect.edor
.earched. CGJDPlainant.elid not. elemon.t.rat.e,h•.•••••r, 'th.t. Sheriff
Yea.er had ]mowledqe.of sueh feed c..u.nq int.e t.he jail and not.
beinq inspeeted. Mereover,Sh.riff Yeagermayh.ve a.1IWIIedt.hat.
t.he jailer
hact
alreacly inspect.ed any foM it.-. in t.h. jail befer.
-8-
'the sheriff observ" any such f••• items beinCJpresent in 'the
jail. Mereever, such white -.ployees whO/:mayhave ha. feed
present in 'the jail 'that was not inspect" are not s1milarly-
situated to COIIIplainanton •••••• r 20, 1984, because en that
date Sheriff YeaCJerobserved the fast mo.inCJvehicle
COJRe
into
the parkinCJlet and sawthe paakaCJeenterinCJthe jail while 'the
aheriff was in the parkillCJlot. Theref.re, 'the sheriff knew
in this one instance that the packaqe enteriDCJthe jail had
.efini tely net been inspected. Furthermere, part ef the reason
for cemplainant's elisaharCJein.olved her slamm!nCJthe steel door
to 'the jail in Sheriff Yeaqer's face. TheaeJI1!ainationof the
refu.al to insPect pl.s the sl_inCJ of the door on the sheriff
makecomplainant's insubordination all the moresevere.
It is concludedthat Sheriff Yeaqerdid not refer to
an individual as a "nasty niqCJer". DeputyHicks testified that
he heard the sheriff makethis comment. Sheriff Yeag'erdenied
makinCJsuch COJaleDtdurinq his testimony at the hearillCJ. Thus,
complainantproducedone witness whotestified that the statement
wasmadeand respoMent producedone witness whotestified that
the statement was not made. Complainanthas not pro.en this
fact
by
a preponderanceof evidence. MDreover,the possibility
that Sheriff Yeapr woulduse this type of lanCJUa.eis ne.ated
by
-9-
l,./'
J.
Pranklin Lonq
727~ Bland street
Bluefield, West Virqinia 24701
Harry Camper
P.O.
Drawer AB
McDowell County Courthouse Annex
WeIGh, we.t Virqinia 24801
