The West Virginia Intermediate Court of Appeals ruled this week that a termination letter involving former Department of Health and Human Resources Deputy Secretary Jeremiah Samples is public information. Samples, the second highest-ranking official in the state’s largest agency, was fired by former Secretary Bill Crouch in April 2022. The court stated that the public interest in the firing outweighs concerns about privacy violations, prompting the lower court to direct the department to release the letter to Huntington-based television station WSAZ.
After his termination, Samples released a statement claiming the agency had struggled in various critical areas and alluded to differences with Secretary Crouch regarding these issues. WSAZ submitted a public records request seeking information regarding Samples’ resignation or termination, which was initially denied by the state. The station took the matter to court, leading to a ruling that the termination letter should be released. An unredacted draft of the termination letter criticized Samples’ performance and accused him of misconduct and insubordination.
The agency attempted to prevent WSAZ from publishing the draft letter, but a court ruled in August 2023 that it was the station’s First Amendment right to publish it once received. Samples stated that the draft letter contained falsehoods about him and his work. This week’s opinion by the appeals court judges emphasized the significance of releasing the draft letter in supporting the argument for the final letter’s disclosure. The judges highlighted that information related to a public official’s job function should not be protected by privacy exemptions in the Freedom of Information Act.
The decision by the appeals court comes amidst ongoing concerns about transparency and accountability within the former Department of Health and Human Resources. Lawmakers voted last year to dismantle the agency and split it into three separate entities following repeated controversies regarding abuse and neglect cases. Secretary Crouch retired in December 2022, marking a significant change in leadership within the state’s largest agency. The release of the termination letter sheds light on the internal struggles and disagreements that may have contributed to the agency’s challenges in fulfilling its mission.
The ruling by the appeals court underscores the importance of public access to information about the conduct and performance of high-ranking public officials. The decision sets a precedent for increased transparency and accountability within government agencies, particularly in cases where issues of misconduct and insubordination are raised. As the former Department of Health and Human Resources undergoes restructuring and changes in leadership, the disclosure of the termination letter provides valuable insights into the internal dynamics and challenges faced by the agency. Moving forward, the emphasis on public disclosure and oversight will be crucial in ensuring that government officials are held accountable for their actions and decisions.
