By Adam Pagnucco.
Earlier today, the Montgomery County Council announced its pick for executive director: Caven West, a veteran government manager who is currently the chief of staff for the Clerk of the City of Detroit. It’s a critical pick for the council as an institution and for county government more broadly.
I described the nature of this job last summer when the current executive director, Marlene Michaelson, announced her intention to retire. Back then, I wrote:
The council’s executive director (which has changed title a couple times over the years) is the most important position in the council building other than council member. The executive director is hired directly by the council and works for the institution. He or she is the council’s chief adviser as it fulfills its legislative, fiscal, and land use responsibilities under the charter; represents the council on the boards of the county’s retirement funds and other bodies; and oversees the central council staff. The central staff drafts and analyzes legislation, provides policy advice and helps the council oversee the executive branch, work that I described back in February. The role of the central staff is particularly important at budget time, when they review every agency, department and office budget as well as revenues and lay out options for council decision making. The council simply could not do its work without the central staff and the executive director is its leader.
In looking up West, I came across a federal court case in which he sued Wayne County, Michigan over his firing in 2014. Here is the background from West v. Wayne County and Cathy M. Garrett (Case No. 2:14-cv-11559-RHC-MKM):
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The facts are taken from Plaintiff’s complaint and the proffered discovery, and interpreted in the light most favorable to the non-moving party. Plaintiff Caven West was formerly employed as Chief Deputy Wayne County Clerk and Chief of Staff to the County’s elected Clerk, Defendant Cathy Garrett. In September or October of 2013, Garrett wanted to fire another employee, Lynn Wade, who was at the time out of work on FMLA [Family and Medical Leave Act] leave but due to return soon. Garrett directed West to carry out the firing, but West protested based on his belief that such action would be in violation of the FMLA. Around the same time, Garrett was involved in trying to block a settlement between Lynn Wade and the County regarding other employment related claims. According to Plaintiff’s Complaint, Garrett again tried to recruit West, this time to write a letter attempting to foil the settlement, and again West refused based on his belief that the conduct would be retaliatory and in violation of federal law. Despite Garrett’s efforts, in early December, the Wayne County Commission voted to approve the Lynn Wade settlement.
In late December Plaintiff took a previously-approved vacation and returned on January 21, 2014. Upon his return, Defendant Garrett fired Plaintiff.
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West filed a federal suit against both the county and the elected official who fired him. He alleged that “Defendants violated the FMLA by firing him in retaliation for opposing unfair treatment of another employee, such treatment itself being a violation of the FMLA. Under the FMLA, it is ‘unlawful for any employer to discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by [the Act].’ 29 U.S.C. § 2615.” West also claimed a First Amendment violation and a violation of the state’s whistleblower law.
Ultimately, the court granted a motion for summary judgment by the defendants because the nature of West’s position fit an exception to the FMLA, he had no right of action under the FMLA, he did not meet the tests contained in the state’s whistleblower law, the First Amendment did not apply to the conduct in question and he did not prove political retaliation. The firing did not hurt West’s professional career as he moved on to other work in government.
West lost the lawsuit but a close read of it shows what kind of public servant he is. He was asked to do something by an elected official that he felt was illegal. He said no. He got fired. He defended his rights in court. He went on to ten more years of government service.
I find all of this tremendously encouraging.
The county council is a tough place to work. It was that way during my time there (in 2010-2014) and it may be even tougher now. The cross-currents between council members and their personal staff are intense. There are rivalries of both political and personal natures. There is jockeying for higher office. The central staff are subjected to these pressures every day. The executive director is the leader of the central staff. That person must be able to protect them. That means no playing games with council factions. That means playing fair. And sometimes it means saying no.
When I worked at the council, the executive director (then called the council administrator) was Steve Farber. I profiled him in 2017 as MoCo’s Essential Man. Farber was a man of many gifts and formidable abilities, but what I remember most about him was his iron integrity. Everyone in the building knew that Farber was a man of principle who could never be pushed around. He never got involved in politics. He always told the truth. We respected him even when we disagreed with him. And his example set the tone for the rest of the central staff. All of this strengthened the council as an institution and helped us better serve the taxpayers.
If Caven West turns out to be a fraction of what Farber was, the council will have made a good choice.
Welcome to Montgomery County, Mr. West.