FIRST ON 3: State Board of Elections upholds McFadyen’s termination

WILMINGTON, NC (WWAY) — The North Carolina Board of Elections has approved a petition by the New Hanover County Board of Elections to fire its director.

The New Hanover County Board of Elections filed a petition to terminate Marvin McFadyen early last month. The 44-page document laid out several problems the board had with McFadyen, including conduct in the workplace, the management and handling of Election Day and the protection of confidential material like the absentee military ballots that were accessible to a public computer terminal.

McFadyen denied the allegations in a 99-page response, but the entire staff of the county elections office sent a letter to the state board denouncing McFadyen’s claims.

In her decision on the petition NC Board of Elections Deputy Director Amy Strange wrote that she based her decision solely on the New Hanover County Board’s petition and McFayden’s response.

“It is my decision that the [p]etition contains just cause for termination, and the [p]etition for removal is granted,” Strange wrote.

Specifically Strange pointed to the board’s lack of confidence that McFadyen to follow statutory duties and avoid unacceptable risks of liability.

“The failure of Mr. McFadyen to protect confidential voter information, including voted ballots, from being displayed for public view constitutes an inexcusable breach of public trust and leads to a lack of confidence in the elections process,” Strange

Strange also referenced the board’s lack of confidence that McFadyen can or will be truthful by again referencing the issue protecting voted ballots sent via e-mail and statements from top county staff that disputed what McFadyen had to say about the county’s policy for confidential e-mails.

“I am impressed with the urgency and professionalism with which the State Board of Elections acted,” New Hanover County Board of Elections Chair John Ferrante told WWAY in a statement. “I agree with the state board’s decision, it is the right decision, and I look forward to moving forward to conduct the business of the county.”

Ferrante says the Board of Elections will meet next week to discuss finding a new director.