NEW DETAILS: 44-page petition to terminate Marvin McFadyen released
WILMINGTON, NC (WWAY) — Members of the New Hanover County Board of Elections met in closed session today to discuss personnel matters. At the end of the session, Board Chair John Ferrante announced they will file a petition with the State Board of Elections to remove Elections Director Marvin McFadyen.
The closed session lasted for a little more than an hour, with Ferrante saying the board will work to refill the position if needed. The petition, which was 44 pages long, wasn't approved unanimously by the board. Board Member Tannis Nelson was one member who objected to the petition.
"I think I've done a fair job for New Hanover County and I plan to continue to do so," McFadyen said.
"I disagreed with the petition, because I felt it was very important for the board to present an annual evaluation of the director," Nelson said.
According to the petition, the Board said that McFadyen had many problems 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.
In regards to workplace conduct, the petition cites examples of hostility among McFadyen and other employees and evaluations of McFadyen's performance by employees, many saying he was an "intimidating manager." The petition stated McFadyen put the board at risk for liability when it comes to issues of harassment and other workplace incidents that caused employees to feel uneasy.
The petition also said McFadyen understaffed the precincts on Election Day. The board said 400 election staffers were needed for the day, but McFadyen had only staffed 278 people. The petition says that this lack of planning and staffing caused issues like the one at the Williston precinct that became the subject of an election protest that was appealed and dismissed at the State Board of Elections.
Finally, the petition says McFadyen's handling of absentee military ballots not only violated protocol and law but also embarrassed not only the board, its employees and the State Board of Elections but also the county which was forced to defend its long-standing policy of transparency. The petition says, "Mr. McFadyen knew or should have known it was his responsibility as Elections Director to safeguard the Confidential Voter Information."
At the end of the day, Chair John Ferrante says this petition is the beginning of a new chapter for the New Hanover County Board of Elections.
"This is a very important function and I know that all three board members take it very seriously," Ferrante said. For now, McFadyen will work from home and Derek Bowens will be in charge.
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