After his co-workers complained, a West Virginia water agency manager was ordered to remove from his office wall a large Gadsden Flag that depicts a coiled rattlesnake and the words "Don't tread on me."
Mike Duminiak, a geographic information system [GIS] manager at the state Water Development Authority, put up the Gadsden Flag - a yellow flag popular with the tea party movement - following a grievance hearing during which he alleged his fellow employees harassed him. Duminiak also has filed an ethics complaint against the agency's executive director, Chris Jarrett, and an executive assistant.
Jarrett ordered Duminiak to take down the flag, calling it a "disruption" that prompted complaints from agency employees.
"It made some people in the office uncomfortable," Jarrett told the Gazette-Mail last week. "It was about 3 feet in length. It said, 'Don't tread on me.'"
Duminiak initially balked at removing the flag, but did so after Jarrett warned that Duminiak was being insubordinate and would face "personnel action."
In an email to the Gazette-Mail last week, Duminiak called the flag dispute a "non-issue" that clouded other alleged problems, such as financial mismanagement and unprofessional behavior, at the water agency.
"It is time for the nonsense to stop and for the problems to be corrected and not just ignored," Duminiak said.
Last month, Jarrett ordered a wiretapping sweep of the agency's office amid allegations over ethics violations and secret recordings. Charleston police conducted the search for hidden listening devices but found none.
Earlier this year, Duminiak filed a formal complaint with the West Virginia Public Employees Grievance Board, alleging that co-workers falsely accused him of calling authorities to remove feral cats from the water agency's property on Bullitt Street in Charleston. A hearing officer rejected Duminiak's complaint, concluding he failed to prove he was harassed and subjected to a "hostile work environment."
After a hearing on the matter, Duminiak brought the Gadsden Flag to his office. Jarrett directed Duminiak to remove the flag from the building. Duminiak put the flag up on his office wall, according to agency emails obtained by the Gazette-Mail last week.
Duminiak told Jarrett that the Gadsden Flag had historical significance. The flag dates back to the Revolutionary War, which Duminiak's ancestors fought in, according to an email Duminiak sent to Jarrett.
Duminiak noted that some state lawmakers display the Gadsden Flag on their desks in the House of Delegates chamber at the state Capitol. Duminiak also raised questions about a "cow patty" - a fake piece of pressed cow dung - that Jarrett displays on his office wall. (Jarrett received the "cow patty" plaque as a joke gift after he retired from his former job as CEO of West Virginia American Water Co.)
In the same email, Duminiak asked Jarrett to show him any agency policy that barred Gadsden Flags.
Jarrett had heard enough.
"As your supervisor, I'm directing you to remove the flag on or before the close of business today," Jarrett responded to Duminiak in an email on Feb. 23. "Your failure to obey my directive will be considered insubordination subject to personnel appropriate action."
Jarrett went on: "There will be no further email correspondence regarding this matter. Although I respect the historical significance of the flag, the workplace environment and message being sent is unacceptable. You've been given a directive."
But Duminiak wasn't finished trading emails with Jarrett.
"I'm happy to obey any legitimate directive related to work product or based on a published policy," he wrote back before removing the flag.
Duminiak, who has worked at the water agency for four years, has since filed a complaint against Jarrett with the state Ethics Commission. The complaint alleges Jarrett stored personal office furniture at the water agency building, while charging another state agency, the West Virginia Infrastructure and Jobs Development Council, to lease the same space. Jarrett had the furniture removed after the Gazette-Mail reported on the ethics complaint last month.
Duminiak filed a second ethics complaint against Jarrett's executive assistant, Carol Cummings. The complaint alleges that the water agency dismissed a janitorial service company and hired Cummings' two daughters to clean the office. Cummings has said she doesn't supervise her daughters or play any role in paying them.
Duminiak also alleges that Cummings secretly records conversations on her smartphone.
The state Water Development Authority issues bonds that fund water and sewer projects across West Virginia. The feud involving Duminiak, Jarrett and Cummings has dogged the agency for more than a year.
"What we need is a thorough legislative audit," Duminiak said. "It will expose the truth and give guidance on how to fix what is broken. There is no reason not to have such an audit unless you have something to hide."
Reach Eric Eyre at ericeyre@wvgazettemail.com, 304-348-4869 or follow @ericeyre on Twitter.