Here’s Alabama state government for you, the head of Alabama’s Department of Environmental Management was removed from his post this week by the board which oversees the department’s operations. Evidently, no one explained to the board what could happen next. Jim Warr, the man who was terminated, sent a letter yesterday which identified him as the “acting director”. This makes sense to Mr. Warr and head of State Personnel Tommy Flowers, as Warr, upon his removal as director, reverted to his merit position of Deputy Director which then put him in line to become the acting director. However, there seems to be some dispute about whether Warr and Flowers are correct here.

In supporting Warr’s interpretation of succession at the agency, Flowers, the state personnel director, referenced state law on merit employees who accept appointed positions.

A law pertaining solely to ADEM states that when the director’s job is vacant, the deputy director assumes the role of acting director until a permanent replacement is hired by the Environmental Management Commission.

Taken together, those laws mean that Warr is now acting director, Flowers said.

Elliott, who was deputy director until Tuesday afternoon, moves into a new, short-term position that is parallel to her previous job, Flowers said. She will not lose salary, seniority or any other status as a merit employee, according to state law. The new position will disappear when she leaves it, Flowers said.

Two lawyers offered arguments Wednesday that would support Elliott’s claim on the top job.

“I certainly would think it’s possible” that Elliott, and not Warr, would have become the acting director, said Mac McArthur, executive director of the Alabama State Employees Association. “I also think it may be a prevailing interpretation.”

McArthur, who heads the union representing state employees working in most non-education agencies, said Elliott has at least two options to challenge Warr’s hold on the title. She could file a complaint with the State Personnel Board or take the matter to Montgomery County Circuit Court.

Who would have thought environmental management could provide such drama?