More employees and former employees of the Virginia State Board of Elections have provided information and documents to ElectionLawCenter.com about the management of the SBE.  They corroborate the account we recently published about the misfeasance, rock-bottom morale and potential thuggery taking place at the SBE.   

ElectionLawCenter.com has communicated with multiple employees and former employees who have come forward to describe the conduct of Secretary Nancy Rodrigues.  They have supported the allegations with documents.  We will stay on the story and continue to invite more SBE employees and former employees to come forward so that the citizens of the Commonwealth may fully understand the management of the state agency that is designated with preserving the integrity of elections.  As one great Virginian said, “the agitation it produces must be submitted to.  It is necessary, to keep the waters pure.”

As we noted, Secretary Rodrigues runs the day to day operations at the Virginia State Board of Elections.  Employees report to ElectionLawCenter.com a terrible state of morale at the SBE from mismanagement.  Given that there are only about 30 employees at the SBE, we have heard this account from a sizeable percentage of the total employees at the SBE.  This is not just one or two malcontents.

Among the new complaints are ruthless policies toward employee illness, with an aim toward terminating employees with a medical illness, and contract procurement corruption. 

The Secretary has rejected the medical certification of a doctor for an ill employee and has required the employee to submit to a medical examination from doctors chosen by Secretary Rodrigues’ designee.  While this may technically be within the legal powers of the Secretary, SBE employees report it is part of a cruel culture at the board where even employee illnesses are used against certain employees who cross Rodrigues.  The affected employee testified against Rodrigues at a hearing accusing Rodrigues of racial discrimination.

If the employee does not submit to a medical examination by doctors chosen by Secretary Rodrigues, termination proceedings are set to commence later this month.  A doctor has already certified the employee’s ill condition. 

In another strange incident, Secretary Rodrigues conducted an investigation into who brought free lunch items for administrative staff during the holiday season.   Apparently Secretary Rodrigues only wanted a gift of breakfast items to be provided to administrative staff.  When both lunch and breakfast were provided as part of a holiday treat, Secretary Rodrigues conducted an office-wide investigation into who organized the additional lunch gift for administrative staff.

Finally, this week Rodrigues is commencing an action against a multi-decade, and minority, employee of the SBE.  She is claiming, we are told, that he doesn’t have the necessary skills or experience to do the job.  We will closely monitor this discipline action and report the results here.

ElectionLawCenter.com recognizes that there could be differing interpretations of the facts above.  Sure, they might be the result of a manager with authority running a tight ship, despite the ill effects on office morale.  Bad managers of people are everywhere.  But letting out government contracts outside of normal contract procedures is not.

Virginia’s state Waste, Fraud and Abuse hotline conducted an investigation of Secretary Rodrigues concerning an allegation that she did not solicit the services of Election Information Services (EIS) according to State contract procurement policy.  

The findings of fact from the investigation stated:

“The contract between the SBE and EIS was not solicited to other vendors and was not approved as a sole source purchase by the Virginia Information Technologies Agencies (VITA).  When we asked Ms. Rodrigues about this issue, she stated that EIS was an eVA vendor and was on the VITA-approved vendor list.”

A report obtained by ElectionLawCenter.com from the state internal auditor concludes: “The SBE did not involve VITA and obtain its agreement and approval of the procurement contract that Rodrigues signed with Paul Stenbjorn. . .  . although required to do so.  She likely violated the VPPA  [procurement laws] when she entered into this contract in this manner. . . . it is unlikely this contract would have qualified as a sole source procurement.  In addition the SBE and EIS may be violating the VITA security standards if EIS [Stenbjorn]  is accessing agency applications and databases without VITA authorization.”

The contract provided that a former employee of SBE and close personal friend of Nancy Rodrigues would be paid $85 per hour for $176,800 per year.  The contract went to one Paul Stenbjorn.  A source within the SBE tells ElectionLawCenter.com that Stenbjorn and Rodrigues held private discussions about how to ensure that this single source no-bid contract would be let to Stenbjorn.  Employees who questioned this arrangement were terminated from their employment by Rodrigues.

ElectionLawCenter.com has obtained a series of emails from Rodrigues defending the no-bid single source contract to her friend, who had even moved out of state.  Rodrigues states in one email: the existing for-bid contract “does not have the knowledge basis that EIS [the friend] has about Virginia specific information and laws.. . . Not being  totally familiar with procurement regulations it appears to me (a novice) that this would qualify as a Sole Source.  However, I bow to the Queen of Procurement.”

The derisive term “Queen of Procurement” refers to an employee that was questioning Rodrigues’ grant of a contract to a personal friend and ex-employee.  “Not being totally familiar with procurement regulations”?  No disagreement there.

An audit manger investigating the procurement noted in a document that the sole source exemption “was not available to this procurement.  VITA has indicated that the procurement likely violated procurement policy.”  Sources also tell ElectionLawCenter.com that Rodrigues is knowingly providing Governor McDonnell’s office inaccurate, and potentially false, information regarding this procurement controversy. 

Worse, documents obtained by ElectionLawCenter.com show that the single source contract was abused.  A March 8, 2010 memo from the State Internal Auditor make a number of factual conclusions.  Some findings exonerate Stenbjorns actions, while others do not.  Stenbjorn sought government money under the contract for work performed while he was at a conference from October 28, 2009 to October 31, 2009.  “It is highly unlikely that he performed any work for SBE on October 29, very little work on October 30.  . . . The SBE should seek restitution from Mr. Stenbjorn.”

ElectionLawCenter.com has obtained many more documents regarding this and other issues regarding the management at the SBE.   We will stay on this story and report developments, including whether or not these events constitute sufficient “cause” to conduct a housecleaning of the SBE management as soon as possible so these circumstances cannot affect the 2010 elections.  Virginians cannot have such an important state agency infested with low morale, allegations of discrimination, and serious questions about the legality of contract procurement.  Something can and should be done about it.

We will also monitor whether or not any Virginia newspaper covers this story for their readers.  In the meantime, here is the amount of coverage the legacy media in Virginia has given the events described at ElectionLawCenter.com.

UPDATE:  A knowledgeable souce tells ElectionLawCenter.com that in response to the reports made here that Nancy Rodrigues is telling close friends she doesn’t think she “has done anything wrong.”    We welcome an official response and will publish it if we get one.