Court Finds in Favor of Former Planning Director

A Superior Court judge has reversed the decision of the Forsyth County Civil Service Board to uphold the termination of Planning Director Jeff Chance.

Chance, was fired last August after sexually charged e-mails were found on his office computer and a subsequent county investigation determined he had violated other county policies.

Chance and his attorney Eric Chofnas claimed he was a victim of politics because he refused to go along with a decision of Planning Commissioner Brant Meadows, who discovered the e-mails through an open meetings request.

In December, the Civil Service Board agreed that politics did play a role in the Chance's termination, but that he had also violated numerous county policies and, therefore, denied his appeal to be reinstated.

In a written statement, Civil Service Board Hearing Officer Dana Miles said the board determined "the investigation and eventual discipline against [Chance] was motivated in large part by improper political motives and accompanied by a poor quality investigation. Nevertheless, two wrongs do not make a right. While others may have acted improperly and unethically, you repeatedly violated numerous County policies and ... the Board finds that discipline in some form is both appropriate and required."

But Chief Superior Court Judge Jeffrey S. Bagley reversed the decision and remanded the matter back to the board for consideration of Chance's claim that his termination was pretextual.

Bagley wrote, "In so remanding, the Court requires, at a minimum, for the Civil Service Board to consider the body of evidence before it and make an express determination on the issue of whether Chance's termination was pretextual."

To establish pretext, Chance and his attorney must either prove the proffered reason was not the true reason for the employment decision or that a discriminatory reason more likely motivated the employer.