Hogue v. Clinton, Civ. No. 83-2257.

• Decision Date: 05 April 1985
• Docket Number: Civ. No. 83-2257.
• Parties: William HOGUE, Plaintiff, v. Bill CLINTON, Governor of the State of Arkansas; Kenneth Whitlock; W.A. Tudor; Barrett Toan; Gail Huecker; Ray Scott and Curtis Ivery, in their capacity as employees of the Department of Human Services of the State of Arkansas; and Bud Rice and Gene Rainwater, individually, Defendants.
• Court: U.S. District Court — Western District of Arkansas

605 F. Supp. 1288

William HOGUE, Plaintiff, v. Bill CLINTON, Governor of the State of Arkansas; Kenneth Whitlock; W.A. Tudor; Barrett Toan; Gail Huecker; Ray Scott and Curtis Ivery, in their capacity as employees of the Department of Human Services of the State of Arkansas; and Bud Rice and Gene Rainwater, individually, Defendants.

Civ. No. 83-2257.

United States District Court, W.D. Arkansas, Fort Smith Division.

April 5, 1985.

Bob Scott and Tom Hinds, North Little Rock, Ark., for plaintiff.

E. Jeffery Story, Asst. Atty. Gen., Little Rock, Ark., for defendants.

MEMORANDUM OPINION

H. FRANKLIN WATERS, District Judge.

Plaintiff, William Hogue, from September 1, 1962, until his termination on October 10, 1980, was employed by an agency of the State of Arkansas now known as the State Department of Human Services. For a number of years prior to his termination, Hogue was the director of the Scott County Office of Social Services located in Waldron, Arkansas. His office was responsible for administering a number of the social services provided by the agency, commonly known as "welfare."

During the summer of 1980, before the Democrat preferential primary had been held, Senator W.E. (Gene) Rainwater received from Bud Rice, a state representative from the Waldron area, a letter that he had received from Jackie and Edith Wright, grandparents of a minor child. The letter was introduced as Defendants' Exhibit 7 and will be referred to as the "Wright" letter. The letter alleges certain wrongdoing in relation to the providing of certain welfare services to the mother of the minor child.

For some reason which is still unexplained, even though Senator Rainwater and Representative Rice testified, upon receipt of the letter by Rice from the Wrights, rather than handling the matter himself, he forwarded it to Senator Rainwater who, the evidence reflects, was locked in a political race which he later lost. Upon receipt of the Wright letter, Rainwater forwarded it to W.A. Tudor, a retired major with the Arkansas State Police who was then Director of Investigations-Medicaid Fraud.

After the letter was received by Tudor, he assigned Investigator Charles Milburn to investigate the allegations.

Since the letter had come from Senator Rainwater, Milburn, after first journeying to Waldron in a futile attempt to locate the Wrights, proceeded to Greenwood to discuss the matter with Senator Rainwater. Strangely, he was advised by Senator Rainwater that he knew nothing about the case and that he had simply received the letter from Representative Rice. Senator Rainwater apparently did not tell Milburn at the time that Rice was also a state legislator, but merely referred to him as the owner of a furniture store in Waldron.

Upon returning to Waldron, Milburn attempted to discuss the matter with Rice, but was advised by Rice that he knew nothing about the matter, and he referred him to Glenda Owens, an employee of the Waldron Social Services Office. During his testimony, Rice, when asked why he sent the letter to Rainwater, stated that he merely wanted to keep him advised. The court concludes that the circumstances in relation to the letter, and the "run-around" that Milburn received, lends credence to Hogue's contention that this matter was instituted by Rainwater because Rainwater believed that Hogue was supporting his opponent. That aspect of the case will be discussed in more detail below.

Still not knowing of Mr. Rice's position as a state legislator, Milburn used, for a brief period of time, Rice's business establishment as a headquarters out of which he conducted his investigation. He interviewed Glenda Owens, who claimed that Hogue was aware of the Wright situation and that numerous other instances of improper handling of claims had occurred in the Waldron office.

Milburn then interviewed Clyde Hawkins, one of the witnesses listed in the Wright letter. Hawkins was a former County Judge and Sheriff of Scott County, and he claimed that he was aware of irregularities in the running of the office in Waldron by Hogue.

At this point, Milburn reported to Tudor by telephone, and Milburn then learned for the first time that Rice was a state legislator. Tudor recognized the possible political implications of the investigation and directed that Milburn cease using the Rice business establishment as the base of his operations. He directed Milburn to return to Little Rock and the alleged irregularities were reported to Barrett Toan, Commissioner of the Division of Social Services of the Department of Human Services. The report to Toan was in writing, dated August 11, 1980, and was introduced as Defendants' Exhibit 8. In the report to Toan, allegations of numerous irregularities in the running of the Waldron office were reported. Among these were:

a. That Hogue certified clients for assistance that were not entitled to it, and directed other employees to do so;

b. That he allowed Peggy Keener, active in the campaign to elect Governor Bill Clinton, access to the confidential food stamp files, and provided her blank application forms for assistance and encouraged her to submit applications in behalf of persons in the county;

c. That Hogue instructed employees to certify, without question, all applications submitted by Ms. Keener, advising them that Ms. Keener had verified the information and that it was unnecessary for them to do so;

d. That he instructed AFDC clients not to turn in child support money until told to by him;

e. That he instructed employees to leave out of the applications certain information that would make the particular person applying ineligible for assistance, and modified and caused caseworkers to modify information submitted by clients so that they would be eligible for benefits;

f. He instructed caseworkers to certify every client that they see because he did not want any pending cases;

g. That he does not require verification to certify clients, and that, in some instances, the information was verified after the case had been certified;

h. That he was involved in politics in violation of the rules of the agency and of state law;

i. That he instructed certain employees to follow and surveil other employees and report to him in relation to their off-duty personal contacts;

j. That, during previous elections, several clients discussed with Clyde Hawkins, former County Judge and County Sheriff, Hogue's threat to them that if they did not vote Hogue's way, he would close their welfare cases;

k. That he instructed employees of the office to give clients more deductions than they were eligible for;

l. That he intimidated employees by telling them that he "had the Commissioner in his pocket."

After receiving the report, Toan directed that Tudor and his employees interview each employee and former employee of the Waldron office. In compliance with this order, Tudor prepared an outline for the investigators to use and each employee and former employee was interviewed. During the interview, investigators often identified themselves to the persons being interviewed as being with the Fraud Division, and it was general knowledge in the community that Hogue was under investigation for "fraud." During the course of the investigation, Hogue asked Tudor about the investigation, but he was not given any specifics in relation to the allegations.

After the interviews were completed, Tudor reported to Toan by a report dated August 25, 1980 (Defendants' Ex. 9). The cover letter to that report lists 19 alleged violations or irregularities in the running of the office, summarized as follows:

1. Instructs employees to violate policy to certify clients for assistance and issue food stamps.

2. Instructed AFDC clients to keep child support monies and utilize for other needs.

3. Interferes with the work of other agencies, causing some alienation.

4. Combining Social Service business with politics.

5. Demoralizing employees.

6. Utilizing office employees, state equipment and state materials in a political campaign.

7. Instructing the food stamp issuance officer to violate policy.

8. Instructing employee to utilize State time, equipment, and materials to prepare letters for private individuals.

9. Harassing an employee in front of the entire County Staff and visiting employees.

10. Instructing an employee to withhold a certain portion of service records requested by the Central Office.

11. Violation of policy during handling of child abuse incidents.

12. Committing conduct alienating other County Directors.

13. Violation of policy relative to foster homes.

14. Interfering with the ongoing investigation of Mr. Hogue's activities in Scott County.

15. Refusing to take action on possible fraudulent overpayments called to his attention.

16. Spends hours each week visiting in the office with Peggy Keener and permitting her free access to the entire building.

17. Permitting Peggy Keener access to the food stamp files.

18. Encouraging or threatening welfare clients to vote for Mr. Hogue's candidate.

19. Violating policy relative to voluntary medical travel.

The report describes the investigation conducted by Tudor's office in relation to each of these charges, and contains voluminous exhibits in relation thereto.

As a result of the investigation, by letter dated September 2, 1980, Commissioner Toan notified Hogue that he was terminated as of September 2, 1980. The letter describes, in general terms only, the allegations set forth in the August 25, 1980, report, and, again, gives Hogue no specific information in relation to the charges made.

By letter dated September 29, 1980 (Plaintiff's Ex. 17), Gail S. Huecker, Executive Director of the Arkansas Department of Human Services, advised Hogue that "I am overturning Commissioner Toan's decision on your termination of employment." The letter goes on to advise him that effective September 30, 1980, he was reinstated with back pay and placed on administrative leave pending further action. She...