Attorneys for House Speaker Dean Plocher argued Monday that a whistleblower lawsuit filed against him by the chamber’s chief clerk should be dismissed because he had no power to retaliate against her.
In a hearing before Cole County Associate Circuit Judge Brian Stumpe, attorneys for the House and Plocher said because Chief Clerk Dana Miller is elected by a majority vote of the 163-member House she is out of reach for Plocher — even if he wanted her fired.
The only way she could have been fired or demoted, they said, is by a majority vote of the 163-member House.
“This involves a power struggle between two co-equal elected officers of the House,” said Chuck Adamson, an assistant attorney general representing the House.
In response, Miller’s attorney argued that it was the threats of retaliation included in a letter circulated in the House that triggered the state whistleblower statute.
“They tried to get her removed,” said Kevin Baldwin, Miller’s attorney. “They tried to change and alter the conditions of her employment.”
At the end of the hearing, Stumpe gave both sides two weeks to file final pleadings before he decides whether to dismiss Plocher, end the case by dismissing the lawsuit outright or to let the case continue.
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