Graves appointee settles lawsuit regarding state job

? The state has agreed to pay $50,000 in a settlement with the former director of the Kansas workers’ compensation system, who said that after he was laid off state officials prevented him from getting another position with state government.

The settlement with Phil Harness, of Olathe, ends a peculiar chapter in the annals of state employment.

As a political appointee, Harness had been director of the workers’ compensation division starting in 1995 under former Gov. Bill Graves and served at the pleasure of Graves.

In 2002, toward the end of Graves’ administration, Harness sought and took a demotion from his $74,099-a-year-job to become assistant director of the state workers’ comp division, at $67,683 a year. But unlike the director’s job, the assistant position was a civil service job that was covered by regulations meant to protect against the hiring whims of governors.

At the time, Harness conceded he took the demotion to ensure he would have a job under the coming administration. His move was criticized by several labor officials who said Harness was abusing the civil service system for his own gain.

After the election, Gov. Kathleen Sebelius’ administration reorganized the Kansas Department of Human Resources, the home agency of the workers’ comp division, and Harness’ assistant director position was eliminated. He was laid off in June 2003.

As he was laid off, Harness was told that he was to be given preference for any classified vacant position that was at the same or lower pay grade as his former position, according to a letter from KDHR.

Under the preference program, laid-off employees covered by civil service regulations are to be given first shot at job openings. If they are not rehired, then written documentation is needed to explain why it was thought they couldn’t fill the position.

In a complaint filed with the state Civil Service Board, Harness said he applied for four positions at four different state departments. At three of the agencies — Commerce, Administration and KDHR — he wasn’t contacted for a job interview, according to the complaint. At the Department of Transportation, he was interviewed but not given a reason as to why he wasn’t hired, the complaint said.

He told the Civil Service Board there was a systematic pattern by state officials of not adhering to procedural requirements in order to prevent him from being employed with the state.

Neither Harness nor his attorney, Britt Nichols, of Wamego, returned phone calls seeking comment.

Caleb Asher, a spokesman for the Department of Administration, said the state denied wrongdoing but thought it best to settle because “prolonged litigation would be costly.”