Labor commissioner Jim Craig’s three-year term expired back in August. And the strange, behind-the-scenes battle over his reconfirmation has dragged on since, finally reaching a conclusion this month.
Craig had support from a majority of the five-member Executive Council. But in the body’s final meeting of the session two weeks ago, the council’s three Republicans swiftly tabled Craig’s re-nomination with no public discussion, effectively killing it.
The rejection stems in part from an incident during Craig’s first year leading the department, when the state made a roughly $133,000 payment to settle an age discrimination complaint made against Craig by one of his employees.
Some councilors were unaware of the years-old dispute until June, when at least one received an anonymous letter about it. Democratic Gov. Maggie Hassan nominated Craig for a second term that same month.
The complaint dates back to November 2013, when hearings officer David Rogers alleged that Craig told him he wasn’t picked for a promotion due to his “older” age.
A letter sent to the department by Rogers’ attorney claims that Craig encouraged him to apply for a open attorney position. But Rogers didn’t get an interview or the job. The letter alleges Craig told Rogers the department hired a “young man” and that Rogers, then age 53, was “older – closer to my age – and set in your ways at this point in your life.”
“It’s not discrimination or anything,” Craig said according to the letter.
Rogers’ attorney disagreed, and said it was Rogers’ “intent” to file a formal complaint.
“However, prior to doing so, I am wondering whether you and/or counsel for the Department of Labor and the State of New Hampshire would be interested in meeting to discuss a negotiated resolution whereby all parties could avoid the cost, stress, potential publicity and acrimony of litigation,” said the four-page letter signed by attorney William Pribis with the Concord firm Cleveland, Waters and Bass, Penn.
Four months later – in mid-March – the state signed a settlement agreeing to pay $123,607 to Rogers and $8,893 to Cleveland, Waters and Bass for attorney’s fees and costs. In it, the state denied any wrongdoing or unlawful conduct by the department or Craig, according to the documents provided by the Attorney General’s office.
Rogers didn’t respond to an interview request and Pribis had no comment. Craig, an attorney and former Democratic House Majority Leader who Hassan first nominated to lead the labor department in 2013, declined comment. But he told the Union Leader in July he suspected the settlement contributed to delays in his nomination.
“The incident happened in the first two months of my being here,” Craig said then, adding he had taken steps to ensure all hiring would be done by committee in the future.
“I have maintained that I did not discriminate, but that’s how lawsuits happen. A claim was made,” he told the Union Leader. “I think I’ve done a very good job running the department. There are no major labor issues here.”
Rogers remains employed at the department. Now Craig is headed for the door.
The outcome is puzzling because the commissioner had support from a majority of the council – both Democrats and Republican Joe Kenney.
“I think he has done a good job,” said Kenney, who represents the North Country. “He provided a lot of good constituent service in my area.”
Kenney said he would have confirmed Craig in a straight up or down vote at the Dec. 21 meeting. But he voted to table the appointment after Republican Councilor David Wheeler made the motion, and Councilor Chris Sununu, the incoming Republican governor, seconded it.
“I felt it was going to be a contentious argument,” Kenney said. “I was hoping that the incoming and outgoing governor would be able to come to some understanding.”
It appears they won’t. Sununu, who will be sworn in as governor Thursday, will now be able to pick the next labor department leader.
Each Republican had different reasons for his vote. Wheeler cited the settlement, but Sununu cast blame on something else: time. It’s a strange culprit, given Craig’s re-nomination had been floating since June.
“Having only been made aware of the nomination twenty-four hours in advance, Governor-elect Sununu felt he needed more time to assess,” his spokesman Dave Abrams said in an email.
Hassan and Democratic Councilor Chris Pappas said they are disappointed in the outcome.
“Jim is always someone who has spoke up for the little guy,” said Pappas, of Manchester. “Everything we received was universally positive about him and his leadership at the department.”
It turns out you didn’t have to run in the four-way Republican primary or competitive general election to sit in the corner office. Senate President Chuck Morse will get his shot at being governor this week, if only for two days.
Gov. Maggie Hassan is resigning the post Tuesday to be sworn in as a U.S. Senator in Washington, D.C. It’s not until Thursday when Gov.-elect Chris Sununu is sworn in. And so on Tuesday, Morse will take over the corner office for less than 72 hours.
(Allie Morris can be reached at 369-3307 or amorris@cmonitor.com.)