Suffolk official who sent nude photos defends firing decision

Posted to: Local Government News Suffolk

SUFFOLK

An Electoral Board member who admits sending nude photos to the city's former voter registrar said he regrets the error but insists it was poor job performance, and not her disclosure of the incident, that led to her dismissal.

David Sylvia, who has served on the three-member board for 15 years, said the panel concluded unanimously in late July that Sharon Thornhill was not meeting job-performance standards and should be replaced. She had been the registrar since 2007.

He said it was only after the board informed Thornhill of the negative evaluation on July 22 that she revealed she had received the salacious e-mail from Sylvia at her computer at work a few months earlier.

"To imply that she was dismissed or fired because she confronted me with the e-mail is totally false," Sylvia said Friday. "It had nothing to do with anything but her job performance."

Thornhill, who worked in the registrar's office for 27 years, submitted a resignation letter to the Electoral Board and to the city's Human Resources Department on Aug. 6. There was no public announcement of her departure. Sylvia said later that Thornhill had resigned "for personal reasons."

On Thursday, however, Thornhill insisted that she was fired after confronting Sylvia about the nude photos and after giving him an ultimatum demanding a good evaluation.

"I did everything I was supposed to do in that office," Thornhill has said. "They say this because they are trying to cover their backs."

A few days earlier, Thornhill sent a copy of the e-mail to City Manager Selena Cuffee-Glenn, along with a note indicating that she had been fired.

Cuffee-Glenn passed the word along to City Council members and to the State Board of Elections, saying the e-mail contained "inappropriate and graphic photographs of a nude individual," and suggesting that if Sylvia had been a city employee, he would have been disciplined or dismissed.

Sylvia said Thornhill's job performance had been documented in at least three previous evaluations signed by various board members. He said the July 22 meeting was called to request documents from Thornhill regarding whether she had remedied performance deficiencies that had been previously identified.

The meeting ended, Sylvia said, after Thornhill brought up the e-mail and issued her ultimatum. Sylvia said he then immediately informed the Human Resources Department, the city attorney's office, the Suffolk Circuit Court, and the State Board of Elections of the entire incident, including the e-mail, and apologized.

"The reaction I received from everyone was that it was an inadvertent e-mail, an accident," he said, "and that it could not in any way be looked at as any type of harassment or intentional - whatever word you want to use."

Members of the Electoral Board are appointed by the Suffolk Circuit Court to three-year terms. Only the court can remove a board member for cause, and only after a hearing based on a complaint filed with the court, said Circuit Court Clerk W. R. Carter Jr. No complaints had been filed, he said Friday.

"I was totally embarrassed that I had done this," Sylvia said. "I sent the e-mail to four individuals who I thought would appreciate it. Later, I found a copy had gone to my mother. No way did I intend for that to happen."

Although Sylvia admits he sent the e-mail from his personal account, he does not know how it went to the unintended recipients.

"Whether it was a computer virus, or I hit a wrong key, I don't know how it happened. But I can promise you I did not intend to send that to my mother or to anyone other than those four."

Sylvia said that, although he regrets having sent the photos, he doesn't believe they are all that shocking.

The e-mail, with a subject line reading, "FW: Putting on a bikini," contained a series of 14 pictures of a man body-painting a bikini on a nude woman.

"The way I look at it," Sylvia said, "it was a very unusual canvas, but it was art. And the end result, it just blew my mind. I could not believe that paint would have that effect."

Though uncertain where the e-mail originated, he thinks the photos may have been taken at an annual body-painting festival held in Key West, Fla.

"It's a big deal down there, and it's been going on for years," Sylvia said. "And these women walk down the street wearing nothing but paint, and nobody knows it."

Jeff Sheler, (757) 222-5563, jeff.sheler@pilotonline.com

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Electoral Board and Registrar

If it hasn't already the composition of the Electoral Board and all boards will go from 2 Democrats and one Republican to 2 republicans and one democrat by January 31, 2011. The General Registrar's term is up on Feb 28, 2011 and the new Board can replace her/him.

Registrars used to be rountinly replaced when the political makeup of the board changed the year after the governorship changed parties.

However a case decided in the 1980's held regitrars could not be replaced because of their political affiliation.

I suspect that case has a much to do with these events as anything.

They fired the wrong person

Sounds to me that with all of David Sylvia's defense/explanation of sending an inappropriate photo in an email, the wrong person was fired. Methinks you protest too much Mr. Sylvia. Hire her back, and pray they don't investigate you.

Content of Video

All a reader has to do to see the offending video is to index it on google, and the web site will come uo and make the video (actually a series of nude pictures) available to anyone with a facebook access.

Unfortunately someone showed me how to do this, and there is no doubt that much of this is just smut with no redeeming value. This is not an "artsy" site and is instead simply vulgar in some of the pictures and embarrassed several of us in the office when we accessed it one time.

Mrs Thornhill is not only entitled to an apology and reinstatement with punitive compensation, but also the man who sent it must believe the public is stupid to just believe he could under any circumstances possess and much less disseminate this trash and would not bother to check it out. This video, once seen, is trash and disgusting, and I dare anyone to justify it afer having seen it.

ART?

No one has said if David Sylvia was on 'company' time when he sent the inappropriate email even though he was using his 'personal' email. If he was, I would have to wonder how much time he has on his hands and if that is a job that COULD be eliminated from the BUDGET.
Question comes to mind, was there anything placed in HIS file (since he wasn't fired or suspended) for his inappropriate actions. THEN stating he even sent to his mother didn't make me see him in any favorable light, who knows maybe his mother likes what he sends. And I loved his comment..... he saw it as ART!! He should be dealt with for his actions but I'm sure the 'GOOD OLE BOYS' will take care of him and keep anything from happening to him or his record.

Something more important...

The fact that Sylvia even thought to send such an e-mail indicates that he has little or no common sense which should be reason enough for his dismissal.
In my company, sending a sexually suggestive e-mail, no matter how "artsy" or in jest is grounds for immediate termination.

Something fishy

I don't know if she used the email to attempt blackmail or not but the fact that they felt it necessary to have an employee, near retirement age, fired then told to clear out that day and the police escort her out of the building says there is much more to this story. That seems excessive force used on a long time employee for a dip in work performance. They could have just reassigned her back to a previous job she did well. Then the question of being fired or resignation seems fishy. Do you escort by police an resigning employee from the building?

Sorry Doesn't Cut It

Everyone's right. He probably sent the email by mistake, she probably used it as blackmail, she was probably fired for poor performance . . . and Syliva--if he had any self-respect--would resign. Probably not, though.

If I did that

the municipality I work at would fire me in a heartbeat. Sexual harassment is a zero tolerance issue. I think this employee has a good complaint if it is pursued vigorously. That excuse of not knowing how that E Mail went to certain recipients does not hold water. Sending nude photos on your workplace network is not only risky but stupid.It appears it is time for the electoral board to do some serious house cleaning.

Blackmail

Yes she used the photo's for blackmail,to get a good evaluation.She said it herself.He sent the pictures.He said she was fired for poor performance. Isn't his performance poor?He should be fired.Lets be real for a minute.Another Bad judgement.We see this in other articles from people in powerful positions using this term.Isn't evaluations good or bad made by peoples judgements?So a person goes out and shoots some one and claimes he used bad judgement should get off?Please, give me a break.The rich get richer while the poor get poorer.

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