[March 07, 2009]

Greenbrier County commissioner says unemployment denied

(The Register-Herald Via Acquire Media NewsEdge) Mar. 7--LEWISBURG -- The president of the Greenbrier County Commission said this week that state unemployment officials have denied a benefit compensation request by former Commissioner Lowell Rose, who left office after being defeated in last year's general election.

Rose countered by saying he applied for a low earnings check through his own business and never intentionally sought benefits from the county.

Commission president Betty Crookshanks previously announced at a public meeting that county officials in early February had received a partial unemployment claim notice from WorkForce West Virginia with Rose being the claimant. Crookshanks confirmed that statement Wednesday and also furnished The Register-Herald with a copy of the unemployment claim.

The "preliminary notice of eligibility" and "notice of charging" letter indicated Rose had applied through WorkForce West Virginia for benefits extending from December 2008 through December 2009.

The letter, addressed to the Greenbrier County Commission, was signed by assistant director Mildred Brown of the state unemployment division.

"You are potentially liable for reimbursement of payments for 47.749 percent of the regular benefits paid to the claimant," the letter said.

Also, an "X" was marked by a box that said, "Information furnished by the claimant at the original claim interview raised no eligibility or disqualification issue." "Evidently, (Rose) applied for unemployment and we were sent a letter to that effect," Crookshanks said.

On Feb. 11, Crookshanks penned a letter to the local unemployment office asking for a clarification of the unemployment claim notice.

"Regarding the unemployment claim of Mr. Lowell Rose ... I suggest you research the situation," she wrote. "I have never heard of a public official who has been defeated in an election drawing unemployment compensation." Crookshanks also asked whether other elected officials would be eligible to draw unemployment from the county, should Rose's claim be approved.

"Please let us know the status of public officials and unemployment compensation as this could be recurring every election," she wrote.

On Feb. 13, Brown addressed a second letter to the county commission which indicated the county would not have to pay any money toward Rose's claim. The Register-Herald also obtained a copy of that letter through Crookshanks.

Although unemployment officials have yet to officially respond to Crookshanks' Feb. 11 letter, the county commission president believes she prompted the state's denial action.

"I didn't ask for an appeal. If I had not sent the letter, then it probably would not have been caught," Crookshanks said. "As a county, we are self-insured and we would have ended up paying these benefits out of our budget." Rose responded Wednesday by saying the unemployment claim sent to the county was "unintentional." Rose said he applied for a low earnings check as an employee of the general contracting company he owns under the business name of Lowell C. Rose Inc. Rose said state law requires the unemployment office to send notices to all employers within a one-year period.

"I knew that elected officials were not eligible for unemployment and I never intended for the county to pay unemployment compensation," Rose said. "The fact is that I only filed to draw from what I paid into from my own business, not from the county.

"All the county had to do was to sign the original form stating that they objected to it because I was an elected official. However, Mrs. Crookshanks opted to make a large issue out of it and bring it up in a public meeting. I never intended to draw unemployment from the county." Rose said repeated calls to the county to clarify the unemployment issue went unanswered.

-- E-mail: cgiggenbach@ register-herald.com To see more of The Register-Herald or to subscribe to the newspaper, go to http://www.register-herald.com.

Copyright (c) 2009, The Register-Herald, Beckley, W.Va.

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