The state auditor's office says an employee asked for a voluntary layoff, changed his mind and then filed suit because he fears a layoff.

Attorneys representing the auditor filed a motion Thursday to dismiss a lawsuit filed by Darryl Black, an assistant state auditor who says his bosses have targeted him because his is a Republican. 

Black claimed in his suit that his bosses approached him about a buyout and mentioned that involuntary layoffs were impending, which Black took to mean that his days at the office were numbered. A spokesman for Auditor Beth Wood said the office has a different interpretation how talk started about the buyout, known in state government as a Reduction in Force or RIF.

"This fella came to us and asked for a voluntary RIF, which involves us paying severance pay among other things and health benefits and we agreed to that and go back to him with the paperwork, and all of a sudden he's changed his mind," said Dennis Patterson, a spokesman for the office. "And now we're being sued for trying to accommodate him."

Patterson said that under Republican Auditor Les Merritt, Black had quit his job and returned a day later. He was hired back with the understanding that he would find a new job.

"We inherited this fellow," Patterson said. "Party registration is simply not a factor. It's competence."

Black's attorney, Michael C. Byrne of Raleigh, said "They are free to characterize their actions how they wish and we look forward to seeing how they are characterized under oath in a court of law."

More after the jump.

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An assistant auditor has sued the state, claiming that his bosses are going after him because he is a Republican.

Darryl Black sued the Office of the State Auditor, saying that after Democratic Auditor Beth Wood was elected, supervisors in her office began pressuring him to take a voluntary layoff because he is a Republican.

A spokesman for Wood and the Auditor's Office said he could not comment on the lawsuit because it involved personnel issues.

Prior to 2007, Black says in the lawsuit, he received good or even outstanding performance reviews. In 2008, before the most recent election for auditor, Black wrote letters published in The News & Observer. He did not identify himself as a state employee and the issues he wrote about were not connected to his duties as an auditor.

Black previously had run for the legislature as a Republican and he believed his managers knew of his political leanings.

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Correction: An earlier version of this post incorrectly identified the administrative employee who had previously been let go. The employee is a 23-year veteran of the office, not a 23-year-old. Dome regrets the error.

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An assistant supervisor for the N.C. Division of Motor Vehicles' License and Theft Bureau who was fired after blowing the whistle has filed a lawsuit in federal court to get his job back and collect $800,000 or more in damages.

Ken Cassidy was fired in March 2008 after he was accused of violating an order not to talk to any DMV employees in the emissions program, Dan Kane reports.

Several months earlier, Cassidy had tipped The News & Observer to an improper hire within the program and to the fact that some emissions staff had so little work to do that they were finished with their tasks by lunch time.

Cassidy's information undid the improper hire, which also led to the resignation of the bureau's deputy director and the firing of another assistant supervisor. His information also caused DMV officials to give emissions staff additional duties.

Senior Administrative Law Judge Fred Morrison found the order that led to Cassidy's firing "excessive, punitive and unreasonable" and said he should be reinstated. But the State Personnel Commission rejected the opinion. Cassidy has appealed that decision to state Superior Court.

The federal lawsuit names the DMV, the state Department of Transportation and several former and current DMV and DOT officials as defendants, including former DMV Commissioner Bill Gore.

Gore issued the order after learning emissions staff alleged Cassidy had harassed co-workers. Two of those employees acknowledged in a hearing that they were upset that Cassidy had exposed the problems within the emissions program.

Gore and DMV officials said they had not seen the lawsuit and could not comment.

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Two troopers disciplined over alleged racial comments and a former Division of Motor Vehicles assistant supervisor who blew the whistle on problems within the agency's emissions program appeared before the State Personnel Commission today.

— Trooper Mitch Foard's attorney, Travis Payne, told the commission that it should accept an administrative law judge's finding that the Highway Patrol had not proven that Foard had uttered a racial slur in 2006 that a retired lieutenant said was inadvertently recorded on his cell phone voice mail. Foard was demoted from sergeant over the incident, Dan Kane reports.

Assistant Attorney General Ashby Ray contended that Foard admitted to making the comment in an initial interview, and top patrol officials confirmed that was his voice. Payne, said that Foard specifically denied the comment, and more than a dozen troopers assigned to his district said that was not his voice on the recording.

— Capt. Norman Goering's attorney, Michael McGuinness, said the commission should accept an administrative law judge's finding that Goering should not have been punished for inadvertently, and with no harm intended, misspeaking in telling troopers lining up in July 2007 for a group photo "blacks in back."

Goering has said he intended to say "tall back, back tall." He had immediately apologized to a black lieutenant near him, but the comment brought Goering a five-day suspension. Ray said the punishment was proper because Goering made the comment in a public place and with African Americans present, but Ray also said there is no evidence that Goering harbors any racist attitudes.

— Former DMV assistant supervisor Ken Cassidy's attorney told the commission that it should accept an administrative law judge's finding that Cassidy should be reinstated to his job with back pay and legal fees after being fired in March for violating an order not to talk to the roughly 100 employees in the DMV's emissions program.

Cassidy worked in the Raleigh district office where he would come into contact with roughly a dozen emissions staff. The DMV contends that Cassidy had harassed a few employees, causing DMV Commissioner Bill Gore to fashion the order to prevent further complaints. Cassidy's lawyer, Michael C. Byrne, contends Cassidy the order was designed to set him up to be fired after he blew the whistle on an emissions staff that did not have enough work to do and on an improper hire.

The commission did not announce a decision in any of the cases. Typically, the commission provides a written decision within two months of the hearing.