Bridge Collapse

ST. PAUL (AP) ― The emergency manager fired by the Minnesota Department of Transportation following the Minneapolis bridge collapse is asking for her job back.

Sonia Morphew Pitt was out of state when the bridge collapsed Aug. 1, and remained on the East Coast for nearly two weeks longer. The department fired Pitt last month, citing her absence and improper use of state resources.

On Wednesday, Pitt attorney John Fabian appealed her termination in a six-page filing that said MnDOT had ignored evidence that would have cleared Pitt. The agency also "misconstrued" state travel and expense policies, Fabian wrote in a statement provided to The Associated Press.

"The truth of the matter is that Ms. Pitt was an extremely hard-working, dedicated public servant," Fabian wrote.

MnDOT issued a brief statement saying it "respects the rights" of state employees to appeal discipline. The statement didn't otherwise address Pitt's case.

Told of Pitt's decision to appeal, Gov. Tim Pawlenty flatly responded, "Good luck."

"Keep in mind that the allegations against Ms. Pitt involve more than just her failure to return after the bridge collapse. They involve much more. So she's certainly entitled to her legal rights and her appeal rights," he added. "But from my standpoint her termination is justified."

Under state law, Pitt had 30 days to appeal her termination to the state's Bureau of Mediation Services. From there, the bureau has 10 days to set the process in motion by giving the sides a list of potential arbitrators.

If the arbitrator decides that she was wrongly fired, she could be reinstated to her old job or an equal position within the agency without loss of pay.

Soon after Pitt's firing, a legislative auditor's report said Pitt had improperly billed the state for at least $26,000 in unauthorized expenses and improper pay. Her case was referred to the attorney general's office to recover the money, and to the Ramsey County attorney's office for possible criminal prosecution.

Ramsey County Attorney Susan Gaertner said Pitt's appeal won't deter her office from examining the case for potential charges. Her office intends to meet with the legislative auditor soon.

"It is public money at issue and a public employee whose conduct is being questioned," Gaertner said. "That kind of case can and will be handled as quickly as we can."

Fabian defended Pitt on several fronts. He said investigations by MnDOT and the legislative auditor overlooked evidence that Pitt documented her expenses, traveled on schedules determined by the agency's airline booking policies and helped keep the lines of communication open between federal and state authorities in the aftermath of the disaster.

"Perhaps the investigations' most inflammatory and erroneous finding is that Ms. Pitt was 'on vacation' during the time of and for ten (10) days following the I-35W bridge collapse on August 1, 2007," Fabian wrote. "This finding is patently false."

He said Pitt worked out of the Federal Highway Administration building in Washington following the collapse, and also noted that Pitt was responsible for creating emergency response plans -- not command and control of the response.

"By most accounts, the emergency response to the I-35W bridge collapse was commendable," Fabian wrote. "Given the response to the bridge collapse, it is clear that Ms. Pitt had performed her job duties well."

The statement also said investigators were wrong to count all Pitt's calls to the Federal Highway Administration as personal because she had a relationship with an employee there. Fabian said the calls made during business hours were work-related.

The statement said neither Pitt nor her lawyers would comment further until her appeal concludes.

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According to a Gov. Tim Pawlenty's Web site, Molnau was born and raised on a farm in Carver County. She attended Waconia public schools and the University of Minnesota.
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According to a Gov. Tim Pawlenty's Web site, Molnau was born and raised on a farm in Carver County. She attended Waconia public schools and the University of Minnesota.

(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)