CHARLESTON — The state Department of Health and Human Resources might get sued by its two top lawyers.

The two lawyers and a third senior DHHR staffer have been on paid leave since mid-July.

Members of the group raised questions about the department’s decision to award a marketing contract to the highest bidder. Department acting Secretary Rocco Fucillo placed them on some type of paid leave for reasons he has not explained.

The group includes deputy secretary for legal affairs Susan Perry, general counsel Jennifer Taylor and assistant secretary John Law.

The Charleston Daily Mail reports that on Friday, a lawyer for Perry and Taylor sent Fucillo a “litigation hold request” to ask DHHR to preserve documents. The letter, obtained by the Daily Mail, is a step on the path to legal action against the state.

Perry and Taylor have retained Parkersburg employment lawyer Walt Auvil.

The department is conducting an internal investigation with the assistance of Kanawha County Prosecutor Mark Plants’ office. But it is not clear what is being investigated.

Perry, a Logan County resident, told Gov. Earl Ray Tomblin’s chief of staff about potential issues with the marketing contract in the weeks before it was awarded to the highest bidder.

The contract, worth at least $473,000, was awarded to Fahlgren Mortine for one year of marketing and advertising work. To pick Ohio-based Fahlgren, the state passed over three lower bidders.

The contract is projected to be worth $3.5 million or more because of the way the state pays advertising agencies for their work, according to a state purchasing document.

Fucillo’s actions could make it appear that Perry, Taylor and Law have done something wrong. DHHR has drawn recent scrutiny from the Legislative Auditor’s Office for failing to protect the state’s interest and overlooking a potential conflict of interest on other contracts. Two DHHR officials sat on the three-member committee that awarded the marketing contract.

The room for error on the marketing contract was small: Of 100 possible points, Fahlgren received 93.96 in the scoring process. The Arnold Agency, which is DHHR’s current advertising firm, received 93 points and was the lowest bidder.

While the hold letter does not detail the contents of the documents, Auvil asked DHHR to “preserve and not destroy” personnel records, emails, correspondence, and electronic devices pertaining to Perry and Taylor

Since they were placed on leave in mid-July, Law, Perry and Taylor apparently have earned nearly $30,000 in regular salary and benefits, though it’s not clear what services they are doing for the state.