Fired Montgomery County employees face long odds in getting jobs back
By: Alan Suderman
Examiner Staff Writer
October 21, 2009
» "The mission of the Merit System Protection Board is to oversee the merit system and protect County Government Employees and Job Applicant rights guaranteed under the merit system law." Source: Montgomery County Merit System Protection Board's mission:
Fired Montgomery County employees who try to get their jobs back, like former Assistant Fire Chief Greg DeHaven who was dismissed after crashing a county vehicle into three other cars following a day of drinking, face long odds in getting reinstated, county and court records show.
The county board that reviews and has the power to reverse discipline cases, known as the Merit System Protection Board, has voted to reinstate only one employee from 2001 to 2008. The board sided with the county and upheld eight dismissals during that same period, although one case was later overturned by a circuit court ruling.
"I like to think that when we bring a dismissal that it's a strong case that we believe in," said Edward Lattner, a division chief with the county attorney's office.
But the long odds of getting a job back haven't deterred some employees from trying, including:
¥ A Ride-on Bus driver tried unsuccessfully to be reinstated after being fired after being in 13 accidents during a five-year period, county records show. Before being fired, the driver was suspended on numerous occasions, including a 10-day suspension for slapping a passenger in the face, and a three-day suspension for leaving the bus and getting into a fight with a passenger.
¥ A lieutenant with the Department of Correction and Rehabilitation who failed to get reinstated after being fired after supervisors caught the employee operating an online jewelry business while at work, county records show. During a one-week period, county records showed the employee spent 40 percent of the workweek on Internet sites unrelated to county employment.
The case that the court overturned included the county's decision to fire a manager of the county's vehicle pool after an audit showed that the manager had grossly mismanaged the county's fleet. The board ordered the county to give the manager a non-supervisory role and ordered the county to pay the manager back pay.
DeHaven is looking for a similar outcome from the courts. Earlier this month, he sued the Merit Systems Protection Board after it upheld the fire department's decision to fire him, saying DeHaven's misconduct was serious enough to warrant dismissal.
DeHaven's crashed a county sports utility vehicle after drinking a number of beers while leading the department's honor guard at a Redskins game. His blood alcohol level was nearly twice the legal limit three hours after the crash.
"It's clear I consumed too much," DeHaven told an investigator.
