No law exists saying Deputy Police Commissioner Marcus Brown may not receive a pension. So, technically, Mayor Sheila Dixon?sstatement that “… the intent and letter of the law was followed by the police commissioner” is true.
But that?s like saying a cheating husband or wife followed “the letter and intent of the law.” Adultery may not break the law in most states anymore but it violates a contract between spouses and decimates families.
That?s exactly what Commissioner Leonard Hamm did in writing a letter to the Fire and Police Employees? Retirement System board saying Brown had been “laid off” making him eligible for a full $55,529 annual pension.
A technicality allows those whose positions have been eliminated to draw a pension if they have served at least 15 years on the force, a qualification Brown met. The problem is he accepted a job as chief of police for the Maryland Transportation Authority three days prior to his supposed layoff. The second issue is that Frederick Bealefeld filled his position. Normally, officers must work 20 years to receive full pension benefits.
As Stephan Fugate, chairman of the fire and police pension board said, “I don?t know what he (City Solicitor George Nilson) could have found to somehow justify false information. It?s kind of mind-boggling, and I suspect it?s more political than factual.”
Who is the mayor helping with her interpretation? The rank and file whose retirement fund will be raided by someone who did not earn his pension? Taxpayers who must fund his retirement? The image of the police department? Is giving favors to those in high positions as the murder rate skyrockets how Hamm wants to be remembered? Sounds a lot like Nero playing the violin as Rome burned to the ground.
Turning the discussion from moral obligation to the law may allow Hamm, Brown and any others involved in the plan to circumvent the rules a trip to court, but it does not absolve them of abusing their power.
Hamm and Brown can still set the situation right; Hamm by accepting responsibility and pledging to follow the letter and spirit of every employment contract and Brown by renouncing his pension. By hiding behind the law they show themselves to be cowards unworthy of those they supposedly protect.
