The Baltimore Police Department has refused to follow a judge?s order to rehire an officer who blew the whistle on overtime abuse, the officer?s attorney says.
Circuit Judge Alfred Nance called the January 2007 firing of Officer Frances Hamilton “capricious and arbitrary.”
Hamilton, a five-year veteran, had been terminated for filing false “citizen contact” forms that document officers? responses to calls, police said.
But Hamilton challenged her ouster in a lawsuit, calling her firing punishment for speaking out about overtime abuse and claiming discrimination.
“I did the right thing, and I was blackballed,” she said.
“This is clearly a case of retaliation,” said Robert Smith, Hamilton?s attorney. “It was outrageous.”
After Nance?s May 28 ruling, Smith said, police officials told him Hamilton should not bother showing up for work.
“They said [they?re] just going to fire her again,” Smith said. “I was shocked.”
Nance, who did not specify damages beyond reinstatement, could not be reached for comment.
Joanne Branch, the Police Department?s trial board chief, made the threat not to rehire Hamilton, Smith said.
“I said, ?We need to talk about back pay, and [Branch] said, ?Don?t bother. We?re just going to fire her.? ”
Branch, who police officials said was on vacation, did not return calls for comment. But city Solicitor George Nilson said the judge could have overturned the case on a simple technicality.
“I don?t know about the case specifically, but I could imagine a case where the judge could say you did it wrong procedurally and give the employer the chance to do it again.”
The case came to light this past year after Hamilton told The Examiner she was being forced out of the department for reporting overtime abuse in the accident investigation unit.
Hamilton, who worked in that unit, said in November 2006 that officers submitted overtime slips for hours they did not work.
“The unit was double-dipping,” Hamilton said. “They claimed overtime when they were on regular time. I turned in a time sheet where an officer claimed 24 hours of overtime in a single day.”
The only black officer in the unit, Hamilton also filed an Equal Employment Opportunity Commission complaint alleging fellow officers made racially insensitive comments. The city?s EEOC found no evidence of discrimination, she said.
A week after Hamilton filed both complaints, the department said she had written eight false police reports.
“No matter what I do and where I go, I?m not going to get a fair shake at this job. I have a perfect record, and I got fired whenit all comes down to I did the right thing,” she said.
City Councilman Jack Young said the incident shows the need to reform the Police Department?s internal discipline system. “I?m sick to my stomach about the way she has been treated,” Young said.
