Baltimore Co. to defend Homan, Berger in suit

Baltimore County is using, at least for now, its own attorneys to defend two top officials accused of firing a worker who allegedly caught them in an “awkward scene,” according to court records.

County Attorney John Beverungen has asked a federal judge to dismiss a $1 million lawsuit filed by a former county employee who said she was fired after catching Administrative Officer Fred Homan in an “inopportune encounter” with Assistant County Attorney Suzanne Berger after work hours. Miriam Grice, 55, said she was demoted, twice suspended and ultimately fired in June after the April 2005 encounter.

In one count, the suit alleges Grice lost wages and medical expenses, damage to her career and reputation, extreme emotional distress, and loss of enjoyment of life because Homan and Berger interfered with her employment contract with the county. But Beverungen said parties to a contract can not be held liable for interfering with its own contract.

“Defendants Homan and Berger are sued in this count and both are ?agents? of Baltimore County,” he wrote.

But Grice?s attorney Kathleen Cahill said the law applies only when employees are acting within the scope of their authority. Homan and Berger, according to the suit, “ruined” Grice?s career “for their own improper and self-serving motives, and without any legitimate, work-related justification whatsoever.”

“The motion is baseless and we look forward to moving on to the merits to get her the relief she deserves,” Cahill said.

The suit, which names Homan and Berger both in their official and individual capacity, raises questions regarding county representation of employees? private interests. County spokesman Don Mohler said the county is still “discussing” if staff attorneys will continue to handle the case if the judge denies the dismissal request.

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