The controversial firing of a former Baltimore police commissioner has prompted legislative action in the state’s capital.
A bill introduced by Baltimore City’s delegation this week would grant the mayor greater power to dismiss the city’s top cop, a move critics said goes too far.
State Delegate Curt Anderson introduced the bill at the behest of Mayor Sheila Dixon that would allow removal of the police commissioner “at the pleasure of the mayor,” a change in a law that previously only allow firing in the case of misconduct, malfeasance, inefficiency or incompetence.
“The mayor is responsible, in the long run, for everything in the city, including crime. It makes sense that the mayor have some say over who is in charge of fighting crime,” Anderson said, D-District 43.
But the legislation, which stems from the contentious dismissal of former police commissioner Kevin Clark in 2004, was criticized as giving the mayor too much power.
“In light of what happened with the Kevin Clark situation, where he said he was investigating members of the mayor’s cabinet at the time he was fired, I think it’s troubling,” said former police commissioner Ed Norris, Clark’s predecessor.
Clark was escorted from police headquarters by a SWAT team in November 2004 after then-Mayor Martin O’Malley deemed the decorated former New York police officer a “distraction” from the city’s crime-fighting efforts. Clark had been accused of abusing his live-in girlfriend that same month.
But an investigation by Howard County police later cleared Clark of any wrongdoing, and the former commissioner sued Baltimore for millions of dollars — arguing the firing was illegal because the police department is a state agency, requiring the mayor to have “cause” to fire Clark. Clark lawyers also contended the former commissioner was investigating the mayor’s cabinet when he was fired.
The lawsuit was initially dismissed by circuit court Judge Albert Matricciani Jr., but the Maryland Court of Appeals reversed Mattricciani’s decision and remanded the case back to him. Later, Matricciani tossed the suit for a second time; his decision is currently under appeal.
The questions still surrounding Clark’s dismissal prompted some legislators to question the need for changing the law.
“The mayor did what he wanted to do then, so my concern is how this law improves public policy, or is this politically motivated?” said State Delegate Jill Carter, D-District 41.
The legislation was first discussed at last week’s Mayor’s Luncheon during a presentation of the mayor’s planned legislative agenda for the 2009 session. Dixon’s Deputy of Governmental Affairs, Mary Pat Fannon, alluded to Clark’s firing while explaining the bill to members of the Baltimore City Council.
“Generally, the mayor can dismiss police commissioners — we only had one case where there was a slight problem,” Fannon said.
But Dixon spokesman Ian Brennan brushed aside suggestions the bill was tied to Clark’s firing, arguing the city-funded agency should be accountable to the mayor.
“The police department is not a state agency; the city is fiscally responsible for funding it — so it is a city agency, and we need that to be clarified.”
Examiner staff writers Jason Flanagan and Luke Broadwater contributed to this report.
