Sources inside the Baltimore Police Department told The Examiner that ex-police commissioner Kevin Clark recently met in New York City with former Baltimore police officials to plan his return.
On the agenda, the sources said, was forming a transition team to plan his return to his job as police commissioner, sources said. Clark now lives in New York City.
Clark, who was fired in November 2004 by Baltimore Mayor Martin O?Malley, recently won a decision by the Maryland Court of Special Appeals, which ruled his termination was not legal. The court said Clark could not be fired “without cause” because he was a “state official.”
The decision was questioned by city Solicitor Ralph Tyler.
“We respectfully disagree with the court?s decision. We believe that the termination without cause provision in Clark?s contract to which he agreed is valid and enforceable,” Tyler said in a written statement.
Clark was fired over allegations of domestic abuse, but an investigation by Howard County police determined that no abuse had occurred.Clark subsequently sued the city, claiming his firing was illegal. The Court of Special Appeals upheld his claim, ruling that the police department is a state agency, and that Clark?s firing was illegal.
Now, as both parties await a decision by the Maryland Court of Appeals as to whether it will uphold the Special Appeals court decision, sources inside the police department said Clark is already in discussion with both former and present police officers to ensure a smooth transition.
A. Dwight Pettit, one of Clark?s attorneys, said that he was not aware of the meeting, but that if the Court of Appeals upheld the decision, the only legal matter left to resolve besides damages was the logistics of Clark?s return.
“The court would decide not if, but how his return will work,” Pettit said.
Pettit also said the decision could affect Clark?s command staff, some of whom were terminated along with Clark. “If his termination is illegal, then all the terminations that flowed from it are illegal,” Pettit said.
As to when the court will render its final decision, Pettit said any time frame was “?pure speculation.”
