Greg Maddalone, a key figure in the legislative probe of alleged personnel abuses by the Ehrlich administration, was fired “unconstitutionally” and “for political reasons” by Gov. Martin O?Malley?s transportation secretary in January and should be reinstated, an administrative law judge ruled Monday.
Maddalone, who still has a lawsuit pending against the special committee that investigated firings under Ehrlich, was fired by Transportation Secretary John Porcari on Jan. 23, six days after O?Malley and Porcari took office.
The 12-page decision by Judge Susan Sinrod said that at the time he fired Maddalone, Porcari “conceded that he was unaware of the employee?s qualifications, as he never saw the employee?s personnel file, resume, application or performance appraisals” ? which Sinrod said were high. Porcari also told Sinrod he knew Maddalone only from news accounts about the firings and “that it did raise questions in his mind about the employee.”
Maddalone had been questioned in the media and by the special joint legislative committee over whether he targeted state employees for firings.
Porcari said he wanted to reorganize the Homeland Security Office to bring in more professional and qualified people. Sinrod said Porcari?s credibility was “severely undermined” because he knew little about Maddalone except his political connections and not whether he fit into any reorganization.
Maddalone started his government career in the office of Gov. Robert Ehrlich, doing Web design and computer support. He is just short of earning an associate degree.
In October 2003, Maddalone became chief of staff to the general manager of the Maryland Transportation Authority, and a year later became legislative liaison for the Maryland Port Administration, a position later abolished. He then became an administrator related to homeland security at Department of Transportation headquarters, “a mid-level, nonpolicy position.”
On Tuesday night, Maddalone told The Examiner he couldn?t comment and referred all questions to his lawyer, Debra Cruz of Towson.
“Obviously, we are pleased with the decision,” Cruz said in an e-mail to The Examiner. “Otherwise, I cannot comment at this juncture.”
Transportation Department spokesman Jack Cahallan said, “Secretary Porcari stands solidly behind his decision as allowed under the law” and that the department legal counsel, which only received a copy of the decision Wednesday morning, was “reviewing what options are available.” These include an appeal to Circuit Court.
O?Malley spokesman Rick Abbruzzese said, “The governor supports the agency?s decision and thinks we should use a little common sense” in looking at these personnel decisions.
THE OPINION
In her opinion in Gregory Maddalone v. Maryland Department of Transportation, Administrative Law Judge Susan Sinrod wrote:
“Secretary Porcari testified that he terminated the employee [Greg Maddalone] because he wanted to reorganize [the office] and bring in more qualified people, perhaps those with federal intelligence and/or homeland security experience. However, he terminated the employee without having the slightest knowledge of whether the employee?s qualifications could possibly fit the mold of the reorganization that he sought. He made the decision only two days after he became acting secretary.
“By Secretary Porcari?s own admission, the only knowledge that he had of the employee were news accounts that questioned whether he was commissioned by the Ehrlich Administration to target people in state agencies for hiring and firing, and questioned his qualifications for any state employment because he is an ice dancer.
“Secretary Porcari?s credibility regarding the employee?s termination is therefore severely undermined, because he could not possibly have known whether or not the employee fit within the framework of his reorganization. Thus, it stands to reason and I conclude, that the employee has established that the only knowledge that Secretary Porcari had of the employee was through politics and the media, and the employee?s politics were clearly conflicting to Secretary Porcari and that the new governor?s administration.
“The employee was in a mid-level, non-policy making position, and based on the applicable case law, it was unconstitutional for Secretary Porcari to terminate him for that reason. As there could be no other reason for the termination, I must conclude that the termination was unconstitutional, and the employee was improperly terminated. Therefore, the employee must be reinstated to his position as Administrator VI, effective Jan. 23, 2007.”
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