An attorney for fired Police Commissioner Kevin Clark said the recent court victory that ruled his client?s firing illegal, means that the former chief could soon be back on job.
A. Dwight Pettit, who represents Clark in his lawsuit against the city, said that if the decision is upheld following appeal, Clark will seek to be reinstated.
?It is our interpretation that the court has ruled his termination as invalid, we?re asking for immediate reinstatement and back pay and trial on damages,” Pettit said.
Pettit said that based on the circumstances surrounding Clark?s termination, reinstatement is a fair remedy. “He was illegally fired ? to me that means he?s not fired,” he said, referring to Friday?s decision by the Maryland Court of Special Appeals that held the mayor did not have any “inherent authority over the police force” and that Clark?s termination was not legal.
But City Solicitor Ralph Tyler said that Clark was fired in accordance with his contract. “We respectfully disagree with the court?sdecision,” he said in a written statement released Friday. “We believe that the termination without cause provision in Clark?s contract to which he agreed is valid and enforceable,” Tyler said.
Clark, who replaced outgoing police commissioner Ed Norris in 2003, was fired by Mayor Martin O?Malley in November 2004. The former New York City Deputy Police Chief and his top commanders were escorted out of their offices after allegations that Clark was abusing his girlfriend were termed a “distraction,” by the mayor. Later, an independent investigation by Howard County police found no evidence of abuse.
Clark alleged in his lawsuit that he was terminated for investigating members of the mayor?s cabinet, and that he was working with federal authorities to clean up corruption within the police department.
Pettit said the city could file appeal. Barring that, he believes the court?s decision clearly vindicates his client?s position.
“He gave up everything to work for the city and was escorted out of his office by a SWAT team,” he said.
