Jul 1, 2006 3:31 pm US/Eastern
Former Commissioner Kevin Clark Back In Court
by Dennis Edwards
BALTIMORE (WJZ) ―
Former Baltimore City Police Commissioner Kevin Clark scored a legal victory Friday when his ongoing fight against the city received new life.
Clark was fired in November of 2004 after a controversial domestic dispute involving his girlfriend went public. A $120 million lawsuit in which Clark sought reinstatement was filed, but eventually thrown out of the Maryland Circuit Court. Now the Maryland Court of Special Appeals rules the mayor does not have authority to fire a police commissioner without proper cause and Clark says he's looking forward to another day in court.
"I have to say that I am very happy about the ruling in court," Clark tells
WJZ's Dennis Edwards.
Since the police department is a state agency, the court says the mayor has limited power over it. Without official misconduct, malfeasance, incompetence, or prolonged illness, the court says Clark could not be fired. The three judge panel also unanimously invalidated a clause in his contract allowing him to be fired without cause with 45 days notice.
Legal experts say the ruling is a blow to the O'Malley administration. They say Clark could be entitled to at least two years of back-pay or more than $300,000.
Maryland's second highest court is sending the case back to Circuit Court for a full hearing. Legal experts believe Clark could be entitled to even more additional damages for wrongful termination.
"He may get attorneys fees, he may sue for punitive damages," Byron Warnken of the University of Baltimore Law School says.
The mayor declined on camera interviews, but in a statement to
WJZ Eyewitness News, City Solicitor Ralph Tyler says: "We respectfully disagree with the court's decision. Because we believe the termination without cause provision in Clark's contract to which he agreed is valid and enforceable, we will seek review in the Court of Appeals."
On the advice of his attorneys, Clark could not talk about details of his case, unless and until the Court of Appeals rules Clark's lawsuit will go forward.
"We'll go into court hopefully very soon and we'll be able to answer a lot of questions under oath," Clark says.
(© MMVI, CBS Broadcasting Inc. All Rights Reserved.)
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