Republicans In The News
More Bad News for Governor O'Malley
Date: September 3, 2008
Publication: Examiner.com
Author: Dilip Paliath - Baltimore Law and Politics Examiner
His approval rating has been under 40% for most of that time in a two-to-one Democrat-registered state. He had to go to the Democratic National Convention last week in virtual anonymity, after having a prime speaking role at the 2004 convention as a rising star in the Democratic Party. Last week, he received more bad news – and his response to it is truly puzzling.
In honor of Labor Day, I thought I would discuss the predicament of a former Maryland State employee, as reported in the Washington Times. In October, 1996, David Reier, who worked in the State Department of Assessments and Taxation (“SDAT”) under Governor Parris Glendening was fired for sloppy job performance. Whether he deserved to be fired is not the issue now.
Mr. Reier sued the State for wrongful termination, because SDAT apparently did not follow the law with respect to providing notice of his termination. Eleven years later, in June 2007, after the case had gone through the Maryland Court of Special Appeals, an administrative judge ruled that Mr. Reier was owed $404,000.
Two months later, Governor O’Malley (who automatically became a defendant in the lawsuit due to the legal substitution rules), in his role on the three-member Board of Public Works, voted against paying Mr. Reier what he is due. The second member, Comptroller Peter Franchot, also voted against payment. State Treasurer Nancy Kopp, the third member of the Board, abstained from voting.
The failure of the Governor to put the money for Mr. Reier in the State budget has drawn a rare and stern rebuke of the executive branch (specifically, the Governor) from the judicial branch (Judge Susan Souder of the Baltimore County Circuit Court).
Last week, Judge Souder affirmed the administrative judge’s decision and ruled that the State owed Mr. Reier $404,862 in "back pay, interest on back pay, retirement funds and sick and vacation leave." Judge Souder also found that defendant Governor O’Malley did not provide any explanation for why he did not put the payment to Mr. Reier in the State Budget. She concluded that the law requires Governor O’Malley to put the money in the budget.
In response to the court’s decision, the Governor’s spokeswoman implied that the money may still not be put into the 2009 State Budget, and suggested that the Governor may defy the legal system again.
The Governor’s refusal to pay a sum lawfully ordered by a judge is baffling – especially because he is an attorney and is married to a judge. Continuing to turn a deaf ear to the rule of law may not bode well for him come election time in 2010.