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See ACLU in the news! |
***MEDIA RELEASE***
Maryland Appellate Court Reinstates Claims, For Immediate Release: Contact: ANNAPOLIS, MD – The Court of Special Appeals has handed public employees a big win, reinstating the constitutional free speech claims of two employees of the Caroline County State’s Attorney’s office who contend they were fired from their jobs because of their open support for their new boss’s political opponent. In a sweeping opinion released on Friday, the Court reversed numerous rulings by a Circuit Judge that had whittled away at protection for employee rights to political speech. The ruling restores the employees’ free speech claims against Caroline County State’s Attorney Jonathan Newell and the State of Maryland, as well as reinstating overtime wage claims against the Caroline County government. “We are extremely pleased that the Court recognized how vital it is for public employees to retain their individual rights to speak off duty on political issues and candidates notwithstanding their status as employees of the government,” said Deborah A. Jeon, Legal Director of the ACLU of Maryland. “Maryland law expressly recognizes these core freedoms, and this ruling makes the protections of the law a reality for these two women from Caroline County, and for all of the thousands of public employees across the state.” The lawsuit was originally filed in December 2003 in Caroline County Circuit Court by two clerical workers, Susan Runnels and Marge Cooper. They sued Newell, the State of Maryland, and Caroline County, saying that they were fired because they had supported the re-election of their former supervisor, then-State’s Attorney Robert Greenleaf. “We have been seeking justice for many years now, so it really feels good that the appeals court has restored our ability to defend our First Amendment rights,” said Runnels. “I’m also very glad that this ruling will help protect the rights of many other public employees.” The appellate court ruled that given the substantial evidence put forward by the plaintiffs supporting their claim that their firing resulted from their political support for Newell’s opponent, the case should have been submitted to a jury for resolution at trial, not dismissed by a judge before trial. The appellate court also overturned the Circuit Court’s ruling that even if the terminations were wrongful, Newell should be held immune from liability. The court held that as a Maryland resident and lawyer, Newell should be sufficiently familiar with the law to know that terminating employees because of their political speech is unconstitutional. “As we enter a new election cycle, it is important that public employees know that, with rare exceptions, the First Amendment and the Maryland Declaration of Rights protect their fundamental right to support the candidate of their choice,” said Thomas X. Glancy of the Baltimore law firm Gordon, Feinblatt, Rothman, Hoffberger & Hollander, LLC. “They should not have to put their jobs on the line when they place bumper stickers on their cars, campaign signs in their yards, or hand out leaflets supporting a candidate. ” Newell, a Republican, defeated incumbent Democrat Greenleaf for the Caroline County prosecutor’s job in the November 5, 2002 elections. Both Runnels and Cooper were fired by Newell and replaced with new employees who had not supported Greenleaf, effective January 6, 2003, the day he took office. All employees of the office who had supported Newell or remained publicly neutral during the election retained their positions. Employment records show that up until the time they were fired, Runnels and Cooper were excellent employees. Only one month before her termination, Ms. Runnels was rated “Outstanding,” the highest rating possible. Likewise, Ms. Cooper was a highly rated employee who had been honored just two years earlier with the Governor’s Victim Assistance Award. “I feel this decision has truly exemplified the power of our judicial system to uphold the constitutional rights of public employees and the citizens of this state,” said Cooper. “After many years working for justice, I feel this is a positive step in that direction.” Attorneys representing the plaintiffs in the lawsuit are Thomas X. Glancy of the Baltimore law firm Gordon, Feinblatt, Rothman, Hoffberger & Hollander, LLC and ACLU of Maryland Legal Director Deborah A. Jeon. |
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