Maryland High Court Quotes Machiavelli, Rules Unanimously in Favor of Public Employees’ Political Free Speech Rights
FOR IMMEDIATE RELEASE
March 16, 2009
CONTACT: Meredith Curtis, ACLU of Maryland, 410-889-8555; media@aclu-md.org
BALTIMORE – In a decision unanimously affirming the political free speech rights of public employees, the Maryland Court of Appeals on Friday ruled on all counts in favor of two highly-rated public employees wrongfully fired by Caroline County State’s Attorney Jonathan Newell when he was elected in 2002. The decision, which opens with a quote from Niccolo Machiavelli, holds that the government’s interest in providing effective public service must be balanced against the preeminent rights of public employees to engage in personal political expression.
“With this sweeping opinion, our state’s highest court has strongly reaffirmed the political speech rights of public employees throughout Maryland, and comprehensively mapped out the law in this area in a way that will benefit state and local employees for years to come,” said Thomas X. Glancy of the Baltimore law firm Gordon, Feinblatt, Rothman, Hoffberger & Hollander, LLC., who served as pro bono counsel with the ACLU of Maryland in the case.
The Court ruled that there is no categorical exemption that permits the firing of certain employees in retaliation for their political expression. In addition, the Court found that Newell was not automatically immune from suit as he claimed, because a jury could conclude that a reasonable public official would have known the firings of Susan Runnels and Marge Cooper were illegal, or that Newell acted with malice in terminating these employees based upon their political speech.
Also – breaking new legal ground – the Court held that the termination of the plaintiffs in violation of their state statutory right to engage in political activity, and to freely express their political opinions, can constitute the tort of abusive discharge. This key ruling establishes for the first time that Maryland law is more protective of employee political speech rights than is federal law.
“By quoting the classic political work, “The Prince” by Machiavelli, the Court reminds us that the misguided practice of making public servants walk the plank for supporting the losing political regime goes back at least five hundred years,” said Deborah A. Jeon, Legal Director for the ACLU of Maryland. “But over the last 40 years, the courts and the Maryland legislature have placed essential checks on the government’s ability to stifle its employees’ political expression. The Court of Appeals recognizes that what passed muster with public servants in Machiavelli’s day is a world apart from the way Marylanders want their government to treat employees today.”
“We are so heartened by this decision,” said plaintiff Susan Runnels. “Not only will we finally have the day in court we have sought for so long, but with this ruling, our efforts already have served the good of all public employees in Maryland.”
The lawsuit, filed in December 2003 in Caroline County Circuit Court, argues that Runnels and Cooper were within their rights in engaging in non-disruptive, off-duty political speech, and should not have been subject to dismissal on grounds of their political speech. 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 well-rated employee who had been honored just two years earlier with the Governor’s Victim Assistance Award.
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.
A friend-of-the-court brief supporting the employees was filed by the Public Justice Center and the Maryland Employment Lawyers’ Association. PJC attorney Matthew Hill authored the amicus brief.
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