Clark asks judge to reinstate him

Clark seeks a writ of mandamus, in which a judge orders a public official to perform a specific act.

The filing marks the latest attempt by the ex-commissioner to get his job back after he was fired in November 2004 by then-Mayor Martin O’Malley.

Clark’s attorneys argued that the Maryland Court of Appeals recent decision affirming their client was fired illegally means he should be returned to his former post.

“The city is basically stonewalling at this point,” said Clark’s attorney, A. Dwight Pettit. “All the legal questions have been settled as far as we’re concerned, and we think he should have his job back.”

City officials, however, argue Clark’s original employment contract expires at the end of June.

“The mayor is quite pleased with the commissioner she has now,” said Sterling Clifford, spokesman for Dixon.

 The writ, if granted, could put Clark back in the commissioner’s chair immediately.

Clark was fired after an alleged domestic dispute involving his live-in girlfriend prompted O’Malley to label Clark a “distraction.”

Clark and his top commanders  were escorted from their offices by a SWAT team.

In a wrongful-termination suit seeking $120 million, Clark contended he was dismissed because of an investigation into possible corruption at City Hall, a probe he said he plans to resume if he is reinstated.

The state’s second-highest court, the Court of Special Appeals, had ruled in 2006 that Clark’s firing was illegal because it was “without cause,” a violation of state law.

In March 2008, the Maryland Court of Appeals affirmed the lower court’s ruling, leaving Clark’s employment status in limbo.

Clark, who was appointed commissioner in March 2003, was formerly the head of New York City police narcotics division. He now works for a private security firm in New York.

sjanis@baltimoreexaminer.com

lbroadwater@baltimoreexaminer.com