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Clark asks judge to reinstate him
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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
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Another Police said:
Well I hate to admit it but were just as short off officers here in the Southeast that I know of at least 7 officers right now how are testing with several officers and at least 3 officers a few months from there 20 years and there not staying for drop. So yes the vacancies will just rise higher. But we all know It were reaching the breaking point, just the Commissioner just does not have the will to tell the Mayor and really is there are any Police Officers that thinks he cares about us of course not. Well good by BCPPD I leave next month for the Pinalis County Police Department in Florida.
19 agree | 1 disagree
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Concerned Police Officer said:
And what about the new work schedule which was voted on 8 months ago for 4-10 hour days versus our current 6 eight hour days with 2 days off. Only the Northeast District has now and they have had for eight months. According to the recent story in the Sun 100% of the officers working it love it, as well as the Chief of Patrol. Well the Police Commissioner says well I'm not sold on it I have to know what resources it would take. MY GOD MAN did you not look into what resources it would take when we sat down with you and the city and negotiated for i. My god the incompetence. This si why are attrition rate is so high everyone hates the job. Being short all the time, not being able to get days off, working a lousy work schedule that everyone hates. You know where underpaid and as you say there is no money then try to help the attrition and try to raise morale by doing something positive for the Police Officers. But I guess why do anything for them you don't care right commissioner. From SD
42 agree | 0 disagree
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Concerned Police Officer said:
And where is the Mayors Plan that was announced during the election to retain Police Officers. The attrition rate still out paces the recruitment rate adding to the already 300+ vacancies. We can go on and on all I can say is that the Police Officers are very happy and were pressuring for a vote of no confidence in the current Commissioner to tell him were tired of going out in the streets short. He might not care if I get killed or hurt but sure as hell my family cares.
58 agree | 0 disagree
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johnn said:
did you know that some of those officers on the swat team that day were friends of martin omalley,and are now working in the mta,generalservices police,and other omalley appointed postions,you know how it is you have to take care of your croneys,least they rat you out
1 agree | 1 disagree
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johnn said:
all you anti clark people are forgetting the real reason clark and rebold were fired,it was because martin omalley and sean malone were repeatly breaking federal laws,civil laws,ethic ,and city laws,you are to quick to hate clark but love omalley who was the doer of illegal deeds,clark uncovered those deeds,so in omalleys book he had to go,and thease corrupt judges in baltimore city are helping him..thats a fact
2 agree | 1 disagree
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Examiner Reader said:
Court of appeals only held one provision of the contract invalid, the provision that gave O'M the ability to fire a PC without cause. The other provisions, to include his pay, severance package and a liquidated damages clause in case clark was fired without cause, as he was, remain in tact. This decision ruled on whether Clark's claim was capped based on another clause that was not rendered invalid, a liquidated damages clause- see the court of special appeals decision which explains the contract. This Court says Clark was fired without cause, however his damages are capped due to the liquidated damages clause he, under advice of counsel agreed to with the City. This case is done, under Maryland law punitive damages can't be awarded when an action is based on an invalid contractual clause, only compensatory damages may be given. Clark agreed to limit his compensatory damages thus this Judge's decision will stand. Decision not inconsistent with appeals decision.
2 agree | 1 disagree
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Galt said:
What, and Baltimore has no recent history of chaos ???
2 agree | 1 disagree
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Examiner Reader said:
Umm, Mr. Pettit, the judges repsonsibility IS NOT to enforce the law....she does not work in the executive branch. GO back ot law school. Judges don't execute law.
1 agree | 1 disagree
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Examiner Reader said:
the Position of Police Commmissioner does not fall under an "at will" policy as most jobs throughout the state of maryland does. There actually is a contract that is signed by the Police Commissioner and the Mayor & City Council of Baltimroe.
1 agree | 1 disagree
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Examiner Reader said:
The laws is the law. Mayor Dixon nor the City of Baltimore is "above the law". I applaud Mr. Clark's counsel in seeking the "writ of mandamus" against the Mayor of Baltimore City. When are we the citizens of Baltimore gonna learn that "if you stand for nothing, then you'll fall for anything"? He was fired "illegally" he should be afforded the same rights, and protections under the law as we all should. A person is "innocent" until proven guilty, and Mr. Clark was found to be "not guilty"....
2 agree | 1 disagree
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Examiner Reader said:
If this guy wins any money, Omalley our the State should pay up. MOM messed up and you dont hear a word from him. Hey, are you already for the gas/electric bill hike in June??? Remember Omally for this, election is right around the corner.
1 agree | 1 disagree
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Examiner Reader said:
If Clark comes out of this a rich man, I hope he develops better taste in women and stops beating them. His so-called wife didn't deserve to be beaten, but what self-respecting man would be caught dead with that ...?
3 agree | 1 disagree
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Examiner Reader said:
Clark was not fired after "domestic dispute" Clark was fired after initiating "Sean Malone investigation"
3 agree | 1 disagree
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Examiner Reader said:
Liberals gone wild Paradise..
3 agree | 2 disagree
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Examiner Reader said:
give clark the money and if he wants the job back give him that too
1 agree | 1 disagree
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Examiner Reader said:
kevin clark in w/millions. GREAT! o'malley out w/charges and paying for his defense with his own money. PRICELESS!
1 agree | 1 disagree
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Examiner Reader said:
Baltimore City should have been investigatewd years ago.. Let the Fed's run the investigation... I'm sure more than half of the So called City Leaders would be in Federal Jail...
2 agree | 1 disagree
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Examiner Reader said:
Deep scars... but $125M deep? Really?
1 agree | 1 disagree
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Examiner Reader said:
Like many of BPD's finest, he is a wife beater. Only in this case he was just pretending she was his wife only in order to get medical benefits.
1 agree | 2 disagree
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Ms. Nakia said:
Clark was fired for one reason, the color of his skin. But still we are lectured that Rev Wright was wrong. Rev Wright is guilty of speaking the truth and being a proud black man! God bless both of them!
3 agree | 6 disagree
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Examiner Reader said:
One can only hope that a criminal such as O'Malley will be brought to justice and that no one is above the law. Time will tell.
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Reader said:
Clowns
4 agree | 1 disagree
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Reader said:
And by the way, you cops are all legends and egos in your own mind. Dominoes can fall or stand all around you, or we can do this the easy way. Settlement and I get to keep the charm of the city. No more taxes!
1 agree | 1 disagree
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Reader said:
Lets learn. I want those tapes.
1 agree | 1 disagree
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Examiner Reader said:
The hard drives are not missing -- just physically damaged. Wait & see. Don't we all remember the flood in the basement?
Herein lies the biggest test of the teflon-Leprechaun. Maybe we'll learn about the Pension Fund folks. Or the whereabouts of the $58,000,000... or why 4 crooked building inspectors were not disciplined but those 4 and 8 others at the same level were told to retire -- and receive their pensions ahead of schedule, without looking into the matters.
Storm's coming.
3 agree | 1 disagreeVote on this comment: I agree or I disagree
Cash Kammer said:
Besides violating his wife's trust, Norris violated the city's and the department's faith. Dont compare his crimes to Clark. Norris is nothing more than an overweight, hairless, Elliot Spitzer. With the integrety of a turkey buzzard.
2 agree | 4 disagree
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Cash Kammer said:
Have at it Kevin.
2 agree | 1 disagree
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Grumpy said:
I wonder if what O'Malley did would be considered obstruction of justice? Could he eventually be disbarred? Forced from office? It would be nice to see Kevin Clark stick it to Marty-boy real good. It's too soon to get our hopes up but wouldn't it be cool to watch Marty's resignation speech in HD! I'm not feeling quite so grumpy right now.
3 agree | 1 disagree
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Reader said:
Funny thing, a kid with talent can tranfer hard drives. He is exused and pardoned for drunkeness.
1 agree | 1 disagree
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Examiner Reader said:
I just read another artical in the examiner that two other top commanders are sueing O'Malley for 20 million each and their are others that filed suits in fed. court. Looks like O'boy's time is running out . Dam bring back Ed Norris, even Dixion has met with him on things . He didn't do anything wrong except what he did to his wife. That fund there were other hands in it , and who told Norris about it. Why didn't they want to go after others?
2 agree | 3 disagree
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Examiner Reader said:
Will be funny to be a bug on O'Malley's office wall. I would enjoy the out come if O'Malley is arrested and his DNA is taken and put onto his own dna database. He than will have time to think over what he has done to the state of Maryland and to the man who sent him the e-mail Maybe he will get lucky and his case will be in his wife's courtroom. If she's smart this will be her chance to send him up the river without a paddle. I hope Clark wins and than the maryland taxpayers sue O'Malley for impersonating a governer. You know the boy gov. has long had the hard drives destroyed.
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Reader said:
3:40 Maybe right. There are alot of puney punks that have been investigated, that goes to show black is beautiful and a smart detective.
2 agree | 2 disagree
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Examiner Reader said:
Reader at 1:42 is uninformed omalley robots like you and your idol the teflon lepreCON who are an embarrassment to Baltimore. Mr. Clark was forced out because he was INVESTIGATING the puney punk..
5 agree | 3 disagree
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Reader said:
Thank GoD
1 agree | 2 disagree
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Examiner Reader said:
Clark was an embarrassment to Baltimore and Petit and Simms should be ashamed of themsleves for representing him. Sure, he's entitled to representation, but they didn't have to take the case. Simms's political career is done.
2 agree | 11 disagree
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4blkpwrrvltn said:
Finally, it comes down to the Blacks against a bad Irishman (not all Irish are bad). We blacks have had it with this type of "thuggish" white boy "good ole boy" behavior/mentality. Black men (Neal Janie, Dwight Petit, etc...) fight this white Irish scum bag of a governor, by the rule of justice, law and the empowerment of the good decent people of Baltimore. Chief Clark MUST be reinstated, if he wants his job back (period). His enemies must be sent to prison for violating his civil and constitutional rights (period).
5 agree | 1 disagree
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Examiner Reader said:
The boy gov is so clever!
1 agree | 1 disagree
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Examiner Reader said:
Want to bet that Malone has already smashed that computer to bits under direct orders from M'OM and the poliboro?
1 agree | 1 disagree
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Examiner Reader said:
Lets not lose sight of the most important issue in this case - the investigation of city hall and its temporary occupants. I assume THAT is why this case was aloowed to go on. It is apparently against the law to fire a PC who is involved in an ongoing investigation of the mayor's administration.
1 agree | 2 disagree
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AMERICA CALLING said:
could you just see if mr clark could be the one to arrest O'malley then md will have justice
2 agree | 1 disagree
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Examiner Reader said:
man, this Petit really gets around. He must be living large. I hope he leaves the city enough $ to guard his mansion after these lawsuits.
1 agree | 1 disagree
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HDTV said:
If the great commisioner is so scared, then perhaps he should not be put in any future leadership positions for fear of a collaspe. I'm sure his mental acuity is slanted a bit considering the traumatic ordeal he's been through! I'm certain the ridiculous money he is requesting will ease his scaring! Go back to NY!
3 agree | 2 disagree
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Examiner Reader said:
Don't forget...Commissioner Clark had Sean Malone's computer and was in the process of having it scanned for criminal files and turned over to FBI. O'Malley intervened didn't he. I wonder what Malone has on O'Malley?
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Examiner Reader said:
It is obvious the Commissioner Clark had something on the teflon lepreCON the way he forced him out of office then he had his files and computer confiscated. He did the same thing to Ed Norris. omalley is nothing but short little jack%&& who uses what little power he has to destroy peple who do not go along with his master plan.
3 agree | 1 disagree
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Examiner Reader said:
marty yo'malley, leaving a trail of destruction and increased taxation wherever he governs. what a class A jackass.
6 agree | 2 disagree
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Examiner Reader said:
The boy gov is a joke!
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Moose said:
Sounds to me like a bogus law
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Irate Taxpayer said:
What an extraordinary change of events!! Legally Kevin Clark is still the Police Commissioner of The City of Baltimore and entitled to 4 years of back pay, lets see how the City weasels its way out of this ruling. I doubt that he will find redress in the courts of Baltimore and he will keep having to win decisions on appeal, so this case is going to drag on for years and cost us how much in taxpayer money?
3 agree | 2 disagree
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Wayne, Parkton said:
When a lawyer and his lawyers can't even interpret and follow written guidelines to terminate an employee or appointee, there is only one thing to do,,elect him Governor.
2 agree | 1 disagree
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Examiner Reader said:
what happened to Maryland being an "employment at will" state. if you or i were fired, we would not be given notice, we would be escorted from our cubicles or be given the heave ho at the end of the business day as to not add to the embarrasment. bottom line is whether there was domestic violence involved or not, as the police commisioner he should have known not to put himself in that situation. it was part of his job to set an example. what kind of example was he setting for his officers? what exactly did he accomplish while he was here? was baltimore city any better off with him after the debacle that was the norton administration? is it any wonder baltimore city has become what it has become, the armpit of the state? and who do we have to thank for all of it? what martin o'malley didn't screw up in the city he is now doing to the state! and if clark wins the money, who do you think will be writing that check? we'll be paying for martin o'malley's screw ups for years to come!
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