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Since Machiavelli's Time

Since Machiavelli's Time
Jonathan G. Newell, et al. v. Susan Runnels, et al., Maryland Court of Appeals No. 48, Filed: March 13, 2009
Source: Administrative Law Professor Blog. Reproduced with permission. Copyright © 2009, All rights reserved http://lawprofessors.typepad.com/adminlaw/

The Maryland Court of Appeals begins an opinion with a quote from Machiavelli. Noting that he had suffered the rack for his support as a public official for an administration that had been replaced, the court "considers what has changed since Machiavelli's time" in connection with a lawsuit brought by discharged employees of the Caroline County States Attorney's office for their support of the losing incumbent. One of employees who had filed suit was the coordinator of the victim witness unit of the office; the other had served in that position and been promoted to senior district court coordinator.

Contributed by Mike Frisch

The full text of the decision is posted on the Internet at:
http://mdcourts.gov/opinions/coa/2009/48a08.pdf

NYPPL Comments:

Two of the discharged employees, Susan Runnels and Marjorie Cooper sued the Newell and the State of Maryland as well as the County Commissioners for Caroline County alleging that their firings were unconstitutional because they were based on the employees having campaigned on behalf of another candidate in his unsuccessful bid for office.

In earlier cases, the Supreme Court declared that political considerations that resulted in the termination of an employee were unconstitutional except where political affiliation was critical to the individual's ability to satisfactorily perform his or her duties.

Examples of such rulings include Branti v Finkel, 445 US 507 and Elrod v Burns, 427 US 347. In addition, the US Supreme Court has ruled that it is unlawful to refuse to employ, promote or transfer a public employee because of his or her political affiliations unless those political affiliations are "an appropriate requirement" for the position involved [Rutan v Republican Party of Illinois, 497 US 62]. The Rutan ruling appears to be applicable in layoff and recall situations as well.

A U.S. Circuit Court of Appeals considered a claim that an Illinois deputy attorney general [DAG] was unlawfully terminated from his position because "he was a 52-year-old Greek Republican." Noting that the DAG conceded that "party loyalty" was a critical qualification for some DAG positions (but, presumably, not his), the Circuit Court said that when it comes to political affiliation, "if some DAGs can be terminated based on their political affiliation, all can be" [Americanos v Carter, 74 F.3d 138]. Put another way, this theory supports the argument that: "if some DAGs cannot be terminated based on their political affiliation, none can be." Is the glass half full or is it half empty?

Full post as published by New York Public Personnel Law on March 17, 2009 (boomark / email).