About that contract...
Asked by WBAL radio host Ron Smith this evening whether he had a good relationship with Mayor Stephanie C. Rawlings Blake, Police Commissioner Frederick H. Bealefeld III said she "gets" public safety and they're "going to get along fine." Just about the same kind of lukewarm endorsement she gave him when she said she would keep him around because his numbers spoke for themselves and, well, leaving it at that. Smith then asked if Bealefeld was an at-will employee.
"Sure," Bealefeld said. "I also have a great contract. God bless the laywers."
So what about that contract? I decided to fish out my copy of it to review the areas covering Bealefeld's termination or departure from the agency. I'm no lawyer, but the contract does seem pretty favorable regardless of the circumstances under which he exits, and there is language built in such that his agreement is immune from whatever happens in the ongoing legal drama regarding former Police Commissioner Kevin Clark. Technically, Bealefeld's contract calls for him to be commissioner until 2014, but no one has served that long since Donald Pomerlau's reign from 1966 to 1981, so it's a safe bet that unless Bealefeld rides off into the sunset on his own terms, this may become an issue at some point.
Here's how the contract outlines termination:
Termination for Just Cause. There are three broad reasons why the mayor could fire Bealefeld citing "just cause." They are defined as "persistent and repetitive dereliction of duty on multiple occasions involving violations of multiple standards of behavior"; "chronic and excessive use of intoxicants affecting his abiity to effectively perform the duties of his office, or conviction of an offense involving the illegal sale or possession of drugs, or conviction of an offense involving the operation of a motor vehicle under the influence of intoxicants"; and "indictment for commission of a felony or other crime involving moral turptitude or theft."
If Bealefeld is fired for one of the above reasons, "his right to salary or compensation shall end immediately upon his receipt of such written notice." However, he would still be entitled to benefits, including the Deferred Compensation Plan benefits, DROP benefits, and fire and police pension benefits.
Termination with cause. First off, if Rawlings-Blake wanted to fire him without cause, Bealefeld gets 45 days written notice. If that were to happen, Bealefeld is entitled to the following benefits:
-If he's fired before June 30, 2010, he is entitled to a lump sum severance of $225,000.
-If he's fired between July 1, 2010 and June 30, 2012, he gets a lump sum of $150,000.
-And if he's fired between July 1, 2012 and June 30, 2014, he gets a lump sum of $75,000.
The contract then goes on to say that Clark's case before the Court of Appeals won't affect Bealefeld's severance pay. "Even if the Court of Appeals determines in former Commissioner Clark's appeal that termination without cause is not an available termination basis under the Public Local Laws of Baltimore City, here the parties expressly agree to such termination bais and agree to the structured severance pay and agree that both were based upon arms-length negotiation and that both are to be honored."
Comments
Bealefeld's smug remark about HIS contract shows his lack of leadership and an incredible lack of imagination. A leader would be concerned that the contract the subordinate officers worked under was well drafted and protected the officers of low rank. The officers who protect this godforsaken City should be ashamed to read such remarks from the Police Commissioner. And he should be ashamed to utter them.
Posted by: freedomlaw | February 17, 2010 6:46 AM
why is commissioner bealefeld's home so important he is a police officer just like the guards that are detailed at his home send the officers back to there district to my knowledge no other commisioner had his home guarded
Posted by: Lou | February 17, 2010 7:51 AM
Officers are protected, "at-will" employees are not. All Police Commissioners have had police officers assigned to their house.
Posted by: Jane | February 17, 2010 10:06 AM
Lou, every police commissioner has had his home guarded. Commissioner Bealefeld isn't the first, or likely to be the last.
You're right, Andrew, at least recent history for sure. I don't see that changing and don't think most taxpayers or cops object, though I'm sure people will correct me if I'm wrong. -Justin
Posted by: Andrew B. Saller | February 17, 2010 8:49 PM