Wineland v. County Commissioners of Dorchester County

892 F. Supp. 719, 2 Wage & Hour Cas. (BNA) 1269, 1995 U.S. Dist. LEXIS 9725, 1995 WL 444145
CourtDistrict Court, D. Maryland
DecidedMay 5, 1995
DocketCiv. No. K-94-2512
StatusPublished
Cited by1 cases

This text of 892 F. Supp. 719 (Wineland v. County Commissioners of Dorchester County) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wineland v. County Commissioners of Dorchester County, 892 F. Supp. 719, 2 Wage & Hour Cas. (BNA) 1269, 1995 U.S. Dist. LEXIS 9725, 1995 WL 444145 (D. Md. 1995).

Opinion

MEMORANDUM AND ORDER

FRANK A. KAUFMAN, Senior District Judge.

(1) Reference is made to defendants’ motion to dismiss; this Court’s November 16, 1994 Memorandum and Order; this Court’s February 17, 1995 Memorandum to Counsel; and to all other filings in this case.

(2) Plaintiff, David Alan Wineland (“Wine-land”), is a citizen of Tennessee. Defendants, County Commissioners of Dorchester County (“Commissioners”), are officers of a political subdivision created under Article 25 of the Annotated Code of Maryland, namely of Dorchester County, Maryland. Defendant, Dorchester County Recreation and Parks Board (“Board”), is an agency created by Commissioners, and exists under the Dor-chester County Code. Jurisdiction in this Court, therefore, is appropriate under 28 U.S.C. § 1332.1

(3) Wineland filed a four (4) count complaint alleging that 1) defendants unconstitutionally removed him from his job without due process; 2) defendants violated the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq. by failing to pay him overtime; 3) defendants invaded his privacy by holding a public hearing during which personnel matters were discussed; and 4) defendants interfered with his pension rights as guaranteed by ERISA, 29 U.S.C. § 1140. On November 16, 1994, this Court, in a Memorandum and Order, granted defendants’ motion to dismiss Count IV of the complaint. Therefore, only counts I, II and III remain before this Court.

(4) Wineland was employed, on a year-to-year contract basis, as the director of recreation and parks from April, 1986 through October 1992.2 During his tenure in that position, he was “charged with the general organization, administration and supervision of the programs of public recreation.... ” Dorchester Country Code § 37-3. By way of example but not by way of limitation, the duties required by plaintiffs position were: oversight of departmental programs for the public; development of the annual budget; oversight of the department’s maintenance program; hiring and firing authority; coordination of development and use of recreational facilities for the public.3 Further, during defendant Board’s May 1991 meeting, six specific tasks were assigned to Wineland.4 In April, 1992, defendant Board met again and recommended that plaintiff not be reappointed due to his failure to meet the performance goals set forth during the aforementioned May 1991 meeting. On April 13,1992, the Board sent Wineland a copy of its decision.5 Wineland’s attorney responded on April 22, 1992, requesting a review of the facts and circumstances leading to the [721]*721Board’s decision.6 On August 20, 1992, the Board sent Wineland a letter describing the reasons for his termination. The letter stated that his termination would be effective September 30, 1992.7 Wineland requested an opportunity to meet with the Board in order to negotiate a severance agreement.8 Whole a meeting was held on September 14, 1992, no agreement was reached. On October 14, 1992, Wineland and his counsel were each notified that a hearing, regarding the proposed termination would take place on October 20, 1992 before the Commissioners. The notice which counsel received stated that Wineland would continue to be employed pending the Commissioners’ decision.9 On October 20, 1992, the Commissioners held a public meeting, as required by Annot.Code of Md. Art. 25, § 5, at which Wineland’s proposed termination was discussed. While Wineland complains that he was not informed of his right to call witnesses, the minutes clearly indicate that Wineland was allowed to, and in fact did, cross-examine those witnesses who were called to testify in favor of his termination.10 Additionally, during the hearing, Wineland was represented by counsel. Said counsel made both opening and closing arguments and called upon Wine-land to testify so that he could present his version of the facts.11 Following the hearing, the Commissioners voted to terminate Wine-land.

(5) This Court, in its aforementioned November 16, 1994 Memorandum and Order, notified the parties that it would treat defendants’ motion to dismiss as a motion for summary judgment. Accordingly, the parties were directed to submit materials for this Court to consider in proper Rule 56 form. A party is entitled to summary judgment provided that there is no genuine issue of material fact. Fed.R.Civ.P. 56; Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 5.Ct. 2505, 2514, 91 L.Ed.2d 202 (1986). Under the applicable standards, the nonmoving party is entitled to have “all reasonable inferences ... drawn in [its] respective favor.” Felty v. Graves-Humphreys Co., 818 F.2d 1126, 1129 (4th Cir.1987). The party resisting summary judgment bears the burden to “go beyond the pleadings and by [its] own affidavits, and admissions on file, designate specific facts showing that there is a genuine issue for trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986).

(6) In Count I, Wineland alleges that defendants unconstitutionally removed him from his job. In order to establish that he was unconstitutionally terminated, plaintiff must show that he had a property interest in his position. Board of Regents v. Roth, 408 U.S. 564, 569, 92 S.Ct. 2701, 2705, 33 L.Ed.2d 548 (1972); Leese v. Baltimore County, 64 Md.App. 442, 456-63, 497 A.2d 159, cert. denied 305 Md. 106, 501 A.2d 845 (1985). To establish such a property interest, a plaintiff must show that specific rules or “mutually explicit understandings” exist which provide job security. Perry v. Sindermann, 408 U.S. 593, 601, 92 S.Ct. 2694, 2699, 33 L.Ed.2d 570 (1972). Additionally, a government employee can establish a property interest in a job by showing a “guarantee of continued employment or promotion.” Leese at 457, 497 A.2d 159. Absent such proof, an employee is assumed to be at-will. Leese at 457, 497 A.2d 159; Elliott v. Kupferman, 58 Md.App. 510, 520, 473 A.2d 960 (1984).

In the instant ease, it is clear that plaintiff held a series of one year contracts, which, apart from the first contract, ran from July 1 to June 30.

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892 F. Supp. 719, 2 Wage & Hour Cas. (BNA) 1269, 1995 U.S. Dist. LEXIS 9725, 1995 WL 444145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wineland-v-county-commissioners-of-dorchester-county-mdd-1995.