Runnels v. Newell

• Decision Date: 28 March 2008
• Docket Number: No. 1374, Sept. Term, 2006.,1374, Sept. Term, 2006.
• Citation: 179 Md.App. 168,944 A.2d 1183
• Parties: Susan RUNNELS, et al. v. Jonathan G. NEWELL, et al.
• Court: Court of Special Appeals of Maryland

944 A.2d 1183

179 Md.App. 168

Susan RUNNELS, et al. v. Jonathan G. NEWELL, et al.

No. 1374, Sept. Term, 2006.

Court of Special Appeals of Maryland.

March 28, 2008.

Thomas X. Glancy, Jr. (Gordon, Feinblatt, Rothman, Hoffberger & Hollander, LLC, Deborah A. Jeon on the brief), Baltimore, for Appellant.

William F. Brockman, Linda S. Woolf (K. Nicole Nesbitt, Goodell, DeVries, Leech & Dann, LLP, Douglas F. Gansler, Atty. General on the brief), Baltimore, for Appellee.

Panel: SALMON, SHARER and WILLIAM W. WENNER (Ret., Specially Assigned), JJ.

SALMON, Judge.

In 2000 Robert Greenleaf was appointed State's Attorney for Caroline County, Maryland. He secured the Democratic nomination and ran for election for that job in November 2002. Of the ten employees of the Caroline County State's Attorney's office, three actively campaigned for Mr. Greenleaf, viz.: Susan Runnels, Marjorie Cooper, and Delores McBride, Esq., an Assistant State's Attorney. Mr. Greenleaf was defeated at the polls on November 5, 2002, by Jonathan G. Newell.

About five weeks after his election victory, Mr. Newell had a meeting with Ms. Runnels, Ms. Cooper, and Ms. McBride. He told the trio that they would be terminated when he took office as State's Attorney for Caroline County on January 6, 2003. Except for the three employees of the State's Attorney's Office who had supported Mr. Greenleaf's candidacy, no one else was terminated by Mr. Newell prior to his taking office.

Ms. Runnels and Ms. Cooper brought suit in the Circuit Court for Caroline County and requested a jury trial. The defendants were Mr. Newell, the County Commissioners for Caroline County, and the State of Maryland, The case was later removed to the Circuit Court for Worcester County.

In their complaint, which contained seven counts, the plaintiffs made two major allegations in Counts I-III. First, it was alleged that Mr. Newell deprived the plaintiffs of their rights (guaranteed by the First Amendment to the Constitution of the United States and by Article 40 of the Maryland Declaration of Rights to participate freely in political activities and to express their political views) when they were fired in retaliation for the political support they gave to Mr. Greenleaf. Second, the County. Commissioners for Caroline County and the State of Maryland were alleged to be liable jointly for Mr. Newell's illegal action in firing them in retaliation for their political activities.

The plaintiffs also alleged in their complaint that while they were employed at the State's Attorney's Office for Caroline County, they were required to work in excess of forty hours per week, but that, contrary to the Fair Labor Standards Act (FLSA) and certain Maryland wage and hour laws that correspond to the FLSA, they were not paid time and one-half for the hours they worked in excess of forty hours per week; instead they were given compensation time, meaning that they were granted leave equal to the amount of time they worked in excess of forty hours per week. According to plaintiffs, the County was liable for these statutory violations.

In response to the overtime issue, the County took the position that, even if the plaintiffs could show that they were unlawfully required to accept compensation time in lieu of time and one-half pay, it was not liable because it was not plaintiffs' employer within the meaning of the controlling statutes.

The motions judge granted the County's motion to dismiss portions of Counts I, II, and III. Subsequently, after extensive discovery, the motions judge granted summary judgment in favor of all defendants as to all counts. In this appeal, Ms. Runnels and Ms. Cooper argued that the trial judge erred in granting summary judgment against them.

I.

A. Facts Relevant to the Issue of Liability for the Termination of the Appellants¹

1. Marjorie Cooper

Christian J. Jenson commenced his term as State's Attorney for Caroline County in January of 1987. He served as State's Attorney until June of 2000, when he resigned. During Mr. Jenson's first year in office, he hired, as his first victim's witness coordinator ("VWC"), Marjorie Cooper. While performing that job, Ms. Cooper met expectations in each of her annual evaluations. She was selected as the VWC of the year for the State of Maryland near the end of Mr. Jenson's tenure as State's Attorney. In October 2001, Ms. Cooper became the senior District Court coordinator for the Caroline County State's Attorney's Office.

Ms. Cooper earned $14.58 per hour when she was fired. As the senior District Court coordinator, she did not report directly to the Caroline County State's Attorney; instead, she reported to the administrative coordinator, who, in turn, reported to the Deputy State's Attorney. The Deputy State's Attorney reported to the State's Attorney.

As senior District Court coordinator, Ms. Cooper's duties included reviewing dockets, pulling case files, subpoenaing witnesses, ordering documents, filing, and performing other tasks as directed by the attorney assigned to her cases. She also provided clerical support for prosecuting attorneys. In addition, Ms. Cooper served as the VWC for juvenile cases and occasionally filled in for other victim witness coordinators when they were absent.

2. Susan Runnels

In 2000, Mr. Greenleaf hired Ms. Runnels to be a District Court (assistant) VWC. Ms. Runnels performed her job well, as evidenced by the fact that she received a performance bonus from Caroline County in 2001. She was selected as the outstanding employee of the year for the Caroline County State's Attorney's office in 2002, the year in which she was fired.

Ms. Runnels enjoyed a good relationship with Mr. Newell until July 2002 when she agreed to work for Mr. Greenleaf's election. After Ms. Runnels commenced her campaign activities, Mr. Newell voiced a complaint to Donald Nagel, who was the chief of police for the Town of Federalsburg, Maryland, and is also the son-in-law of Ms. Runnels. According to an affidavit later filed by Mr. Nagel, on several occasions during the 2002 election campaign, Mr. Newell complained to him about Ms. Runnels' "open support for Mr. Greenleaf." "[Mr. Newell] told [Chief Nagel] on one or more occasions that Ms. Runnels `must not like her job very much' to the extent that she was openly supporting Greenleaf." During the campaign, Mr. Newell also wondered aloud to Chief Nagel "why Ms. Runnels would put herself in [such a] position because it could be bad if Greenleaf lost."

The job description for a VWC states that it involves "clerical work" that is to be performed'"as directed" and that is to be spot checked by his/her superior. No college or prior criminal justice experience is required.

The primary responsibilities of a VWC are two-fold: (1) to provide clerical support to prosecuting attorneys in connection with the criminal cases to which they are assigned and (2) to act as a liaison between the State's Attorney's office and crime victims. The trial-related responsibilities of the VWC include assisting the attorneys in the preparation of criminal informations, preparing subpoenas, scheduling meetings between witnesses and the prosecutor, advising witnesses and victims of changes in court dates, and confirming their attendance in court, calling witnesses to the courtroom during trial, and performing such other tasks as directed by the prosecutor assigned to the case. In the event that a VWC could not answer a victim's question, Ms. Runnels would schedule a meeting between the victim and the prosecuting attorney. A VWC is not permitted to give legal advice to victims, nor provide substantive input regarding a victim's testimony or the preparation of victim impact statements.

The VWC sits three rungs below the State's Attorney in the Caroline County State's Attorney's Office organizational chart, reporting to the administrative coordinator as opposed to the State's Attorney. A VWC, such as Ms. Runnels, is supervised by the Deputy State's Attorney or the Assistant State's Attorney prosecuting the case to which the VWC is assigned. When she was absent, the office receptionist frequently assumed her duties. Ms. Runnels earned $11.30 per hour at the time of her dismissal.

During her tenure as a VWC, Ms. Runnels served on a "Hot Spots" committee made up of persons interested in community crime prevention. The committee was comprised of representatives of law enforcement and social service agencies, including the mayor of Federalsburg and the Deputy State's Attorney. According to Ms. Runnels' affidavit, her committee work, for the most part, consisted of listening to the views of other committee members and taking notes. Ms. Runnels volunteered to participate in the crime-prevention program because she lived in the community that it served, not because it fell within her responsibilities as an employee of the Caroline County State's Attorney's Office.

3. Campaign Activities of the Appellants

Ms. Cooper had no official role in Mr. Greenleaf's 2002 campaign for election. She did, however, overtly support Mr. Greenleaf's candidacy. She posted a Greenleaf sign in her yard and wrote a letter, favorable to him, that was published during the campaign in a local newspaper. Prior to the election, she handed out Greenleaf pins and brochures and, on occasion, wore a Greenleaf campaign shirt and button. Additionally, on election day, November 5, 2002, Ms. Cooper distributed literature for Mr. Greenleaf at a polling place.

During her spare time, Ms. Runnels served as Greenleaf's campaign manager and treasurer for the 2002 election campaign. In this capacity, she helped Mr. Greenleaf develop and distribute campaign materials, wrote a letter to the editor of a local newspaper in which she espoused Mr. Greenleaf's candidacy, placed a Greenleaf campaign sign in her yard, and placed a Greenleaf bumper sticker on her car. Like Ms. Cooper, she also passed out Greenleaf campaign literature at a polling place on...