A Calvert County Sheriff’s Office sergeant’s constitutional rights were not violated when he failed to receive a promotion and was reassigned last year, a circuit court judge ruled Wednesday, July 2.
Judge James P. Salmon presided over the show cause hearing in the civil action filed by F/Sgt. Matthew McDonough, who claimed he was passed over for promotion to lieutenant and subsequently transferred from head of the agency’s Drug Enforcement Unit to commander of the Twin Beaches Patrol. McDonough had claimed these moves were made in retaliation for his support of Craig Kontra, a sheriff’s office sergeant who is running against Sheriff Mike Evans [R] in the 2014 General Election. Evans was identified as the defendant in the case.
Under Maryland’s Law Enforcement Officers’ Bill of Rights a law enforcement officer cannot be subject to retaliation, that is, may not be discharged, disciplined, demoted or denied a promotion, transfer or reassignment for exercising constitutional rights. Under the statute, officers have the right to engage in political activity.
During his testimony, McDonough, a 22-year veteran with the Calvert County Sheriff’s Office, chronicled his career, which has been highlighted by playing a prominent role in major drug cases. McDonough noted he frequently worked with federal authorities on drug investigations.
“I was the drug expert for Calvert County,” McDonough stated. He also told the court he had always received above average evaluations.
McDonough had sought a promotion to lieutenant several times, the most recent attempt coming in 2013 when two slots became available. According to McDonough, the process for determining who would be promoted last year was changed from previous years, with the decision made solely by the agency’s command staff. Previous promotion processes had included a written test and scrutiny from personnel from other agencies.
When questioned by Evans’ attorney, Jason L. Levine, McDonough admitted he did not complain to the Fraternal Order of Police (FOP) about the promotion process.
During his testimony, Evans said the process was ‘modified” last year due to the pending retirement of Tom Hejl, Evans’ assistant sheriff, and the need to quickly backfill the lieutenants’ slots.
Evans also testified he had not heard rumors last spring that McDonough intended to support Kontra’s bid for sheriff.
As for McDonough’s transfer out of drug enforcement, Evans contended that decision was made based on a recommendation by supervising officers. The sheriff said the command change was part of an effort to give the agency’s Criminal Investigations Bureau some “new perspectiv
