Fraternal Order of Police Lodge 102, which represents the deputies of the Frederick County Sheriff's Office, plans to fight Sheriff Chuck Jenkins' moonlighting policy in court.Set to take effect Sunday, the policy prohibits the county's roughly 175 deputies from wearing their sheriff's office uniforms or having their patrol vehicles with them while doing secondary security jobs, practices that have been permitted for more than a dozen years.
The decision to take legal action occurred Thursday night during a special meeting in Middletown called by FOP President William Folden to discuss the new policy.
"After full deliberations, a motion was made to undertake all necessary legal action to prevent the new policy from staying in effect," Patrick J. McAndrew, the FOP's lawyer, said Friday.
The decision was unanimous among the 34 deputies who voted, McAndrew said. Two of 36 deputies who attended the meeting abstained.
Deputies who do secondary employment did not sway the vote. Of 28 deputies who participate in secondary employment, five attended the 2 1/2-hour meeting, McAndrew said.
Deputies' greatest concern centered around the safety of the community and the deputies.
"Because the uniformed deputy with a marked car provides such a beneficial resource, especially in backup situations, rather than wait until someone got hurt or killed because of the policy, the deputies decided to carry the matter forward now," McAndrew said.
On Friday night, Jenkins said he had heard third-hand that a vote was held and the FOP decided to go forward with legal action.
"No one came by and notified me, and that's not good," Jenkins said. "That right there shows no respect for the office of sheriff."
Jenkins is steadfast in his decision to end the practice of allowing uniforms and cars for secondary employment.
His reason for changing the policy is to save taxpayers' money, he said, citing increased fuel costs and wear and tear on the uniforms and vehicles.
The sheriff said he's received favorable comments from the public on the street and over the phone.
Before changing the policy, Jenkins had the state attorney general's office and the county attorney's office sign off on it.
"This was not done off-the-cuff, and it will not affect public safety," he said. "I think anyone who knows me knows me well enough to know that if I thought it would affect public safety, I wouldn't do it."
McAndrew said the sheriff has clarified his stance about firearms. At first, Jenkins said he wanted deputies working other jobs to keep their guns covered, which deputies believe puts them in jeopardy.
"He now has taken the position that deputies may have their guns and utility belts exposed," the FOP lawyer said.
Jenkins said that clarification was made.
McAndrew has not decided whether a lawsuit will be filed in U.S. District Court in Baltimore or in Frederick County Circuit Court.
"All legal issues are being explored and will move forward as soon as is practical," he said.
Deputies did not want to become embroiled in a legal battle with their boss, but have chosen to do so after many attempts at reaching a compromise failed.
"On some evenings, five uniformed deputies working secondary employment can be equal to or greater than those working their regular shift," McAndrew said.
"As the largest land mass county in the state, Frederick County can substantially supplement its uniformed deputies on the street by allowing those performing secondary employment to respond as backup," he said.
At 2:10 a.m. Friday, about five hours after those attending the FOP meeting voted, an off-duty deputy working security at Westview Promenade on Buckeystown Pike assisted the Frederick Police Department with a pursuit of a vehicle that almost hit one of its cruisers.
"No question that happens, that we back up (other agencies)," Jenkins said. "Does it happen every night? No."
Jenkins bristled at a statement made by Folden two weeks ago that the policy change would make Frederick County the only sheriff's office in Maryland to prohibit uniforms and marked cars for secondary jobs.
The statement was incorrect, McAndrew acknowledged.
Two other rural agencies have policies similar to the one Jenkins is implementing, the lawyer said.
Jenkins believes the number is closer to seven.
"The leadership and legal counsel of the FOP is misguiding the deputies as they put their spin on things about public safety to gain public support," Jenkins said.
"The FOP is trying to back me into a corner, and it's not going to work. It's a shame that the county will have to waste resources in a frivolous lawsuit."
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