Recorder of Deeds employees who are whistleblowers have the right to sue if we are retaliated against. We can sue for retaliation against reporting wrongdoing and violations of law or public policy. We can sue for retaliation against refusal to perform an illegal act or act contrary to public policy.
Recorder of Deeds employees are not at-will employees. We can be fired for cause and only cause. Sharon Carpenter is not coming back to power and punishing everyone who did not remain “loyal” to her. She can try, but she won’t win. And it will be very costly for her.
Recorder employees cannot be fired for our politics. Not yet anyway.
There are court cases that speak to this right of ours to have a political life of our own and not be political indentured servants.
In the 1980 Branti v. Finkel case, Democrat Peter Branti Jr. was appointed Public Defender by the Rockland County Legislature (New York), replacing a Republican. Two Assistant Public Defenders, Republicans, believed they were about to be fired because of their political affiliations and brought suit for an injunction against dismissal. The U.S. Supreme Court ruled, again, that firing non-policymaking employees because of their politics was a violation of their First Amendment rights. The Court also said it would be acceptable to fire a policy-making employee for his political beliefs only if those beliefs interfered with discharge of duties.
Recorder employees do not have to donate to any candidate or ward organization.
Recorder employees have political rights. In fact, it’s in our Recorder of Deeds Personnel Manual as amended by Recorder Jennifer Florida.
Sharon Carpenter is not going to come back and restore the patronage system to the human chattel institution it was under her tenure. She can try, but she can’t win. And it will be very costly for her.