Grimaldi files suit against NCCo. Exec Gordon, County for Wrongful Termination, Civil Rights Violations
Former New Castle County Chief Administrative Officer David Grimaldi is suing New Castle County Executive Tom Gordon and the County for violations of the New Castle County Employee Protection Act, the Delaware Employee Protection Act, for violations of his civil rights (namely Freedom of Speech) under 42 U.S.C Section 1983, for Stigma-Plus Defamation under 42 U.S.C 1988, and for a declaratory judgment regarding violations of the Freedom of Information Act. The complaint, included below and filed yesterday, is an interesting read on several levels.
As you may recall, Grimaldi was fired by Gordon two months ago (with a classic “Fuck you Dave, you’re fired”) when Grimaldi allegedly confronted Gordon over the conduct of the county risk manager. In what later evolved into what I have gloriously named “Yankgate,” Gordon denied Grimaldi’s allegations and instead alleged that Grimaldi was fired for attempting to use his position with the county to get out of a ticket from an Elsmere police officer, an allegation that was later disproved when a dashcam recording of the traffic stop, as well as a recording of a phone call between Grimaldi and Elsmere Mayor Steve Burg, was released. In the recording, Burg instead offered to yank the ticket, and Grimaldi refused the offer.
In Grimaldi’s complaint, he alleges that “Gordon publicly misrepresented the circumstances of Grimaldi’s firing, telling the press he was fired for attempting to use his position to influence the outcome of a traffic stop.” More from WDEL:
The complaint further claimed Gordon has taken steps to retaliate against Grimaldi, like canceling his health insurance while he had pneumonia, offering him no severance, and failing to provide a post-termination hearing to clear his name of any alleged official misconduct. Grimaldi also claimed his First Amendment rights were threatened while on the job and that Gordon threatened members of his administration with being fired if they talked to Grimaldi.
Here is the entire complaint. And this is me:
I have to think he was an exempt employee and, as such, could be fired at any time w/o cause.
As to ‘falsely misrepresenting the reasons for his firing’, I may be wrong, but wasn’t it Grimaldi who first rushed to the press to blister Gordon, not the other way around? Would he hold Gordon to a greater standard of truthfulness than he must meet?
Lawsuit’s a waste of time. Except, of course, for popcorn potential.
Don’t scoff at popcorn potential. The real action would come in discovery, which is why a settlement will be reached — to ensure it doesn’t get to discovery.
If you read the petition, you will note that Grimaldi personally claims responsibility for every ‘accomplishment’ of the Gordon Administration.
This was a political appointment, the two sides could no longer get along, and Grimaldi was dismissed within proper scope of County Executive’s authority, IMHO.
Either Grimaldi’s looking for a cash settlement from the taxpayers, or he’s looking to rebuild his rep. Don’t think this suit is gonna do it.
So, Geezer, you think Grimaldi will be bailed out at taxpayer expense? Hope not, but you could well be correct.
Would Council have to sign off on that expense, or could Gordon just piss away the $$’s on his own?
reading the complaint, it sounds like history repeating itself. gordon may be in some serious trouble, if any of that is true
If history repeats itself, Gordon is teflon (or whatever Dow calls Teflon these days).
thefirstway: You’re right. There’s lots of juicy stuff in there, and Gordon’s got some ‘splainin’ to do.
However, an at-will employee can be fired at any time for no reason whatsoever. Grimaldi paints himself as the White Knight battling the corruption of Gordon. But Grimaldi wasn’t above pulling strings to keep himself out of trouble, or to gain favors unavailable to others. And whether or not it’s ‘customary’ to provide a severance package, payment for his leave and sick days is more than just compensation, IMHO.
Gotta admit, though, it’s gonna be a fun few months for people like me who think that Gordon has next to no ethics. Which, IMHO, is why he hired Grimaldi in the first place.
And I’ll tell you what. If Gordon tries to pay Grimaldi off with taxpayers’ money, it’s time to challenge the legality of that.
So, any ideas of possible viable primary challenger to rid us of the Gorden cancer killing our County?
Good question. Ciro Poppiti? John Cartier? Certainly not Chris Bullock, after reading the Grimaldi petition. Mike Purczyki (oops, already taken)?
I guess Poppiti would make the most sense if Gordon is really damaged here. He’s one of seven or so in the Lt. Gov race, he’s run successfully countywide. And the idea of someone as ethically amoral as Gordon winning again is too depressing to contemplate.
Delaware Dem, this is Rusty Dils. Serious question about comments. On some of my comments would it be ok for me to put my book website, http://www.zeropovertybook.com. ? I dont want to break any rules, or do something viewed as improper. This is a serious question
I think you’ve posted enough links on that book, Rusty. No need to post any more. Thanks
Pandora, are you Delaware Dem? I am not asking if I “need” to post my website anymore. As usual, as a liberal, you don’t understand the English language. I am asking Delaware Dem if on some of my comments I can post my zeropovertybook.com website. (There is a place for this under my email). I am looking for a simple yes or no answer from Delaware Dem
So much for that county surplus.
Yeah it will be entertaining but at the end of the day the attorney fees and settlement are coming out of taxpayers pockets.
Who is the unnamed Bullock primary challenger to which Grimaldi refers?
Karen Hartley Nagle is Bullockl’s primary opponent and considering the clumsy strong armed political threats, I would assume that he is more than concerned. Not very flattering behavior for a man of the cloth
Rusty, a couple of things.
1. I am not in charge. This blog is a collaboration. When Pandora tells you something about the rules, she speaks on behalf of all of Delaware Liberal. Same thing goes for Cassandra, Jason, and El Som.
2. It is appropriate to post a link like that in the Open Thread, since that is open to anything.
3. But, if you have posted that link repeatedly, that is defined as spamming the site. And we will delete the comment and perhaps, if you continue doing it, limit your posting abilities.
Ok, thanks, but then I still don’t understand why there is a place for website underneath my name and email. Why is that there?
Rusty, why don’t you use that space in the comment form? I’m pretty sure DL allows commenters to use that space for their personal websites. That’s what it’s for.
Puck, thanks, I am sorry I am not phrasing my question clearly. What I want to do from time to time, is show my website in that website space in the form, just on certain comments. That is what I am trying to get clariefied. Is that ok everyone?
That would be commercial spam or marketing, not to mention pathetic. While annoying, a few messages here and there are easy enough to ignore and not worth calling out the SWAT team. I think that is the spot you occupy now.
After reading the court pleading filed by grimaldi, the big question to be decided is who puts Gordon and his girlfriend in jail—the U.S/ Attorney or the State Attorney General. Bid rigging and job rigging are serious crimes that require thorough investigation and harsh punishment if public confidence in government is to be restored and maintained
Congratulations, Rusty. You have successfully hijacked this thread. Do what puck suggests. Use the space in the comment form so your name (Rusty Dils) becomes the link. When you hover over my name (or Delaware Dem’s, etc.) you’ll see it links to DL. No need to add a link to DL in our comments – which, btw, should always be about the post written.
That said, please stop hijacking threads with what really amounts to spam. Or, more clearly… stop linking to your book or website in the comment section of people’s posts. Thanks.
When David Finger [Grimaldi’s lawyer] brings a case, it usually means that no one else would take it.
@the godfather That’s my point as well. Those are serious accusations which could lead to criminal charges. A good deal of ink was given to the risk manager’s credentials, which should be easy to rebuff, if she graduated from college. If someone challenged your college degree, wouldn’t you immediately respond?
The fact that they haven’t replied to that and even blocked a request for her resume is very suspicious. That alone could be fraudulent.
Is anyone really surprised? Gordon has a “romantic relationship” with a woman in the government, who breaks the law, hires family, lies, bully’s and intimidates other county employees, with his full consent and support. HELLOOOO.
Some of the names may be different but the tactics are identical. Gordon is corrupt and has no business managing a candy store, let alone a government. The question is, who will take him (and us) out of his misery. I’d bet that even Christine O’Donnell could beat Gordon now.
The other question is when will the chicken shit County Council do there job and launch an investigation?
Here is the best quote from the news journal story –
“A jury will have to decide what actually happened, but we do have RECORDINGS and witnesses and expect to prevail,” Finger said.”
Soooo…what is Paul Clark doing these days?