If You File a Lawsuit, You Must Be Right, Right?

The Free Press August 12, 2004

Patrick Murphy is back in the news. And he's coming out swinging. No more mister nice guy.

In our great land, where anyone can sue anyone over anything, the lawsuit has become our way of saving face. No matter what you have said, or done, filing a lawsuit - any lawsuit - allows you to chant those magic all-redeeming words "I'm suing them". And then everyone will believe your side of things. You hope.

After all, anyone who files a lawsuit must be right, right?

Murphy has been a busy man lately. When we last heard from him, in June, he was creating a mailing to residents of Hunters Crossing incorrectly intimating that Richland Township could withhold developer Americorp's escrow to pay for problems not covered by that fund. The township had to send out over 100 corrective letters, at taxpayer time and expense.

Now Murphy has filed suit against the township supervisors in federal court, alleging that his civil rights were violated when he was fired as Emergency Management Coordinator last year. He claims that only the Governor had the power to remove him. He wants his job back.

And he wants big bucks. From you.

This is not Murphy's first try at forcing his way back into Richland politics. He originally took his case to the Court of Public Opinion. He came to township meetings to challenge the supervisors' right to sack him. No dice. He wrote a letter to The Free Press claiming that he had the support of local emergency personnel, but not one of eight top men in the group would back him.

He then wrote letters directly to fellow Democrat Governor Ed Rendell trying enlist his help. Pat even paid to have those letters printed in The Free Press. Rendell never answered him directly. But the Guv did take action. He appointed Jim Smith as the new EMC. So much for Pat's claim.

Two local newspapers have written editorials criticizing Murphy's actions and tactics. Bucks County's emergency management office refused to recognize him as EMC, and stated that Richland was within it's rights to replace him.

Finally, Murphy tried to strike back at supervisor Steve Tamburri by filing a complaint with the County Board of Elections over an incident at the polls last November. The actual parties to the altercation didn't complain. Nor did the candidates. Nor the representatives of the political parties. Murphy didn't even witness anything himself, but that didn't stop him from acting.

No one, except maybe Pat, was surprised when the Election Board threw out his complaint.

That brings his record to oh-for-the-year. And Pat doesn't take defeat lying down. Several months ago, one of his former schoolmates sent me an email saying that no matter how much Pat is beaten down, he will never give up. So it's now on to federal court. At least for the moment.

The key to this matter is Article VI, Section 7, of the Pennsylvania Constitution, which deals with removal of appointed officials. "Appointed civil officers, other than judges of the courts of record, may be removed at the pleasure of the power by which they shall have been appointed." No reason necessary. Murphy was not elected. He was an appointed volunteer, serving "at the pleasure...". According to the Constitution, he's history.

It is important to understand that this lawsuit is a total contradiction of Pat's prior position. He has always maintained that he could only be removed by the Governor. Rendell did just that, appointing a new EMC. But Murphy is suing the Richland supervisors! The very people who he declared could not fire him. He demands that they give him his job back! And that Richland taxpayers pay his "damages".

Now he's faced with making a case in court that will totally repudiate his public statements. It might be fun to sit in the courtroom the day he is asked to explain his flip-flop under oath. And why he didn't sue his pal the Governor, too.

There is a good reason why Pat chose federal rather than state court, and it demonstrates just how weak his case really is. The appointment, and tenure, of local and state officials is clearly and unambiguously a local or state matter. If Pat had brought his suit in Pennsylvania's courts, he would have lost immediately because of the wording of Article VI, Section 7.

But by claiming that his civil rights were violated, a federal matter, he gets his foot in the back door. Expect that door to be slammed shut. Courts have been very hesitant to allow the "violation of civil rights" claim as a way of avoiding state laws. It has been permitted in such monumental issues as the slaying of civil rights workers in Mississippi in the 1960's. Though Murphy may see himself as the same type of victim, don't expect a federal judge to agree.

Political history also says that his argument will fail. Just ask any incumbent party that loses an election. Dozens, hundreds, maybe thousands, of loyal employees are replaced by supporters of the new administration. Good workers are out on the street. Solely because of their politics.

And, of course, there are Pat's reported public statements about hesitating to respond to a potential call to the irradiator in Milford. Local emergency personnel immediately made it clear that they did not share his feelings, and stressed that Murphy should not even have addressed the issue. Forcing a township to have an unwanted EMC, who must inspire absolute faith in a life-and-death situation, could be a potential disaster.

I predicted many months ago that Governer Rendell would not touch Murphy's plea with a ten foot pole. He didn't. Pat won't get any further with the courts.

But win or lose, Patrick Murphy has continued to be very successful in one area: keeping his name in the news.