'Offensive' Sheriff to Resign After Investigation Found Abuse in Howard County Office

ELLICOTT CITY, MD — Heeding calls of local officials for his resignation, Sheriff James Fitzgerald will officially retire as of Oct. 15, 2016, according to one local lawmaker who worked on the negotiations.

Howard County Council Chair Calvin Ball said that he worked with Fitzgerald and the Howard County Office of Law to draw up a contract that would sidestep a lengthy impeachment process.

Citizens and elected officials demanded the immediate resignation of the sheriff after a report — finding that Fitzgerald was "offensive" and "abusive" to many, including those who are "female, black, gay, Asian or Jewish" — was released by the Howard County Office of Human Rights last month.

The human rights office compiled the report based on its extensive investigation into Fitzgerald after a lieutenant in the sheriff's office filed a complaint. Human rights officials determined the lieutenant had been subjected to a hostile, retaliatory work environment once Fitzgerald found out he supported neither his campaign nor discrimination in the workplace, according to the report, which was obtained by WBAL TV.

As part of the sheriff's retirement negotiations, that particular lieutenant's job — which he left in 2015 — will be reinstated and he will receive back pay, according to Ball, who issued a statement explaining the process. (Read it in full below.)

"Howard County deserves better from its leaders," Ball said. "Elected officials, community leaders, and everyday citizens must be ready and willing to struggle to achieve more to engage our diversity and have the difficult conversations."

The sheriff will not be paid to leave his post but will receive his pension, according to WBAL Radio, which reported that Maryland Gov. Larry Hogan will appoint his successor.

Pictured, Sheriff James Fitzgerald, courtesy of Maryland State Archives

See Also:

• Resign: 4 Howard County Executives to Sheriff James Fitzgerald
• Howard County Sheriff Says He Will Not Resign: Report

County Council Chair Calvin Ball issued this statement Tuesday on the sheriff's resignation:

"Responding to concerns about Sheriff Fitzgerald and allegations of discrimination, I have diligently worked with all parties to reach a resolution so that our community can begin healing. This wasn't just one call or conversation or press release. This was a difficult process. I believed from the instant the issue came to light that resignation was the only option, and I needed the Sheriff to see that as well. After extensive negotiations, I am pleased to announce the attorneys for all parties have shared with me that a conciliation agreement in principle has been reached. The County's Office of Law has advised that they anticipate a fully signed agreement by close of business today.

"The terms for the conciliation include, but not limited to:

• The Sheriff will immediately retire within 30 days;
• The Sheriff's last day in the office will be Saturday, October 15, 2016;
• Prior to resignation, the Sheriff will issue an order reinstating Mr. Gable to his prior position as Lieutenant at the Office of the Howard County Sheriff, effective Monday, October 17, 2016; and
• Payment in the sum of $58,350, to Mr. Gable, representing back pay for the period of February 9, 2016 to October 15, 2016 and reflect an annual merit increase that would have been earned on July 1, 2016.

"I appreciate the call for impeachment; however, this can be a lengthy process. Therefore, I began engaging in discussions with Mr. Fitzgerald, following the release of the Human Rights report, to discuss the voluntary conciliatory process, as outlined in our Howard County Code. I spoke with him about the pain of our community and how we needed to turn the page on this chapter of prejudice. The intent of actions and words is irrelevant in the face of such a horrendous impact.

"The ideals of diversity and inclusion that we promote in Howard County will never be fully realized if we avoid difficult conversations because they make us uncomfortable. Some hurtful things were said, things that I take quite personally as a black man with a beautiful black family.

"I thank everyone across the County who stood up, believing as I do, that our community should be a model for celebrating our diversity and actions like this cannot stand unchecked. Howard County deserves better from its leaders. I hope we can see this moment as a beginning and not an end. We will have a new Sheriff and we will still have so many issues within and around our community. This episode should show us that we cannot simply assume we are and will be #1. We cannot rest on our laurels.

"Elected officials, community leaders, and everyday citizens must be ready and willing to struggle to achieve more to engage our diversity and have the difficult conversations."