Baltimore City Officials Claim Baltimore City Police Are Not City Employees

BALTIMORE —Baltimore City officials have denied a claim by a woman whose dog had its throat cut, arguing city police officers aren't city employees.

While the courts sort out the criminal animal cruelty case, the WBAL-TV 11 News I-Team has learned the dog's owner has run into a surprising argument from the city.

Nala, a 7-year-old shar-pei, died last summer when police responded to a call of a dog who had bitten a woman on her hand. Police used a pole to control the dog while Officer Jeffery Bolger allegedly cut its throat.

In December, the dog's owner, Sarah Gossard, filed a claim for damages against the city, naming the police officers allegedly involved and the police commissioner. Her lawyer, Tony Depastina, said it's not about the money.

"The point of the claim is to effectuate changes in policy in the Baltimore City Police Department when dealing with these potential type of situations," Depastina said.

Depastina expected he might get a fight from the city, but he didn't expect the argument being used.

In a letter, a city lawyer writes: "The conduct alleged does not involve an employee of the mayor and City Council. For that reason, we do not believe the city has and legal responsibility."

"I don't know how else you can put that. 'Baltimore City police officers are not city employees.' My understanding is the commissioner reports to the mayor and City Council of Baltimore. They do regular briefings with the mayor and City Council of Baltimore. But the way I read this letter is they are not employees of the mayor and City Council of Baltimore. Who are they employees of?" Depastina said.

[...]Late Tuesday afternoon, Baltimore City Solicitor George Nilson said the letter the city sent claiming officers aren't city employees is just "lawyerspeak" because technically, he said, the city Police Department is a state agency but the city pays for it. When asked if the city was trying to give the owner of the dog the runaround, Nilson then said the city will accept responsibility in this case and make good. A meeting is set for Friday.