The Aftermath...
Part IV
Living with nothing

The only true investigation that ever occurred in relation to this claim was completed by Mrs. Cassandra Stewart, Director of Constituent Services for the Mayor of Baltimore City, Stephanie Rawlings Blake. In it she found that Firefighter Vaeth's rights were violated and she requested that he be reinstated to his duties by the Chief of Fire Department, who was then informed by the City Solicito's Office that he could not reinstate Firefighter Vaeth because he had a lawsuit filed against them. A copy of that email is also included in the evidence.

Newspaper articles that were published in the Baltimore Sun during the times relevant herein demonstrate the true motive and the intent of then Mayor of Baltimore City Martin O'Malley to "crackdown" on the abuse of injury leave time, or "A" time, by City employees. The Mayor began what was called the "Return to Work" initiative and it resulted in a 30% to 60% decline in "A" time abuses. City employees injuries were being investigated and for the first time, in 2000, they began keeping detailed statistics on "A" time in each City department. Those numbers were then fed into Citi-Stat, the City's new computerized statistics tracking system that was guiding Mayor O'Malley's efforts to make City government more efficient. [1] It is obvious that members of the fire and police departments became a statistic that was to be eliminated. Members were never placed into an “Attendance Monitoring Plan" for abusing leave time, as is provided for in the Manual of Procedures for the Baltimore City Fire Department that outlined the policies relating to, among other things, disciplining members for violating City employment rules.

On August 15, 2002, the Baltimore Sun reported that in a continuing push to privatize City services, the Baltimore City Board of Estimates hired a hospital and a management company yesterday (8-14-2002) to examine City Workers Compensation Claims. The contracts were awarded to Mercy Medical Center to operate the Public Safety Infirmary for $2 million dollars, and to Comp Management for $4 million dollars. These two companies had already been operating these services on behalf of the City long before 2002. Evidence shows that they were involved with the City of Baltimore, as far back as 1999, around the same time as Mayor O'Malley's "Return to Work" initiative began. The idea for privatizing the clinic stemmed from a May 2001 study by the Greater Baltimore Committee. A comment in the article from a Union official that represents City and State employees stated that, "It doesn't take a genius to know that private companies will make medical decisions based on the bottom line." City officials said that the deals would save the City money in large part because the contractors will do a better job of detecting fraud and getting injured employees back to work. These companies had an interest in reducing the numbers of suspected "A" time abusers, as they had to demonstrate that they could be successful at the objective of the Mayors "Return to Work" initiative before the City would award those companies contracts to perform those services in 2002. [2]

Another report by the Baltimore Sun on December 17, 2002, demonstrated that Comp Management made a mistake that created pay delays for City employees who were receiving Workers Compensation benefits. An AFSCME (American Federation of State and County Municipal Employees) said that his office received hundreds of complaints about missing checks, workers being forced back to work before they are treated and other problems since Comp Management and PSI were hired to save money. Mercy Hospital received $2 million dollars and Comp Management received $4 million dollars for those contracts as part of a plan to cut 42 City employees and close a City run health clinic for employees. The deal has been a nightmare, according to a City official. Mayor Martin O'Malley stated that, “These sort of growing pains and operational glitches are inevitable whenever you make a change. We will resolve the issues." [3] This case clearly demonstrates that those issues were not resolved.

As aforementioned, the scheme began after former Mayor Martin O'Malley's Chief of Staff, Michael Enright, made a surprise visit to the office that handled workers' compensation claims for city and school employees. In the article, it was reported that, "Most of the workers were missing, at lunch Michael R. Enright was told, although the hour was 2 p.m. There was paper everywhere," Enright said, "piled on desks and crammed into shelves, defying any organized filing system." And near the entrance hung a picture of the Mayor, former Mayor Kurt L. Schmoke, that is. [4]  Essential documents relating to Firefighter Vaeth's injury were in the custody of that office, because the claim was still open and the remainder of the closed file was in the custody of Comp Management for management of employee injury related incidents. The lack of supervisory control of the chain of custody of these records caused this information to be withheld from the hearing examiner and subsequently caused the misconduct to be perpetrated on the Court, as the incomplete medical record was introduced as evidence in this matter. The City Solicitor's Office, in concert with the F&PERS, sought to conceal this information rather than comply with the law regarding the submission of evidence and perpetrated a fraud on the court to cover up their incompetence and to further their fraud on the Court. Had the City Solicitor complied with the law, as an officer of the court is required to, the unlawful concealment would not have occurred and Firefighter Vaeth would not be seeking justice in such an extraordinary manner. He has asked for, on numerous occasions, the results of investigations that have been performed by any City agency upon the conclusion of the hearing before the F&PERS, which is mandated by the Baltimore City Code to ensure that fairness was upheld in the proceeding before the board, commission, or agency in which was before them or any other investigation undertaken, as a result. None of these request have been honored to this date. It can logically be assumed that the City Solicitor's fraud has infected any investigation that has been completed that involved obtaining any evidence from the City of Baltimore. As of this date, this information has not been provided to Firefighter Vaeth. As a result of the fraud, he has actively sought the assistance of the Maryland State's Attorney, the Maryland Attorney General, the FBI, and the US Department of Justice but has been refused without an investigation being performed.