"This case requires us to consider whether there is an exception to the ordinary requirements of procedural due process when a government employee with a protected property interest in her job is dismissed as part of a departmental reorganization that results in the elimination of her position. We have not previously considered this so called “reorganization exception.” We hold that a reorganization exception to constitutional procedural due process cannot apply as a matter of law where, as here, there is a genuine factual dispute about whether the reorganization was pretext for an unlawful termination."
"Evidence of pretext included the following. Scomillio and [Executive John] Brown decided to reorganize the Solicitor’s Office shortly after Brown was elected County Executive in November 2013, even before he took office. Brown testified that when he asked Scomillio to consider a reorganization, Brown did not know what the budget of the Solicitor’s Office was and he did not have any personal knowledge of whether the office was running efficiently. Without any investigation, without asking Human Resources to conduct a desk audit to determine the volume of work, and without looking at solicitors offices in comparable counties, Scomillio recommended, based on his knowledge of who was on the staff of the Solicitor’s Office, that they shift the work of the full-time solicitors to part-time solicitors. Scomillio had experience with the individuals he planned to hire as part-time solicitors and he believed they would work more efficiently than the existing staff."