Chesek v. Jones

959 A.2d 795, 406 Md. 446, 2008 Md. LEXIS 609
Court of Appeals of Maryland·Decided November 6, 2008·No. 117, September Term, 2007·Published·Cited by 51 cases

Opinions

IRMA S. RAKER, J.,

Retired, Specially Assigned.

The question presented in these consolidated cases1 is whether a Special Committee, formed by the Legislative Policy Committee pursuant to Maryland Code (1984, 2004 Repl. Vol.), § 2-407 of the State Government Article, possesses subpoena power in the course of its duties. Appellants Craig Chesek and Gregory Maddalone challenge the authority of the Special Committee to subpoena and compel testimony. Appellee Adrienne Jones, co-chair of the Special Committee, argues that the subpoena action was valid. We shall hold that the provision granting the Legislative Policy Committee the authority to appoint a special committee in § 2-407(b)(3) of the State Government Article2 necessarily carries with it the implied power to delegate subpoena power.

I.

A.

The Legislative Policy Committee is a bi-partisan committee of the Maryland General Assembly established by statute under § § 2-401 to 410. Pursuant to subsection 2-407(a), the purpose of the Legislative Policy Committee is to fulfill the following functions:

“(a) In general. — The Committee has the following functions:
(1) to review the work of the standing committees;
[451] (2) to collect information about the government and general welfare of the State;
(3) to study the operation of and recommend changes in the Constitution, statutes, and common law of the State;
(4) to study the rules and procedures of the Senate and the House and recommend changes that would improve and expedite the consideration of legislation by the General Assembly;
(5) to coordinate and supervise generally the work of the General Assembly when it is not in session;
(6) to prepare or endorse a legislative program that includes the bills, resolutions, or other recommendations of the Committee that are to be presented to the General Assembly at its next session; and
(7) to carry out its powers and duties under the Maryland Program Evaluation Act.”

To carry out the expansive duties with which the Legislative Policy Committee is entrusted under § 2-407(a), the Legislative Policy Committee is granted extensive powers under § 2-407(b), including the power to appoint a special committee under section 2-407(b)(3). The power of the Legislative Policy Committee is set forth as follows:

“(b) Powers and duties. — To carry out its functions, the Committee:
(1) shall receive, from any source, suggestions for legislation or investigation;
(2) may hold a hearing on any matter;
(3) may appoint a special committee;
(4) may refer a matter for study and report to any of its special committees or any committee of the General Assembly;
(5) shall consider the reports of standing, statutory, and special committees;
(6) may have any bill or resolution prepared to carry out its recommendations; and
(7) when the General Assembly is not in session:
[452] (i) may accept a gift or grant of money ...; and
(ii) may spend the money for that purpose, in accordance with the State budget.”

§ 2-407(b) (emphasis added).3

The Legislative Policy Committee may compel testimony, depose witnesses, and issue subpoenas under § 2-408, and may enforce compliance with such subpoenas by petitioning the circuit court. The powers granted in section 2-408(a) are set forth as follows:

“(a) Authorized. — In carrying out any of its functions or powers, the Committee may:
(1) issue subpoenas;
(2) compel the attendance of witnesses;
(3) compel the production of any papers, books, accounts, documents, and testimony;
(4) administer oaths; and
(5) cause the depositions of witnesses, who reside in or outside of the State, to be taken in the manner provided by law for taking depositions in a civil case.”

Section 2-408(b) then provides for enforcement of the subpoena power in the circuit courts of Maryland.4

[453] B.

In 2005, the Maryland General Assembly, through the Legislative Policy Committee, began an investigation into the alleged wrongful political firings of employees within various state agencies during Governor Ehrlich’s administration. In June 2005, the Legislative Policy Committee created a twelve-member Special Committee on State Employees’ Rights and Protections to examine procedures, practices, and standards pertaining to the involuntary separation of state employees. The Legislative Policy Committee tasked the Special Committee with investigating:

“1. (a) Whether Maryland law affords sufficient protection for State personnel against involuntary separations for illegal or unconstitutional reasons; and
(b) Whether the government structure and procedures for decision making with respect to involuntary separations sufficiently protect State personnel from illegal or unconstitutional actions;
“2. (a) Whether the manner in which Administrations have determined the subjects of involuntary separations and effected such separations is fundamentally fair and consistent with best practices for personnel management; and
(b) What effect involuntary separations have on the overall quality and professional standards of the State government workforce; and
“3. Whether additional statutory protections are needed to safeguard the rights of state personnel.... ”

Legis. Policy Comm. Res. (Md. 2005). In the resolution establishing the Special Committee, the Legislative Policy Committee expressly delegated all of its powers under § 2-408, stating in relevant part as follows:

“[B]e it further resolved ... That the Special Committee is delegated the powers of the Legislative Policy Committee (LPC) under § 2-408 of the State Government Article.”

Id. The powers delegated under § 2-408 include the Legislative Policy Committee’s subpoena power, as listed in 2-408(a).

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Chesek v. Jones, 959 A.2d 795, 406 Md. 446, 2008 Md. LEXIS 609 (Md. 2008).

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