Department of Public Safety & Correctional Services v. Howard

663 A.2d 74, 339 Md. 357, 1995 Md. LEXIS 109
CourtCourt of Appeals of Maryland
DecidedAugust 21, 1995
DocketNo. 15
StatusPublished
Cited by17 cases

This text of 663 A.2d 74 (Department of Public Safety & Correctional Services v. Howard) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Department of Public Safety & Correctional Services v. Howard, 663 A.2d 74, 339 Md. 357, 1995 Md. LEXIS 109 (Md. 1995).

Opinion

MURPHY, Chief Judge.

In this case, we must determine whether an agency’s removal of two correctional officers from state service was an arbitrary and capricious action.

I.

The General Assembly has prescribed that a classified service employee who has completed probation may be removed “only for cause.” Maryland Code (1993, 1994 Repl. Vol.), § 9-202 of the State Personnel and Pensions Article. The General Assembly has delegated to the Secretary of Personnel the responsibility to “adopt regulations that prescribe what may constitute cause for removal.” Id. § 9-203.

When an agency seeks to remove an employee it must file charges for removal with the Secretary of Personnel. Code of Maryland Regulations (COMAR) 06.01.01.48.A. An employee may “appeal” charges for removal to the Office of Administrative Hearings and receive a hearing before an administrative law judge (ALJ). COMAR 06.01.01.57, 06.01.01.61. The ALJ issues a “written proposal for decision,” which is subject to [360]*360approval by the Secretary of Personnel. Id. The employee may file exceptions to the-proposal with the Secretary and present oral argument on them. Id. The Secretary (or a designee of the Secretary) then issues a final decision. Id.

The final decision of the Secretary is subject to judicial review in a circuit court pursuant to Maryland Code (1984, 1993 Repl.Vol., 1994 Cum.Supp.), § 10-222 of the State Government Article, a section of the Administrative Procedure Act. When exercising such review, a circuit court may:

“(1) remand the case for further proceedings;
(2) affirm the final decision; or
(3) reverse or modify the decision if any substantial right of the petitioner may have been prejudiced because a finding, conclusion, or decision:
(i) is unconstitutional;
(ii) exceeds the statutory authority or jurisdiction of the final decision maker;
(iii) results from an unlawful procedure;
(iv) is affected by any other error of law;
(v) is unsupported by competent, material, and substantial evidence in light of the entire record as submitted; or
(vi) is arbitrary or capricious.”

§ 10-222(h). “A court’s role is limited to determining if there is substantial evidence in the record as a whole to support the agency’s findings and conclusions, and to determine if the administrative decision is premised upon an erroneous conclusion of law.” United Parcel v. People’s Counsel, 336 Md. 569, 577, 650 A.2d 226 (1994).

II.

On July 20,1991, Walter G. Howard and Brandon D. Taylor, correctional officers serving at Eastern Correctional Institution, were assigned to the visiting room. Taylor saw an inmate receive some chewing gum, which is contraband, from a visitor. Taylor called the inmate aside and ordered him to dispose of the gum. The inmate threw the gum, using an [361]*361overhand motion, into the waste basket. Taylor again called the inmate aside and asked if he had an “attitude.” Taylor then took the inmate to another room and told him that the gum was contraband and that, because he received the gum, his visiting privileges could be cancelled for six months. Taylor informed Lieutenant Vanessa Ward about the contraband and she, in turn, notified Captain Timothy McNeil, who approved terminating the inmate’s visit. Ward directed Taylor and Howard to strip search the inmate and then return him to his cell.

Taylor and Howard took the inmate to a search room. While there, the inmate touched a patch on Taylor’s sleeve. Taylor responded by pushing the inmate twice against the wall. Howard watched as this happened.

Ward recalled that she heard the inmate yelling for help and then saw Taylor and Howard leave the room grinning. She inquired of them what had happened and they both responded, “The inmate is crazy.” Taylor and Howard did not fully complete the strip search, although the inmate had removed his clothes.

Ward went into the search room, and the inmate told her that he had been assaulted. Before Ward entered the room, Taylor and Howard neither informed her that they had not completed the strip search nor that the inmate had assaulted Taylor.

Ward later attempted to inform Taylor of the inmate’s allegation of assault. Taylor, however, interrupted her and walked away. He was then relieved of his post. Subsequently, in Ward’s office, Ward informed Taylor of the inmate’s allegation and “counseled” him for his previous insubordination.

Taylor and Howard submitted official reports concerning the incident, in which they failed to mention that the strip search was not fully completed and that Taylor pushed the inmate against the wall. Taylor wrote two Notices of Infraction, charging the inmate with insolence, possession of contraband, disobeying a direct order, and assault. At an adjust[362]*362ment hearing concerning these charges, on July 24, 1991, the inmate was found guilty of insolence and possession of contraband, but not guilty of assault and disobeying a direct order.1

On July 26, 1991, Security Chief Ralph Logan held suspension hearings for Howard and Taylor.2 The hearings, held separately, focused on the officers’ failure to properly perform a strip search, failure to secure the inmate after the inmate had allegedly assaulted Taylor, and failure to warn Lieutenant Ward that the inmate had been assaultive before she entered the strip search room. Both officers were suspended for three days for a second category infraction described as “[ijnattentiveness or negligence in the performance of duty by an employee directly responsible for the custody of inmates.” DCR 50-2.III.E.2.a.19. Specifically, Logan found that the officers had violated DCR 50-2.II.J., which states:

“An employee of the Agency shall be responsible for his/her own actions as well as the proper performance of his/her duties. An employee shall perform his/her duties in a manner which will maintain the highest standards of efficiency in carrying out the functions and objectives of the Agency in accordance with established policies and procedures. Unsatisfactory performance may be demonstrated by a lack of knowledge, unwillingness or inability to perform assigned tasks, failure to conform to work standards established for the member’s rank, grade, or position, or failure to take appropriate action to ensure compliance with Agency regulations.”

At the hearing, Lieutenant Ward, in the course of relating the general sequence of events, mentioned the inmate’s allegation of assault. The record, however, does not reflect any attempt to substantiate or investigate the allegation at that [363]*363time. Rather, it reveals that on the day before the hearings, Warden Taylor referred the incident to the Investigative Unit, where the case was assigned to Corporal Harry Edwards of the Maryland State Police.3

Edwards began his investigation on July 26, 1991, by speaking to Howard and attending Howard’s suspension hearing. Also on that day, he interviewed the inmate concerning the incident.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

108OAG64
Maryland Attorney General Reports, 2023
Maryland Attorney General Opinion 108OAG64
Maryland Attorney General Reports, 2023
Balt. City Detention Ctr. v. Foy
197 A.3d 1 (Court of Appeals of Maryland, 2018)
Baltimore Police Dept. v. Antonin
185 A.3d 811 (Court of Special Appeals of Maryland, 2018)
Turney v. Civil Service Commission
222 P.3d 343 (Colorado Court of Appeals, 2009)
Maryland Aviation Administration v. Noland
873 A.2d 1145 (Court of Appeals of Maryland, 2005)
Pollock v. Patuxent Institution Board of Review
823 A.2d 626 (Court of Appeals of Maryland, 2003)
Jordan Towing, Inc. v. Hebbville Auto Repair, Inc.
800 A.2d 768 (Court of Appeals of Maryland, 2002)
Maryland Transportation Authority v. King
799 A.2d 1246 (Court of Appeals of Maryland, 2002)
Smack v. Department of Health & Mental Hygiene
759 A.2d 1209 (Court of Special Appeals of Maryland, 2000)
Western Correctional Institution v. Geiger
747 A.2d 697 (Court of Special Appeals of Maryland, 2000)
Montgomery County v. Krieger
678 A.2d 621 (Court of Special Appeals of Maryland, 1996)
Baltimore County v. Wesley Chapel Bluemount Ass'n
678 A.2d 100 (Court of Special Appeals of Maryland, 1996)
Enterprise Leasing Co. v. Allstate Insurance
671 A.2d 509 (Court of Appeals of Maryland, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
663 A.2d 74, 339 Md. 357, 1995 Md. LEXIS 109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-public-safety-correctional-services-v-howard-md-1995.