Eastern Correctional Institution v. Howe

658 A.2d 1182, 105 Md. App. 167, 1995 Md. App. LEXIS 104
CourtCourt of Special Appeals of Maryland
DecidedJune 2, 1995
DocketNo. 1373
StatusPublished
Cited by1 cases

This text of 658 A.2d 1182 (Eastern Correctional Institution v. Howe) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eastern Correctional Institution v. Howe, 658 A.2d 1182, 105 Md. App. 167, 1995 Md. App. LEXIS 104 (Md. Ct. App. 1995).

Opinion

CATHELL, Judge.

Appellant, Eastern Correctional Institution,1 appeals from the granting of Peter Michael Howe’s, appellee’s, motion to dismiss its administrative appeal by the Circuit Court for Somerset County (Long, J., presiding).

Appellant presents one question, which we rephrase as: Does the Commissioner of Correction lack the authority to impose direct disciplinary demotions on employees appointed by wardens of a particular correctional facility?

As the only issue before us relates to a matter of law, we briefly summarize the facts. Appellee, an employee of the Eastern Correctional Institution, was placed on probation before judgment in a criminal court proceeding for two criminal offenses. He promptly informed the warden of the institution. The warden then recommended (for reasons not pertinent here) that appellee not be demoted. The warden’s superior, the Commissioner of Correction, nevertheless recommended to the Secretary of Personnel that appellee be demoted. Appellee appealed and an administrative law judge held that the Commissioner lacked direct authority to recommend demotion and proposed to dismiss the demotion action. Exceptions to the administrative law judge’s proposed decision were taken by appellant. The Secretary’s properly designated official concluded; contrary to the ALJ’s proposed findings, that the Commissioner did have such authority and ordered that appellee be demoted. Appellee then appealed that decision to the circuit court. The trial court agreed with the ALJ that the Commissioner lacked direct authority to demote appellee and ordered that the decision of the Secretary of Personnel (her designee) “be ... reversed.” This appeal then ensued.

One of the determinative factors involves the meaning and effect of Maryland Code (1957, 1992 Repl.Vol., 1994 Cum. [170]*170Supp.), Art. 27 § 684(b)(2), which now provides in relevant part:

The warden or superintendent of each institution is the appointing officer for employees of that institution, and the Commissioner is the appointing officer for all other employees in the Department.

Subsection (b)(1) provides that

all officers and employees of the Department shall be appointed and removed ... in accordance with the provisions of the State Personnel Article that govern the classified service.

We shall shortly review the prior versions of this subsection to see if something other than what its clear language indicates was intended. First, we shall discuss the rules relating to statutory construction and then attempt to apply those lessons to the statutes here involved.

The Court noted in Motor Vehicle Admin. v. Seidel Chevrolet, Inc., 326 Md. 237, 248-49, 604 A.2d 473 (1992):

We have stated time and time again that the cardinal rule of statutory construction is to ascertain and effectuate legislative intent. In our quest to divine the Legislature’s intent, we have also explained:
“There is no doubt that the beginning point of statutory construction is the language of the statute itself.... When we look at the statutory language, we attempt to give effect to all the words in the statute. And sometimes it may not be necessary to go further than the scrutiny of statutory language, for the language itself may be sufficiently expressive of the legislative purpose or goal.
But our endeavor is always to seek out the legislative purpose, the general aim or policy, the ends to be accomplished, the evils to be redressed by a particular enactment. In the conduct of that enterprise, we are not limited to study of the statutory language. The plain meaning rule ‘“is not a complete, all-sufficient rule for ascertaining a legislative intention____”’ The ‘meaning of the plainest language’ is controlled by the context in which it appears. [171]*171Thus, we always are free to look at the context within which statutory language appears. Even when the words of a statute carry a definite meaning, we are not ‘precluded from consulting legislative history as part of the process of determining the legislative purpose or goal’ of the law.” [Citations omitted.]

See Ayres v. Townsend, 324 Md. 666, 672, 598 A.2d 470 (1991) (“[0]ur goal is to ascertain ... the intention of the legislature ____ [Unambiguous ... words will be accorded their ordinary meaning.” (citation omitted)); State v. Fabritz, 276 Md. 416, 421, 348 A.2d 275 (1975), cert. denied, 425 U.S. 942, 96 S.Ct. 1680, 48 L.Ed.2d 185 (1976) (“[T]he language of the statute ... constitutes the primary source for determining the legislative intent. Where there is no ambiguity or obscurity in the language of a statute, there is usually no need to look elsewhere to ascertain the intention.... ” (citations omitted.)).

[W]here statutory language is plain and free from ambiguity and expresses a definite and sensible meaning, courts are not at liberty to disregard the natural import of words with a view towards making the statute express an intention which is different from its plain meaning.

Id. at 421-22, 348 A.2d 275. See also Police Comm’r v. Dowling, 281 Md. 412, 418-20, 379 A.2d 1007 (1977), and Columbia Road Citizens’ Ass’n v. Montgomery County, 98 Md.App. 695, 702, 635 A.2d 30 (1994) (“[Statutes should be interpreted according to their plain language, ... all parts should be construed in harmony, as a whole.”). Compare Kaczorowski v. Mayor of Baltimore, 309 Md. 505, 525 A.2d 628 (1987); and State v. 149 Slot Machines, 310 Md. 356, 529 A.2d 817 (1987), where the Court held that slot machines were not included within a statutory phrase “any other gaming device.”

In construing the meaning of the language of Art. 27 § 684(b), we must first note that its correct interpretation is of additional importance in light of its relationship with the State Personnel and Pension Article provisions. We explain.

[172]*172Section 4-604 of the State Personnel and Pension Article authorizes appeals to the Secretary of Personnel in matters regarding the demotion of employees in the classified service. The statute requires that “[t]he appointing authority immediately shall enforce a final decision issued under this section.” § 4-604(e). COMAE 06.01.01.02.41A(5) states, in part, that “[t]he appointing authority shall enforce the decision.” That same regulation initially provides that “[a]n appointing authority may submit to the Secretary a written recommendation for the demotion.... ” COMAE 06.01.01.02.41A(1). It then provides “the ... authority shall enforce the decision.” COMAE 06.01.01.02.41A(5).

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Bluebook (online)
658 A.2d 1182, 105 Md. App. 167, 1995 Md. App. LEXIS 104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eastern-correctional-institution-v-howe-mdctspecapp-1995.