Maryland State Department of Public Safety & Correctional Services v. Bailey

619 A.2d 176, 95 Md. App. 12, 1993 Md. App. LEXIS 35, 143 L.R.R.M. (BNA) 2353
CourtCourt of Special Appeals of Maryland
DecidedJanuary 29, 1993
DocketNo. 637
StatusPublished
Cited by2 cases

This text of 619 A.2d 176 (Maryland State Department of Public Safety & Correctional Services v. Bailey) 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
Maryland State Department of Public Safety & Correctional Services v. Bailey, 619 A.2d 176, 95 Md. App. 12, 1993 Md. App. LEXIS 35, 143 L.R.R.M. (BNA) 2353 (Md. Ct. App. 1993).

Opinion

CATHELL, Judge.

The Maryland State Department of Public Safety and Correctional Services (hereinafter “DPSCS”), appellant, appeals from an order of the Circuit Court of Baltimore County, permitting Ronnie Bailey, appellee, a supervisory [15]*15employee of the Division of Correction (hereinafter “DOC”), to represent employees who are not under appellee’s direct supervision in grievance procedures where no alleged conflict of interest exists. Appellant raises three issues for our review:

I. Whether the circuit court incorrectly ruled that the administrative law judge’s decision was based on an error of law.
II. Whether the decision of the administrative law judge was supported by substantial evidence.
III. Whether the decision of the administrative law judge was arbitrary or capricious.

Appellee presents one issue for our determination:

IV. Whether the circuit court was correct in finding that appellee’s First Amendment rights were not affected by the administrative law judge’s order.

Facts

Appellee is a Correctional Officer IV, a Lieutenant, at the Brockridge Correctional Facility. After his promotion to a Correctional Officer IV,1 appellee became a manager and [16]*16supervisor of lower-level correctional officers. When appellee was a Correctional Officer III,2 he did not have any management responsibilities. At that time, he represented employees in grievance proceedings within the DOC. The DOC is a division within the DPSCS.

After assuming a management-level position as a Correctional Officer IV, appellee volunteered to cease representation of aggrieved employees of the Brockridge facility. He did, however, wish to continue representing employees who were not working in that facility and where such representation did not directly cause a conflict of interest.

The DOC did not agree with appellee’s wishes, and a conference took place between appellee, appellee’s shift commander, and the Assistant Warden of Brockridge, William Filbert. Filbert advised appellee in a follow-up memo to the conference that “supervisors may not represent employees at grievance, suspension appeal, or discharge hearings. That decision is based on three Declaratory Rulings issued by the [DOP].” Filbert’s advice was based on a memo from Larry Anderson, Chief of Personnel Services of the DOC, to Mary Leftridge, Assistant Warden. In Anderson’s memo, he stated that the DOC’s position was that (1) any supervisory DOC employee may not act as a [17]*17union representative for any employee of the DPSCS, and (2) any DOC employee having significant supervisory responsibilities was precluded from representing any DPSCS employee at a grievance hearing.

After meeting with Fred Jordan, Jr., the Commissioner of the DOC, appellee was directed on May 31, 1989, that he “may not represent other current or previous employees of the [DOC] or its institutions and agencies at hearings conducted by the [DOP], the [DPSCS], the [DOC] or any agency of the [DOC].” Appellee was authorized to continue representation of any employee who had requested his assistance prior to the Commissioner’s directive.

On June 8, 1989, appellee filed a grievance petition, pursuant to the Maryland State Employee Grievance Procedures (hereinafter “procedures”). Md.Ann.Code art. 64A, §§ 52-57 (1988). Appellee filed his petition with the warden claiming, “I am aggrieved because [I] have been denied the right to function as [an] employee representatives [sic] in accordance with commar [sic] regulations and Article 64A of the annotated Code [sic].” On October 31, 1989, a hearing was held, and appellant moved to dismiss on the grounds that the grievance was not timely filed. The hearing officer deferred ruling on the motion to dismiss and accepted evidence in the case. On December 18, 1989, the hearing officer found that the grievance was untimely and dismissed the case. No determination on the merits was made. Appellee appealed the dismissal, and on October 15, 1990, the trial court found that the appeal was timely filed. The case was remanded to the DOP to determine the merits.

A hearing was held on January 25, 1991, before John T. Madden, administrative law judge (hereinafter “AU”) of the Office of Administrative Hearings (hereinafter “OAH”).3 Both parties agreed that the transcript of the [18]*18October 1989 hearing plus any additional evidence and closing arguments would be the basis of the decision. The ALJ found that appellee did not have standing to bring suit. He also found that it was a conflict of interest for appellee, a manager-supervisor, to uphold the DOC’s policies on the one hand, and, on the other hand, to represent an employee who had allegedly violated those policies.

Appellee appealed the AU’s order to the circuit court. The trial court reversed on the grounds that the order was “premised on an erroneous conclusion of the law,” i.e., an incorrect application of Article 64A, section 53(b).4 In construing the meaning of the word “any” in section 53(b), the trial court found that since there was “notably absent [from the statute] ... a restriction on management representation,” the Legislature did not intend to exclude managers and supervisors from acting as grievant representatives. Relying on three declaratory rulings issued by the DOP, the trial judge concluded that “[u]nless otherwise shown to be a conflict, an employee who does not have direct supervision over an employee, should not be per se barred from representing grievants because the representative is a supervisor.” The trial judge also found that it was proper for appellee to represent employees in grievance proceedings “except in cases of demonstrated conflict of interest which must be determined on a case by case basis.” 5

Legal Analysis

The trial judge applied the standard for reviewing an administrative agency’s decision of a contested case as set [19]*19forth in the Maryland Annotated Code, section 10-215(g) of the State Government Article (1991), otherwise known as the Maryland Administrative Procedure Act (hereinafter the “APA”), which provides as follows:

(g) Decision. — In a proceeding under this section, the court may:
(1) remand the case for further proceedings;
(2) affirm the decision of the agency; or
(3) reverse or modify the decision if any substantial right of the petitioner may have been prejudiced because a finding, conclusion, or decision of the agency:
(i) is unconstitutional;
(ii) exceeds the statutory authority or jurisdiction of the agency;
(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.

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Related

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664 A.2d 400 (Court of Special Appeals of Maryland, 1995)

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619 A.2d 176, 95 Md. App. 12, 1993 Md. App. LEXIS 35, 143 L.R.R.M. (BNA) 2353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maryland-state-department-of-public-safety-correctional-services-v-mdctspecapp-1993.