Maryland Transportation Authority v. King

799 A.2d 1246, 369 Md. 274, 2002 Md. LEXIS 332
CourtCourt of Appeals of Maryland
DecidedJune 10, 2002
Docket17, Sept. Term, 2001
StatusPublished
Cited by67 cases

This text of 799 A.2d 1246 (Maryland Transportation Authority v. King) 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
Maryland Transportation Authority v. King, 799 A.2d 1246, 369 Md. 274, 2002 Md. LEXIS 332 (Md. 2002).

Opinions

[276]*276ELDRIDGE, Judge.

In this action for judicial review of an adjudicatory administrative decision, a former employee of the Maryland Transportation Authority challenges the administrative decision terminating his employment with the Authority. The former employee claims that the Authority, in discharging him instead of imposing a lesser sanction for his misconduct, failed to follow its own regulations. The Circuit Court for Baltimore City rejected the former employee’s arguments and upheld the decision terminating his employment. The Court of Special Appeals, however, held that the Authority had not “complied with its own regulations,” that “the penalty imposed, i.e., termination, was disproportionate to the offense,” and that the misconduct was not “so serious as to warrant dismissal.” The appellate court directed that the trial “court impose a sanction less severe than termination.” We shall hold that the Court of Special Appeals’ decision in this case went beyond the proper role of a court in reviewing the action of an administrative agency. Accordingly, we shall reverse the Court of Special Appeals’ decision and direct that the Circuit Court’s judgment be affirmed.

I.

The Maryland Transportation Authority is a unit of the Maryland Department of Transportation, which is a cabinet-level principal department in the executive branch of the state government and is headed by the Secretary of Transportation. In 1987, the respondent Wyatt E. King commenced employment in the Traffic Management and Police Services Division of the Maryland Transportation Authority as a Police Communications Operator I. The Authority promoted King to the position of Telecommunications Supervisor I in 1989, and he remained in that capacity until his discharge from employment. King’s duties in the position included accessing confidential information from the Criminal Justice Information System and the Motor Vehicle Administration records.

[277]*277In June 1997, the Executive Secretary of the Authority requested an Assistant Attorney General to conduct an investigation into various allegations of misconduct within the Traffic Management and Police Services Division. As a result of this investigation and the Assistant Attorney General’s report, the respondent King on February 2, 1998, was suspended from his position as a Telecommunications Supervisor I pending charges for termination of his employment with the Authority. King appealed the suspension, and a suspension hearing was held before an Administrative Law Judge (ALJ) of the Office of Administrative Hearings. A final administrative decision was rendered on March 10, 1998, by the Department of Budget and Management, upholding King’s suspension.

In the meantime, the administrative proceedings for termination of King’s employment had commenced. The Authority, on February 17, 1998, filed charges against King and sought both termination of his employment and an order disqualifying him from future employment with the Authority. The charges were filed under COMAR 11.02.08.06, Termination of a Career Service Employee, which in pertinent part provides:

“B. Cause for Termination. One or more than one of the following causes is sufficient reason for termination, though termination may be for a cause or causes other than those enumerated:
(6) The employee has violated any statute, regulation, executive order, written policy, written directive, or written rule;
(11) The employee has been wantonly offensive toward other employees, supervisors or members of the public;
(16) The employee has willfully made a false official statement or report;
[278]*278(21) The employee has engaged in conduct that has brought the Department (Authority) into public disrepute.”

The specific factual allegations against King were as follows:

“(6) It is alleged that, on or about February 20, 1997, while on duty, Wyatt E. King made one or more unauthorized inquiries into the Criminal Justice Information System (CJIS) in order to learn the birth date of a fellow employee, Michelle Battle.
“... (11) a. The agency alleges that, on or about May or June 1997, Wyatt E. King conspired with a non-employee, Maria Medley, to make a false accusation of misconduct against a fellow employee, Grace DeShazo.
(11) b. The agency alleges that, on or about May 26, 1997, Mr. Wyatt E. King threatened to physically harm Grace DeShazo.
(11) c. The agency alleges that, on or about May or June 1997, Wyatt E. King reported to TS Michelle Nolan, Grace DeShazo’s supervisor, that DeShazo was emotionally unstable and on the verge of a breakdown.
(11) e. The agency alleges that, on or about August 1997, Wyatt E. King accused a fellow employee, Aurora Bullock, of being neglectful in her duties with regard to the receipt of an official facsimile, when in fact, it was Mr. King who failed to take the appropriate action with respect to the facsimile.
(16) b. The agency alleges that, on or about September 1997, Wyatt E. King accused a fellow employee, Aurora Bullock, of being neglectful in her duties with regard to the receipt of an official facsimile, when in fact, it was Mr. King who failed to take the appropriate action with respect to the facsimile.
“... (21) a. The agency alleges that beginning in October 1996, and continuing for several months thereafter Wyatt E. King brought the Authority into public disrepute in the nature of his interactions with Detective Reiland of the Baltimore City Police Department who was conducting a [279]*279criminal investigation arising from an incident in which Mr. King was shot. This conduct included, but was not limited to, the offering of conflicting statements by Mr. King and the false identification of himself as a ‘Supervisor of the Tunnel Police.’ ”

The charges against King were initially heard by an ALJ of the Office of Administrative Hearings in October 1998. After the hearing, however, it was discovered that the audiotape record of the hearing was incomplete because of a malfunction in the recording equipment. Therefore a second de novo hearing, before a different ALJ (Judge Joan C. Ross) took place in June 1999.

In September 1999, ALJ Ross filed a comprehensive opinion, containing detailed findings of fact and conclusions of law, in which she found that the Authority had proven all of the charges except for the charge under COMAR 11.02.08.06B(21), relating to King’s interactions with the Baltimore City Police Department growing out of the shooting incident. The ALJ concluded that King’s employment should be terminated and that he should be disqualified from future employment with the Authority. As to King’s argument that the applicable regulations provided for progressive discipline prior to termination, Judge Ross stated:

“The Appellant asserts that the MdTA [Maryland Transportation Authority] failed to follow its own policy by failing to afford the Appellant progressive discipline prior to termination.

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Bluebook (online)
799 A.2d 1246, 369 Md. 274, 2002 Md. LEXIS 332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maryland-transportation-authority-v-king-md-2002.