Mohan v. Norris

871 A.2d 575, 386 Md. 63, 22 I.E.R. Cas. (BNA) 1240, 2005 Md. LEXIS 171
CourtCourt of Appeals of Maryland
DecidedApril 4, 2005
Docket88, September Term, 2004
StatusPublished
Cited by21 cases

This text of 871 A.2d 575 (Mohan v. Norris) 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
Mohan v. Norris, 871 A.2d 575, 386 Md. 63, 22 I.E.R. Cas. (BNA) 1240, 2005 Md. LEXIS 171 (Md. 2005).

Opinion

HARRELL, J.

We issued a writ of certiorari in this case to consider whether a police officer, although unconditionally certified by the Maryland Police Training Commission (“MPTC”), nonetheless is denied the protections of the Law Enforcement Officer’s Bill of Rights (“LEOBR”) during that officer’s initial probationary status as required by his or her employing police agency. For reasons to be explained, we conclude that such an officer, while in a probationary status with his or her police agency employer upon his or her initial hiring by that employer, is denied, as a result of that probationary status, the protections of the LEOBR, irrespective of his or her certification status with the MPTC.

I.

In December 1997, Andrew A. Mohan graduated from the Prince George’s County Police Municipal Academy and was hired as a police officer by the Town of Edmonston Police *65 Department. Before assuming duties with that department, Mohan was issued a provisional certification card by the Maryland Police Training Commission. 1 Mohan remained in this provisional status while an officer with the Town of Edmonston until September 1998, when he departed to join the Town of Cheverly Police Department. The MPTC issued Mohan a permanent certification card at this juncture.

On 7 January 2002, Mohan was hired by the Maryland Department of State Police (“State Police”), and received a permanent certification card from the MPTC for this new employment. Two days later, he signed an “Agreement” with the State Police outlining the terms of his employment, which included a 24 month probationary period. 2 The probationary period, according to the Agreement, would be in effect during Mohan’s further training at the Maryland State Police Academy and would continue after his assumption of regular duties with the State Police.

During this probationary period, Mohan was served on 29 July 2003 with two documents, each entitled “Maryland State Police Probationary Trooper Record of Disciplinary Action,” charging him with violating various rules, policies, and procedures of the State Police. The documents informed Mohan that, as a result of the alleged infractions, he would be suspended summarily for a total of 11 days. Mohan requested that he be given a hearing on the charges pursuant to the rights outlined in the LEOBR, codified at the time at Md.Code (1957, 1996 Repl.Vol., 2001 Supp.), Art. 27, §§ 727-734D (recodified, without substantive change, at Md.Code (2003), §§ 3- *66 101 — 3-113 of the Public Safety Article). His employer responded that the LEOBR excluded from its coverage probationary employees; therefore, Mohan was not entitled to its protections because, at the time of the alleged infractions, he was still a probationary employee of the State Police.

On 13 August 2003, Mohan filed in the Circuit Court for Prince George’s County a complaint for an ex parte injunction and issuance of a show cause order against Colonel Edward T. Norris, then-Secretary of the Maryland State Police, and the Department. A show cause order was issued and an expedited hearing held. Through the efforts of the trial judge, an Assistant Attorney General representing Secretary Norris and the Department was notified and appeared for the hearing, though no written answer was filed. There appearing to be no dispute as to facts material to the case, the hearing proceeded upon oral argument of counsel on the question of law presented. The trial judge ruled from the bench that Mohan was a probationary employee, as defined by the State Police Act, Md.Code (1957, 1998 Repl.Vol.), Art. 88B, § 18 (recodified, without substantive change, at Md.Code (2003), § 2-403 of the Public Safety Article), and was therefore not entitled to the protections of the LEOBR. A confirming written order denying the injunctive relief was entered ultimately. The Court of Special Appeals affirmed the trial court’s judgment. Mohan v. Norris, 158 Md.App. 45, 854 A.2d 259 (2004). Mohan petitioned this Court for a writ of certiorari, which we granted, 383 Md. 569, 861 A.2d 60 (2004), to consider the following question:

Did the Court of Special Appeals err in determining that a police officer, permanently certified by the Maryland Police Training Commission, may nonetheless be excluded from the protections of the Law Enforcement Officer’s Bill of Rights due to the officer’s probationary status as imposed by a hiring agency?

II.

Mohan’s question is one of statutory interpretation and, as such, is purely a matter of law. Salomon v. Progres *67 sive Classic Ins. Co., 379 Md. 301, 307, 841 A.2d 858, 862 (2004). Our standard of review, therefore, is de novo. Id.; see also Davis v. Slater, 383 Md. 599, 604, 861 A.2d 78, 80-81 (2004) (stating that “[bjecause our interpretation of ... provisions of the Maryland Code ... are appropriately classified as questions of law, we review the issues de novo to determine if the trial court was legally correct in its rulings on these matters”).

III.

Three statutory schemes are the foci of our analysis in this case. At the center of the controversy is the Law Enforcement Officer’s Bill of Rights (“LEOBR”), codified at the time of the proceedings below at Md.Code (1957, 1996 Repl.Vol., 2001 Supp.), Art. 27, §§ 727-734D (recodified, without substantive change, at Md.Code (2003), §§ 3-101-3-113 of the Public Safety Article). 3 The LEOBR was enacted in 1974 as the nation’s first comprehensive statutory scheme intended to provide certain procedural protections to “law enforcement officers,” as that term is defined in the statute, during any investigation, charging, and subsequent hearing that could lead to disciplinary sanctions. Baltimore City Police Dep’t v. Andrew, 318 Md. 3, 12, 566 A.2d 755, 759 (1989); see also Byron L. Warnken, The Law Enforcement Officers’ Privilege Against Compelled Self-Incrimination, 16 U. Balt. L.Rev. 452, 489-98 (1987) (outlining the history and provisions of the LEOBR and chronicling the failed attempts in the U.S. Congress, prior to the enactment of the LEOBR in Maryland, to enact a national bill of rights for law enforcement officers). These procedural protections include, among others, the right to be informed in writing of the nature of an investigation prior to any interrogation, the right to reasonable limitations on the structure, time, and place of an interrogation, the right *68 to a complete written or transcribed record of any interrogation, the right to be notified of the name of any witness and all charges and specifications against the officer not less than ten days prior to any hearing, and the right to a copy of the investigatory file and any exculpatory information. § 3-104.

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Bluebook (online)
871 A.2d 575, 386 Md. 63, 22 I.E.R. Cas. (BNA) 1240, 2005 Md. LEXIS 171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mohan-v-norris-md-2005.