Kearney v. France, 222 Md. App. 542, 114 A.3d 221 (2015)

 

After the Department of Public Safety and Correctional Services terminated a correctional officer in violation of her rights under the Correctional Officers' Bill of Rights (COBR), the correctional officer filed a petition to show cause in the circuit court.  The circuit court entered an order determining that the Department had violated COBR by failing to provide the officer with proper notice of discipline. The Department reinstated the officer but refused to grant her back pay for the six month period during which she was separated.  The circuit court refused to order back pay.  The officer appealed. The Court of Special Appeals reversed the circuit court and ordered back pay.

 

The Court of Special Appeals concluded that reinstatement without back pay denies a correctional officer her rights “and most especially her right to a hearing before there was any disciplinary action implemented…”  This is so, the Court wrote, because back pay and benefits “flow from reinstatement after an improper termination.”  Thus, the officer here “was entitled as a matter of law to reinstatement, back pay, and benefits.” According to the court, such relief is “not a matter of judicial discretion but rather the required consequence of improper termination.”

 

A copy of the decision is available here.

 

 

Fraternal Order of Police Lodge 35 v. Montgomery Cnty., 436 Md. 1, 80 A.3d 686 (2013)

 

The County, acting through its staff, brought action against county board of elections, seeking judicial review and declaratory relief, challenging board's certification of election referendum petition. Fraternal Order of Police Lodge 35, the proponent of the referendum petition, intervened. The County alleged that any inaccuracy by the individual collecting signatures - including incorrect zip codes - was fatal and disqualifying for all signature collected.  The circuit court entered summary judgment in favor of the County.  Parties petitioned and cross-petitioned for certiorari.

The Court of Appeals held that partially incorrect zip code information contained in circulators' affidavits did not invalidate signatures collected by the circulators. 

A copy of the decision is available here. 

 

 

Atkinson v. Anne Arundel Cnty., 428 Md. 723, 53 A.3d 1184 (2012)

 

Members of law enforcement and firefighters' unions petitioned for declaratory judgment invalidating amendment to county code section providing for binding arbitration as part of implementation of collective bargaining provision of county charter, which amendment provided that county council was not required to appropriate funds to satisfy an award entered in binding arbitration, as well as uncodified section of council bill providing that if any part of amendment were held invalid, entire collective bargaining section of county code as amended would be deemed repealed by operation of law. County counterclaimed for declaratory judgment holding binding arbitration provision and amendment thereto unconstitutional. The Circuit Court, Anne Arundel County, Paul G. Goetzke, J., granted county's counterclaim. Union members appealed.

The Court of Appeals, Rodowsky, J., held that:

• provision of county charter mandating binding arbitration in labor disputes was binding on county council as well as county executive;

• collective bargaining provision contained in county charter was appropriate charter material under state constitution;

• voters' directive in provision of county charter requiring county council to implement binding arbitration did not unconstitutionally preclude exercise of county council's law-making discretion, disapproving Wicomico County Fraternal Order of Police, Lodge 111 v. Wicomico County, 190 Md.App. 291, 988 A.2d 555; and

• county council lacked discretion to reject effects of binding arbitration by drafting nonseverability clause providing for revocation of entire arbitration section of county code.

 

Reversed and remanded for entry of judgment.

 

Sturdivant v. Maryland Dep't of Health & Mental Hygiene, 436 Md. 584, 84 A.3d 83 (2014)

 

The Court of Appeals affirmed the Court of Special Appeals' decision (below).  It wrote: "We find the well-researched and well-reasoned opinion of the Court of Special Appeals to be unassailable in its analysis and conclusions and we adopt it as our own."  The Court concluded that remand for further factfinding by the ALJ was appropriate.

 

A copy of the decision is available here.

 

Sturdivant v. Maryland Dep't of Health of Mental Hygiene, 207 Md. App. 33, 51 A.3d 692 (2012) cert. granted, 429 Md. 529, 56 A.3d 1241 (2012)

 

Former employees who had been laid off from state psychiatric hospital petitioned for judicial review of ALJ's decision that hospital was not required to reinstate them. The Circuit Court, Baltimore City, Audrey J.S. Carrion, J., affirmed, and former employees appealed.

The Court of Special Appeals, Kehoe, J., held that:

• hospital had discretion to recruit applicants and fill vacancies by selecting from among the best qualified eligible candidates without any obligation to select from lists of laid off employees, and

• remand was required for additional fact finding as to whether state psychiatric hospital complied with recruitment process.

 

Vacated and remanded with instructions.

 

A copy of the decision is available here.