88 A.3d 827
Md. Ct. Spec. App.2014Background
- Dyer, a former Howard County Board of Education member, faced two ethics complaints under the Board’s Ethics Regulations.
- The Ethics Panel held a closed hearing on March 3, 2011, which was not open to the public and was transcribed.
- The Board later voted to close certain sessions in open meetings and discussed confidentiality and release of information.
- Dyer filed suit in Howard County Circuit Court alleging the Ethics Panel hearing violated the Maryland Open Meetings Act (OMA).
- The circuit court denied relief; Dyer appealed challenging the OMA application, delegation to the Ethics Panel, and confidentiality provisions.
- The Court of Special Appeals affirmed, holding the March 3, 2011 hearing did not violate the OMA and that delegation to the Ethics Panel was permissible.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| OMA applicability to March 3 hearing | Dyer argues OMA applies to the hearing as a public body action. | Board argues the hearing was administrative, exempt from OMA. | OMA did not apply; hearing was administrative. |
| Authority and delegation to Ethics Panel | Dyer contends delegation to an Ethics Panel was improper quasi-judicial delegation. | Board contends delegation is permissible; panel administers existing ethics regulations. | Delegation to Ethics Panel permissible; panel conducted administrative function. |
| Constitutional challenges to confidentiality | Dyer asserts confidentiality provisions abridge First Amendment and Article 40 rights. | Board maintains confidentiality is constitutional and statutory. | Constitutional issues not addressed due to preservation/raised-format deficiencies; not decided on appeal. |
Key Cases Cited
- Carroll County Education Ass'n, Inc. v. Board of Education of Carroll County, 294 Md. 144 (1982) (public body as two or more created by statute or resolution for delegation under OMA)
- Andy’s Ice Cream v. Salisbury, 125 Md. App. 125 (1999) (limits on improper delegation; quasi-judicial delegation not merely ministerial)
- Scott v. Clerk of Circuit Court for Frederick County, 112 Md. App. 234 (1996) (Attorney General opinions cited with persuasive authority)
- Cattail Assocs. v. Sass, 170 Md. App. 474 (2006) (standard of review for non-jury trial; clearly erroneous not applicable to legal conclusions)