114 A.3d 221
Md. Ct. Spec. App.2015Background
- Towanda Kearney, a Correctional Officer III (Sergeant) at Baltimore City Detention Center, was charged after a detainee was found in unauthorized areas; a Notice of Disciplinary Charges recommending termination issued June 18, 2012.
- The Correctional Officer’s Bill of Rights (COBR), effective Oct. 1, 2010, governs pre-termination notice and hearing rights for state correctional officers; it precludes implementation of discipline (including termination) prior to the COBR appeal/hearing process except in limited circumstances.
- Attempts to serve Kearney with the Notice allegedly failed while she was on leave; she returned to work, worked until Aug. 28, 2012, and was later issued a final termination order when she filed an appeal.
- Kearney filed a Petition to Show Cause under COBR and a judicial-review petition; the circuit court found her not properly notified and ordered she be permitted to exercise rights under COBR §10-908(c), remanding the matter for further proceedings.
- The Department reinstated Kearney but refused back pay and benefits; Kearney moved to revise the March 20, 2013 order to expressly award back pay and benefits; the court denied the motion without prejudice to her seeking relief after administrative proceedings.
- The Court of Special Appeals held the denial of the motion to revise was a final, appealable order and concluded the show-cause court abused its discretion by failing to award back pay and benefits after finding a COBR violation and reinstatement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court erred in refusing to order back pay/benefits after termination in violation of COBR | Kearney: a COBR violation voided termination; equitable relief in show-cause proceeding required reinstatement plus back pay/benefits to make her whole | DPSCS: court did not order back pay; back pay not requested at hearing; sovereign immunity and unemployment benefits bar or mitigate award; relief can await administrative process | Court held show-cause court had authority to award back pay/benefits; reinstatement without back pay was an abuse of discretion once COBR rights were found denied |
| Whether the denial of the Motion to Revise was a final, appealable order | Kearney: denial ended circuit court jurisdiction over show-cause and was appealable | DPSCS: order was not final because it left open post-administrative relief; appeal should be dismissed | Court held the denial was final and appealable under the circumstances of a COBR show-cause proceeding |
| Whether sovereign immunity barred an order for back pay against a State agency | Kearney: COBR authorizes suit to enforce rights; statutory remedy implies waiver/availability of relief | DPSCS: absent explicit waiver and appropriation, back pay is precluded; special statutory provision allows back pay only in narrow suspension-without-pay-then-acquittal context | Court held sovereign immunity did not bar back-pay award here; COBR enforcement permits relief and funds are presumptively available |
| Whether failure to expressly request back pay at hearing waived the issue on appeal | Kearney: general prayer for "such other and further relief" preserved back-pay claim; relief flows automatically from finding of COBR violation | DPSCS: absence of explicit request deprived court and agency of ability to adjudicate entitlement; issue not preserved | Court concluded the general prayer sufficed and the award was required by law once COBR rights were found denied |
Key Cases Cited
- Cave v. Elliott, 190 Md. App. 65 (2010) (circuit court may order reinstatement with back pay and benefits when LEOBR rights to a pre-termination hearing were denied)
- Stuples v. Baltimore City Police Dept., 119 Md. App. 221 (1998) (denial of revisory motion not final where entitlement to back pay could be adjudicated after further administrative proceedings)
- Central Truck Ctr., Inc. v. Central GMC, Inc., 194 Md. App. 375 (2010) (discusses standard for finding an appellate reversible error or "serious error")
- Frosburg v. State Dep’t of Personnel, 37 Md. App. 18 (1977) (sovereign immunity and recovery of appropriated funds absent specific waiver or appropriation)
- Tiller v. Elfinbien, 205 Md. 14 (1954) (standards governing abuse of discretion review)