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Department of Public Safety and Correctional Services v. Kathleen Palmer et al. , No. 74, September Term, 2004

Administrative Law - Grievances by office employees at Eastern Correctional Institution claiming time spent clearing security at the beginning and end of work shifts constituted 'work time" under regulations of the Secretary, Department of Budget and Management. ALJ, as statutory designee of the Secretary, construed the regulation in favor of the Grievants, and circuit court affirmed. Held: Affirmed. Under rule that agency's

construction is entitled to considerable weight and applying ordinary rules of statutory construction, there was no error of law.

Circuit Court for Somerset Coun ty Case No. 19-C-03-009069

IN THE COURT OF APPEALS OF MARYLAND No. 74 September Term, 2004 _________________________________________

DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

v.

KAT HLEE N PA LME R et al. _________________________________________ Bell, C.J. Raker Wilner Cathell Harrell Battaglia Rodowsky, Lawrence F. (retired, s pecially as signed ), JJ. _________________________________________ Opinion by Rodowsky, J. ________________________________________ Filed: November 8, 2005

This is an action, brought by the appellant, Department of Public Safety and Correctional Services (the Department or Management), for judicial review of the final administrative decision of employee grievances that were consolidated for hearing and decision. Appellees (the Grievants) are employed at the Eastern Correctional Institution (ECI) in non-uniformed positions in the Case Management and Commitment Records Units.1 The Grievants claimed, inter alia, that the ECI security search policy, effective September 17, 2001, required them to use personal leave time to undergo searches and related delays while entering and exiting the Institution. Unsuccessful before the Warden and the designee of the Secretary of the Department, the Grievants appealed to the Secretary of Budget and Management (the Secretary) pursuant to Maryland Code (1993, 2004 Repl. Vol.),

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Maryland Law