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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1793 SEPTEMBER TERM, 2004

LEVI DOZIER, III v. DEPARTMENT OF HUMAN RESOURCES

Salmon, Kenney, Barbera, JJ.

Opinion by Kenney, J.

Filed: September 29, 2005

Levi Dozier, III, appeals the dismissal of his petition for judicial review by the Circuit Court for Baltimore City. He raises two questions, which we have consolidated as follows:1 Whether the circuit court erred in dismissing Dozier's petition for judicial review? Finding no error, we affirm. FACTUAL AND PROCEDURAL HISTORY Dozier was employed by the Baltimore City Department of Social Services ("BCDSS") from August 6, 1986, until March 5, 2004.2 During his eighteen years of service, Dozier was never the subject of any disciplinary action. He rose from a "front line social As a Program Administrator

worker" to a Program Administrator II.3

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Dozier poses the following: 1. Whether the trial court erred by dismissing appellant's petition when he had a statutory right to judicial review. 2. Whether the appellant was denied due process when the court dismissed his petition for judicial review.

BCDSS is an agency within the Department of Human Resources ("DHR"). The parties dispute whether this position is classified as "management service" or as a "special appointment." Dozier contends that he was a "special appointment," but does not provide authority to support his proposition. A special appointment is defined as: Except as otherwise provided by law, individuals in the following positions in the skilled service, professional service, management service, or executive service are considered special appointments: (1) a position to which an individual is (continued...)
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II, Dozier was an "employee at will," serving "at the pleasure of the employee's appointing authority," and subject to termination

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(...continued) directly appointed by the Governor by an appointment that is not provided for by the Maryland Constitution; (2) a position to which an individual is directly appointed by the Board of Public Works; (3) as determined by the Secretary, a position which performs a significant policy role or provides direct support to a member of the executive service; (4) a position that is assigned to the Government House; (5) a position that is assigned to the Governor's Office; and (6) any other position that is specified by law to be a special appointment.

Maryland Code (1993, 2004 Repl. Vol.)

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