Preview:

In the Circu it Court for B altimore C ounty Case No. 03-C-03-006816

IN THE COURT OF APPEALS OF MARYLAND No. 51 September Term, 2005 ______________________________________

DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

v.

DIANE MYERS, ET AL.

______________________________________ Bell, C.J. Raker Wilner Cathell Harrell Battaglia Greene, JJ. ______________________________________ Opinion by Wilner, J. ______________________________________ Filed: May 9, 2006

The final administrative authority under the statutory grievance procedure for most State Executive Branch employees is an administrative law judge (ALJ) from the Office of Administrative Hearings (OAH). T he principal question bef ore us is whether, in a grievance based on the alleged placement of an employee into an inappropriate classification, the ALJ has a utho rity, if he or she concludes that the employee is performing duties that entitle the employee to be in a different classification, to direct that the employee be placed into the proper classification. We agree with the ALJ in this case and with the Court of Special Appe als that th e ALJ does h ave tha t author ity.

BACKGROUND In 1996, the General Assembly made a number of substantial changes to the State personnel law and the State Perso nnel M anagem ent System (S PMS ), which inc ludes all positions in the Executive Branch of the State Government not specifically excepted. The issue before us involves two major aspects of the SPMS

Download Public Safety v. Myers.pdf

Maryland Law