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Ford v. Department of Public Safety2/26/2003
Appellant, Barbara Ford, was employed as a correctional officer by the Department of Public Safety and Correctional Services ("the Department"). On 14 April 1999, the Department filed a Notice of Termination against appellant, charging her with having violated various standards of conduct applicable to correctional officers, and she appealed to the Office of Administrative Hearings ("OAH").
On 5 May 1999, appellant filed a complaint pursuant to Md. State Pers. & Pens. Code Ann. § 5-305 (hereinafter referred to as the Whistleblower Statute) concerning her termination from the Department. The Department denied the complaint, and appellant appealed that decision to the OAH.
The appeals were consolidated, and Administrative Law Judge (ALJ) Leah J. Seaton heard the matter over the course of several days in November and December 1999. The ALJ dismissed the complaint, concluding that appellant's termination did not constitute a reprisal under the Whistleblower Statute. With respect to the appeal from the Notice of Termination, ALJ Seaton concluded that the Department had failed to comply with the requirements of State Pers. & Pens. Article § 11-106, reversed appellant's termination, and reinstated her with back pay.
Appellant appealed the dismissal of her whistleblower complaint and the Department appealed the reversal of appellant's termination. The Circuit Court for Somerset County affirmed the dismissal of appellant's whistleblower complaint but reversed and remanded ALJ Seaton's decision with respect to appellant's termination. This appeal followed.
ISSUES PRESENTED
On appeal, appellant presents us with several issues for our consideration, which we have rephrased as follows:
I. Whether the appointing authority properly investigated the alleged misconduct before imposing discipline;
II. Whether the appointing authority erred in imposing discipline more than 30 days after the investigation was complete;
III. Whether the appointing authority failed to consider properly certain mitigating circumstances before imposing discipline;
IV. Whether the Whistleblower Statute applies to an employee's complaint about the behavior of a supervisor;
V. Whether Mr. Kaloroumakis is immunized from the retaliatory animus attributable to the appointing authority; and,
VI. Whether the circuit court erred in ordering a remand because the appointing authority failed to identify any rule or regulation violated by appellant.
FACTUAL BACKGROUND
The central facts underlying this appeal are undisputed. Appellant began working as a Correctional Officer I at the Eastern Correctional Institute (ECI) in August 1987. Shortly after becoming employed there, appellant met Ralph Logan, a co-worker at ECI. In 1988, appellant and Logan became involved in an intimate relationship, during the course of which Logan, on numerous occasions, successfully pressured appellant into loaning him money, or providing him with various other financial favors. In or about 1990, Logan became ECI's Chief of Security. When appellant attempted to end their relationship, Logan said that "things will change" and that "life will not be good." Even after their relationship ended in 1991, Logan continued to pressure appellant for money and to resume their relationship.
Logan received a number of promotions, first serving as Assistant Warden, then Acting Warden. In 1998, Logan became Warden. In the meantime, appellant had unsuccessfully sought numerous promotions, including one on which she had the highest score on a test for the position. In July 1996, appellant filed a grievanc
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