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Tyma v. Montgomery County6/14/2002
so, to enact the subject benefits legislation and that the Act is a local law that does not infringe upon the Legislature's ability to regulate marriage on a statewide basis. As we have seen, Article 25A, § 5(S) of the Maryland Code, which implements Article XI-A of the Maryland constitution, authorizes counties, notwithstanding any enumeration of powers in that article, to enact "such ordinances as may be expedient in maintaining the peace, good government, health and welfare of the county" that "are not provided for by public general law."
We discussed § 5(S) at length in Snowden v. Anne Arundel County, supra. In that case, the issue presented was whether Anne Arundel County was empowered to enact a program to pay the costs incurred by county employees in mounting a successful defense to criminal charges arising from the performance of their duties. 295 Md. at 431, 456 A.2d at 381. We held that § 5(S) provided the authorization. Describing § 5(S) as a "general welfare" clause that had been broadly construed to permit charter counties to legislate beyond the powers expressly enumerated in the Express Powers Act, id. at 432, 456 A.2d at 382, we explained:
"Gratification would not be afforded the purposes of home rule or the reasons which prompted it if the language of § 5 (S) of Art. 25A were not to be construed as a broad grant of power to legislate on matters not specifically enumerated in Art. 25A and the language of that section clearly indicates that such a construction is sound. ...
.... ot only does it empower legislative action designed to carry out, exercise and implement enumerated powers, it goes further to add that power is given 'as well' to ordain for the maintenance of peace, good government, health and welfare of the County." Id. at 432-33, 456 A.2d at 382 (quoting Greenhalgh, supra, 253 Md. at 160-61, 252 A.2d at 246).
We concluded that the program was an extension of employment benefits, which was well within the scope of the authority given by § 5 (S), reasoning that the public benefitted from the challenged ordinance because its provisions "better enable the County to recruit and retain qualified .. . employees, and to maintain morale." Id. at 438, 456 A.2d at 385.
The Act at issue in this case does not, and does not purport to, define, redefine or regulate marriage in Maryland. Indeed, the Act itself includes the purpose for which the County enacted it, setting out the County's specific findings that "many private and public employers provide or plan to provide benefits for the domestic partners of their employees" and that " roviding domestic partner benefits will significantly enhance the County's ability to recruit and retain highly qualified employees and will promote employee loyalty and workplace diversity." Although not expressly enumerated, Home Rule counties in Maryland, by necessary implication from the powers that the General Assembly enumerated as well as § 5 (S)'s catchall provision, must have the power to regulate local employment and, as to that, its employees.
We hold the purpose underlying the benefits legislation here at issue to be consistent with that which the Snowden court found sufficient to uphold the ordinance challenged in that case. Moreover, the reasoning of that decision applies with equal, if not greater, force to the case sub judice. We see no reason why, if reimbursing the private legal expenses of certain county employees charged with a criminal offense qualifies as a valid public purpose, extending to the domestic partners of county employees benefits comparable to those afforded to the spouses of county employees, does not also qualify. Thus, we agree with the County and amici's arg
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