 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Dashiell v. Maryland State Department of Health and Mental Hygiene. Daniel Coles6/23/1992
tary of Personnel that she be separated from State service. The basis of his decision was that Dashiell occupied a job in a "sensitive" class, and as she was convicted of an offense involving alcohol, she had violated the Substance Abuse policy and termination of her employment was warranted. The administrative law judge made no specific mention of the charge that Dashiell's conduct tended to bring the State service into disrepute. Dashiell filed exceptions with the Secretary of Personnel, contending that it would be patently unfair to terminate her for an offense that occurred before her job was classified as sensitive. The Secretary found no merit in this argument, opining that because Dashiell received a copy of the Substance Abuse Policy, she was on notice of the definitional criteria underlying the classification of a position as sensitive. Consequently, according to the Secretary, Dashiell was aware that her job would, more likely than not, be classified as sensitive, and therefore the termination of her employment was ordered.
B.
Coles Case
Like Dashiell, Daniel Coles was employed as a Direct Care Assistant II at the Holly Center at the time of his dismissal. He had worked at the Holly Center for seven years, and all of his evaluations indicated that his work was satisfactory. Coles signed a form acknowledging receipt of the State's Substance Abuse policy on April 25, 1989. On August 26, 1989, while off-duty, he was arrested for driving under the influence of alcohol. He was found guilty of this offense in the District Court of Maryland, sitting in Wicomico County, on March 19, 1990.
Coles received notice that as of January 17, 1990 -- a date between his arrest and conviction -- his position had been designated as sensitive. On April 16, 1990, charges were filed against him for separation from State service, alleging a violation of the Substance Abuse Policy and of COMAR 06.01.01.47(M). A hearing was held before a State administrative law judge on May 9, 1990, who determined that the Department of Health and Mental Hygiene had satisfied its requisite burden of proving violations of both the Substance Abuse Policy and COMAR 06.01.01.47(M). The administrative law judge recommended to the Secretary of Personnel that Coles be separated from State service, noting that Coles's arrest was not the occurrence that violated the policy, but rather it was his conviction which occurred after Coles's job had been designated as sensitive. Although the Secretary expressly adopted the findings of fact and conclusions of law of the administrative law judge, she made no mention of the charge that Coles's conduct tended to bring the State service into public disrepute. The Secretary ordered that Coles be terminated from State service.
The employees appealed to the Circuit Court for Wicomico County from the Secretary's orders. That court (Truitt, J.) affirmed the Secretary's order in both cases. Each employee then appealed to the Court of Special Appeals.
We granted certiorari before consideration of their appeals by the intermediate appellate court.
II.
While Dashiell and Coles, in their separate briefs in this Court, presented the same six issues, we focus on only two of these issues: (1) whether the agency decisions were erroneous as a matter of law and (2) whether the orders of the Secretary were arbitrary and capricious and unsupported by substantial evidence.
The Department argues that the orders were not arbitrary and capricious; that they were supported by substantial evidence; and that there was no error of law. It maintains that a sufficient nexus existed between off-duty substance abuse and the
Page 1 2 3 4 Maryland DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|