MICHAEL FOY v. BALTIMORE CITY DETENTION CENTER
Court of Special Appeals of Maryland, Harrell, Dec. 4, 2017,
Correctional Officers’ Bill of Rights(COBR) – Commissioner’s failure to conduct a properly recorded meeting within 30 days as required by COBR meant that he was unable to increase the punishment imposed after hearing board.
(Dissent – Eyler – Proper outcome is remand for new hearing)
While the Court seems like it’s holding feet to fires, it creates an enormous loophole by tolling the 30-day period until the commissioner acknowledges receipt of the hearing board’s determination instead of starting it when the hearing board hands down its decision. Now the commissioner can simply delay formal acknowledgment until he/she’s ready to act on the information.
Also, the Court is pretty wishy-washy on how strict this process actually is. It finds that the Commissioner wasn’t acting in good faith and suggests that perhaps that would have given him some wiggle room… and then says that the policy is strictly to be enforced… so… pick a lane, please
Facts:
In 2014, Foy, a lieutenant (CO) at Baltimore City Detention Center was accused of using excessive force against an inmate.
In April of 2014, Foy received notification that he was being administratively charged with a recommendation for termination.
After a hearing board, Foy was found guilty of ten of the twelve charges against him. However, the board recommended that Foy be demoted and transferred.
On 23 November 2015, the Commissioner of Corrections received a copy of the recommendation.
He disagreed with the hearing board and decided to seek termination.
On 9 December 2015, the Commissioner held a meeting with Foy. However, the audio recording equipment did not capture what was said at the meeting due to a malfunction.
A second meeting was scheduled in order to get everything on the record, but it was then cancelled.
On 16 December, Foy’s employment was terminated.
Foy sought review in the Circuit Court for Baltimore City.
The circuit court judge ordered that Foy’s case be sent back to have the meeting recorded.
Foy then appealed, arguing that the proper result is for the hearing board’s recommendation to stand.
Held:
The Court of Special Appeals agreed. Because COBR requires a penalty increase meeting to be held within 30 days and recorded, failure to do so means that the hearing board’s decision stands.