Western Correctional Institution v. Geiger

In Western Correctional Institution v. Geiger, 371 Md. 125, 144, 807 A.2d 32 (2002), the Court of Appeals held that an appointing authority acquires knowledge of the misconduct for which the disciplinary action is imposed, within the meaning of SPP section 11-106(b), when the appointing authority has "knowledge sufficient to order an investigation" into the alleged misconduct. In the Court of Appeals, Geiger was a consolidated review of three cases, from three different counties, in which correctional employees were disciplined more than 30 days after their appointing authorities learned of an allegation of misconduct. In an action for judicial review in one case (employee Pflaumer), the circuit court affirmed the disciplinary action. It reasoned that SPP section 11-106(b) could not be construed as requiring that discipline be imposed within 30 days of acquiring knowledge sufficient to initiate an investigation, because, if that were the case, and an appointing authority discovered the "most credible evidence of misconduct" on the 31st day, disciplinary action could not be taken. The circuit court concluded that that would lead to "absurd results." Id. at 136. In Western Correctional Institution v. Geiger, the high court recognized that, when viewed in context, the phrase "is not ambiguous and, in fact, clearly pinpoints when the time limit for imposing disciplinary action starts." Id. The Court reasoned: All three subsections of 11-106 are interrelated; one can not be read and interpreted without reading and interpreting the others. Subsection (a) prescribes what must be done before imposing discipline, subsection (b) sets the general time limitation on when the imposition of discipline must occur and subsection (c) provides a special time limit for suspensions without pay. It is significant that one of the prerequisites for the imposition of discipline is the conduct of an investigation of the alleged misconduct. To be sure, as the Court of Special Appeals observed, "there is an important distinction between (1) information that indicates the necessity for an investigation, and (2) the completion of an investigation required by 11-106(a)(1)." Geiger, 130 Md. App. at 569, 747 A.2d at 701. The intermediate appellate court, thus, drew a distinction between the quantum of knowledge the appointing authority must have at the beginning of the process and at the end, when the investigation is complete, settling on a level of knowledge sufficient to justify the imposition of discipline. Section 11-106(b) does not, by its terms, state a distinction between the amount of knowledge necessary to initiate an investigation and that required to discipline. It simply prohibits the imposition of discipline more than thirty days after knowledge of the misconduct for which the disciplinary action is imposed is acquired. Knowledge sufficient to order an investigation is knowledge of the misconduct for which discipline was imposed, if discipline ultimately is imposed for that misconduct. It is not at that stage in the process, to be sure, proof as to who is the responsible person and may not even be knowledge as to who that person is. Section 11-106, however, is not person specific; it is situation and fact based. Thus, the knowledge that triggers the running of the thirty day period need not, and may not, although it generally will, identify the employee ultimately disciplined. We hold that, viewed in context, 11-106 gives the appointing authority 30 days to conduct an investigation, meet with the employee the investigation identifies as culpable, consider any mitigating circumstances, determine the appropriate action and give notice to the employee of the disciplinary action taken. (Geiger, 371 Md. at 143-45.) In reaching this holding, the Court of Appeals examined the legislative history of Section 11-106. The Court considered, among other things, Executive Order No. 01.01.1995.15, dated June 9, 1995, by which Governor Glendening established a Task Force to Reform the State Personnel Management System; the Task Force's Final Report of June 19, 1996; and documents in the legislative file submitted as the legislation progressed through the General Assembly. From these materials, the Court concluded that the legislature intended to establish a specific time period in which an appointing authority must investigate, meet with the employee, and impose discipline. Based on the language of the statute and the legislative history, the Court in Geiger determined that the legislature intended to establish a bright line rule designed to afford certainty and uniformity in the application of disciplinary policies throughout the various State agencies.