On Friday, January 22, 2016 Baltimore City experienced an unprecedented snow storm. Tamia Drayton, Office Service Clerk, employed by the Department of Assessments and Taxations (SDAT) braved the storm and reported to work. The Department of Budget and Management in anticipation of the storm issued a notice allowing the use of Administrative Leave from 1:00 P.M. until the close of their shift for non-essential employees. At 10:54 A.M.
MCEA OVERTURNS 5-DAY LOSS OF LEAVE
Janet Seeds, Administrative Specialist III employed by the DHMH, Board of Pharmacy was issued a 5- Day Loss of Leave for an alleged failure of following procedures and insubordination. Ms. Seeds contacted MCEA Labor Relations Specialist Michael Keeney, who in turn filed an appeal on her behalf. A Second Step Conference was held for the purpose of hearing the merits of the case. Upon cross examination of management’s witness it was determined by Mr. Keeney that the appointing authority had gained knowledge of the allegations of insubordination. It was at that moment that Mr. Keeney motioned for dismissal proffering the appointing authority actions were untimely and further opined that the discipline be overturned and rescinded
To support his case he argued that the date of the alleged incident that prompted the discipline was October 1, 2012. Management’s witness testified that she had informed the appointing authority of the incident on that same day. Furthermore; a mitigation meeting was conducted with Ms. Seeds on October 18, 2012. It was not until November 7, 2012 that management issued the 5- Day Loss of Leave.
In conclusion Keeney cited the Annotated Code of Maryland, State Personnel and Pensions Article 11-106 (b) which states in pertinent part “ Except as provided in subsection (c) of this section, an appointing authority may impose any disciplinary action not later than 30 days after the appointing authority acquires knowledge of the misconduct for which the disciplinary action is imposed.”
The Hearing Officer agreed that the appointing authority: was aware of the infraction on October 1, 2012. The disciplinary action was issued on November 7, 2012, which is 38 days after she gained knowledge of the infraction. The Hearing Officers concluded that as such, the discipline action is untimely and must be rescinded and her annual days must be restored.
Juvenile Services Worker Reinstated
In November, 2012, the MCEA secured yet another victory for one of its members, winning the reinstatement of a wrongfully terminated employee, with full back pay and all benefits. The employee was terminated with prejudice from his position with the Department of Juvenile Services. He pleaded his case through the steps of the State Employees Appeals Process, and ultimately had a full contested case hearing at the Office of Administrative Hearings, during which the State, through representation by the Office of the Attorney General, called ...