Board of Appeals, Department of Employment & Training v. Mayor of Baltimore

JOSEPH I. PINES, Judge. The central issue in this appeal is the propriety of a decision by the Board of Appeals of the Department of ⁴²⁹ Employment and Training (the “Board”) that Myra Johnson, a former employee of the Police Department of Baltimore City, was eligible for unemployment insurance benefits because she was not discharged for misconduct connected with her work, within the meaning of Maryland Annotated Code, Art. 95A, § 6(b) or (c). On March 3, 1983, a Department of Employment and Training (DET) Claims Examiner determined that Myra Johnson was discharged from her employment for misconduct connected with her work within the meaning of § 6(c) and imposed a partial disqualification from benefits for a nine-week period. The City of Baltimore appealed that decision to a DET Appeals Referee.

After two full evidentiary hearings on the record, the Appeals Referee reversed the decision of the Claims Examiner and imposed a total disqualification from benefits, finding that Ms. Johnson was discharged for gross misconduct connected with her work within the meaning of § 6(b). He found a dual basis for the gross misconduct: (1) Ms. Johnson improperly interfered with Police Department work by advising her mother of her constitutional rights during a narcotics raid in her mother’s home, and (2) Ms. Johnson publicly accused the officers of “planting drugs.” Ms. Johnson appealed to the Board. On December 6, 1983, the Board conducted a hearing for the purpose of receiving argument only. On February 17, 1984, the Board issued the final agency decision, reversing its Appeals Referee on both points and finding that Ms. Johnson was not discharged for misconduct or gross misconduct within the meaning of § 6(b) or (c) and that she was entitled to unemployment insurance benefits.

The City appealed to the Circuit Court for Baltimore City, which affirmed the Board’s decision that Ms. Johnson’s advising her mother of her constitutional rights during the raid did not constitute misconduct but remanded the case for a hearing to determine whether Ms. Johnson had public ⁴³⁰ ly accused officers of planting drugs. The judge denied motions to amend the judgment and held that the Board’s finding that Ms. Johnson did not accuse officers of misconduct was not based on substantial evidence in the record because it had selected, without a hearing, one of two conflicting versions of a fact that she held to be dependent on the credibility of witnesses. The Board appealed, and we are asked to decide: (1) whether the decision of the Board of Appeals was based on substantial evidence; and (2) whether the reversal by the Board of Appeals of its Appeals Referee without a hearing was within its authority. Myra Johnson was employed as a clerk in the Records Department of the Baltimore City Police Department.

On July 19, 1982, while off duty, she learned from her aunt that a police narcotics raid was occurring at her mother’s home. Ms. Johnson went to her mother’s home while the raid was still in progress and was permitted inside by the police. At the administrative hearing, Ms. Johnson and her mother, Elaine Buckson, testified that Ms. Johnson asked her mother whether “she read the warrant all the way through.” Her mother responded, “No. They wouldn’t let me because they told me to sit in a chair and don’t move.” Ms. Johnson advised her mother to read the warrant and was told by one of the police officers to “shut the hell up.” Ms. Johnson continued to encourage her mother to read the warrant and was told to “shut your damn mouth up.” Finally, her mother told her, “Just don’t say any more,” and Ms. Johnson remained silent. Meanwhile, a crowd had gathered outside the house.

According to four witnesses, the aunt, Sandra Walker, was yelling, cursing and advising the crowd that the police were planting drugs in the house. All four witnesses denied that Ms. Johnson engaged in similar activity. Ms. Johnson explained to the Appeals Referee that she worked for the ⁴³¹ Police Department and knew better than to risk her job or imprisonment by carrying on like her aunt. The two police officers who were called to testify by the City contradicted the testimony of Appellant’s witnesses.

They testified that it was Myra Johnson who accused the police officers of planting drugs in the house. Judicial review of the administrative adjudication of unemployment insurance appeals is governed by Md.Ann. Code, Art. 95A, § 7(h): Judicial Review: Any party aggrieved by a decision of the Board of