Foy v. Baltimore City Detention Ctr.

Harrell, J. Appellant, Michael Foy, complains here that the Circuit Court for Baltimore City remanded erroneously his employment disciplinary case to Baltimore City Division of Pretrial Detention and Services (DPDS) Commissioner, John S. Wolfe, to conduct a second penalty increase meeting. Foy contends that remand to the Commissioner is inappropriate and that the Commissioner's prior decision to terminate him as a prison guard be reversed, without further administrative proceedings. He asserts Commissioner Wolfe abridged his rights under the Correctional Officers' Bill of Rights 1 (COBR) 2 when the Commissioner increased to termination the Baltimore City Department of Corrections' Hearing Board's (Hearing Board) recommended lesser punishment, without conducting a timely and proper on-the-record penalty increase meeting, and thus violated Md. Code (1999, 2017 Repl. Vol.), § 10-910(b)(6)(ii) of the Correctional Services Article (Corr.

Servs.). 3 The circuit court (in its remand order) found that: [Commissioner] Wolfe failed to satisfy the final portion of [Corr. Servs. § 10-910(b)(6)(ii) ] when the audio equipment failed to capture [Appellant's penalty increase meeting] on the record[,] ... [and] a substantial right of [Appellant's] has been prejudiced when the penalty increase hearing, due to the failure of the audio recording equipment, was not captured on the record .... (Alteration in original). In this appeal, Appellant poses the following questions: I. Did Appellee [Commissioner Wolfe] violate Appellant's Rights under the COBR when he increased the recommended penalty of the Hearing Board without recording the penalty increase [meeting]; and II.

Did the circuit court err in remanding the case to conduct another penalty increase [meeting]? Foy contends that Appellees violated the COBR when Commissioner Wolfe failed to follow the mandatory requirements of Corr. Servs. § 10-910(b)(6)(ii) 4 in the course of increasing Appellant's disciplinary punishment. Specifically, Commissioner Wolfe failed to "allow[ ] [Appellant] to be heard on the record" by neglecting to capture the contents of the only penalty increase meeting convened and, in place of such a record, tendering an uncompliant alternative "record." The window of opportunity for enhancing the Hearing Board's recommended sanction closed once Commissioner Wolfe failed to comply with Corr.

Servs. § 10-910(b)(6)(ii) within the time frame allowed by the statute. In its initial response to this judicial review action on appeal, Appellees filed with this court a motion to dismiss asserting that the circuit court's order of remand was not an appealable final judgment because the remand contemplated further administrative proceedings. On the merits, Appellees argue that Commissioner Wolfe acted in good faith and complied substantially with the requirements of Corr. Servs. § 10-910(b)(6)(ii).

His good faith efforts at substantial compliance are represented by a memorandum memorializing what, according to his recollection, was said at the uncaptured penalty increase meeting and his attempts to reschedule the meeting within the allowed timeframe, presumably to rectify the recording equipment malfunction that occurred earlier. In addition, Appellees point also to a lack of any prejudice suffered by Appellant due to the absence of a formal recording. We deny Appellees' motion to dismiss. We hold that Appellant's COBR rights were violated.

Moreover, the circuit court remanded erroneously Appellant's case to Commissioner Wolfe to conduct a second, but untimely on-the-record meeting. The proper remedy is to reinstate the Hearing Board's penalty recommendation as the final administrative action (the computation of back-pay aside) under the circumstances of this case. Statement of Facts On 12 January 2014, Foy, a Lieutenant at the Baltimore City Detention Center (BCDC), was accused of using excessive force against a BCDC inmate. 5 On 10 April 2014, the BCDC issued to Foy a notice of disciplinary charges recommending his termination. Foy appealed to the Hearing Board.

The Hearing Board found Foy guilty of ten of twelve disciplinary charges brought against him. The Hearing Board recommended that his penalty be reduced to a "Transfer to Baltimore City Booking and Intake Center & Demotion to Sergeant." Commissioner Wolfe received a copy of the Hearing Board's recommendation on 23 November 2015. He reviewed the administrative record made to that date, found the Hearing Board's penalty inadequate, and proposed to increase Foy's punishment under Corr. Servs. § 10-910(b)(6).

On 9 December 2015, the Commissioner conducted a penalty increase meeting with Foy and his counsel. 6 Following the meeting, Commissioner Wolfe discovered that the audio recording equipment used to make a verbatim record of the meeting malfunctioned, failed to capture what was said at the meeting, as required by Corr. Servs. § 10-910(b)(6)(ii). The Commissioner notified promptly Foy's counsel of the equipment failure. The Commissioner and Appellant's counsel agreed to reconvene, with Foy, on 17 December 2015 for another attempt at holding a recorded meeting. 7 On 10 December 2015, Commissioner Wolfe memorialized his recollection of what transpired at the unrecorded penalty increase meeting in a written memorandum to Stephen T. Moyer, Secretary of Public Safety and Correctional Services. 8 Foy's counsel confirmed with Commissioner Wolfe's office to hold a remedial penalty increase meeting on 16 December 2015.

Later that day, however, Commissioner Wolfe canceled, without explanation, the meeting. Commissioner Wolfe made no further effort to reschedule a meeting. Rather, on December 16, Commissioner Wolfe, with the permission of Secretary Moyer, increased the Hearing Board's recommended punishment of Foy from "Transfer to Baltimore City Booking and Intake Center & Demotion to Sergeant" to termination of his employment. Foy filed an action for judicial review in the Circuit Court for Baltimore City, arguing solely that the Commissioner violated his rights under the COBR when he increased the Hearing Board's recommended punishment without recording the penalty increase meeting.

Foy requested the circuit court to rescind Commissioner Wolfe's increased penalty, re-impose the Hearing Board's recommended penalty, and reinstate him accordingly, with commensurate back pay. The circuit court found, in relevant part: That an error of law occurred at the penalty increase hearing when the audio recording equipment failed and there was no audio record of the meeting; and it is further found ... [that Commissioner] Wolfe failed to satisfy the final portion of [Corr. Servs. § 10-910(b)(6)(ii) ] when the audio equipment failed to capture the hearing on the record ... and a substantial right of [Foy] has been prejudiced when the penalty increase hearing ... was not captured on the record. (Emphasis omitted).

As a result, the circuit court ordered that "this case be remanded for the purpose of conducting another penalty increase meeting so that a complete record of the administrative proceeding is available for the [c]ourt on [j]udicial [r]eview." Analysis I. Appellees' Motion to Dismiss. a. Appellees' Arguments. Appellees move to dismiss this appeal on "the grounds that [we] lack [ ] jurisdiction over this matter because the order appealed from is not a final judgment." They aver that Appellant has not been put out-of-court by the remand order from which he sought judicial review. As such, Appellant cannot satisfy the critical requirement for an appealable final judgment.

The circuit court ordered a remand for the appointing authority 9 to conduct another penalty increase meeting so that a complete record might be available for any further judicial review. b. Appellant's Arguments. Appellant responds that the circuit court's remand order was authorized by Md. Code (1984, 2014 Repl. Vol.) § 10-222(h)(1) of the State Government Article (State Gov't), and is an appealable final judgment under Metro Maint.

Sys. S., Inc. v. Milburn , 442 Md. 289 , 299-307, 112 A.3d 429 , 435-40 (2015). Under Milburn , remands ordered pursuant to State Gov't § 10-222(h) are appealable immediately because the order terminates the judicial proceeding, and denies the parties any means of further prosecuting or defending the action. c. The Circuit Court's Remand Order is an Appealable Final Judgment.

The resolution of a motion to dismiss raised on appeal is left to the sound discretion of this Court. MD. RULE 8-602. In the exercise of that discretion, we will dismiss an appeal if it is not a final judgment entered in a civil or criminal case by a circuit court, or if a non-final judgment does not fit within the statutory exceptions or the collateral order doctrine. 10 A ruling must have the following "three attributes to constitute a final judgment: 1) it must be intended by the court as an unqualified, final disposition of the matter in controversy; (2) unless the court acts pursuant to Maryland Rule 2-602(b) to direct the entry of a final judgment as to less than all of the claims or all of the parties, it must adjudicate or complete the adjudication of all claims against all parties; (3) it must be set forth and recorded in accordance with Rule 2-601." 11 Rohrbeck v. Rohrbeck , 318 Md. 28 , 41, 566 A.2d 767 , 773 (1989).

The purpose of the final judgment rule is "to promote judicial efficiency by avoiding piecemeal appeals." Milburn , 442 Md. at 298 , 112 A.3d at 435 (citing Brewster v. Woodhaven Bldg. & Dev., Inc. , 360 Md. 602 , 616, 759 A.2d 738 (2000) ). Assessing specifically whether a circuit court's remand order entered in a judicial review action is an appealable final judgment, Milburn noted: if, applying the appropriate standard of review, the [circuit] court finds that there was not substantial evidence to support the agency decision or that the agency made an error of law, it will likely remand the case to the agency, which will ultimately determine the parties' rights by applying the law as directed by the circuit court. Such a remand may appear to be non-final in nature, but under the principles of finality in Maryland ... many such remands are appealable final judgments. Milburn , 442 Md. at 301 , 112 A.3d at 436 .

When a circuit court considers a judicial review action from a state administrative agency decision, and remands the case because the agency's decision is inconsistent with law, that iteration of the case has reached its end. Id. Therefore, a remand after a circuit court has conducted a judicial review of the sole question raised in the administrative action, precluding the parties from further contesting or defending the validity of the agency's decision on the merits in that case, is an appealable final judgment. Milburn , 442 Md. at 305 , 112 A.3d at 439 .

See also Hickory Hills Limited Partnership v. Secretary of State , 84 Md. App. 677 , 686, 581 A.2d 834 (1990) (contrasting the type of remand occurring before judicial review occurs with a "remand that a court might order under the APA after the court has conducted judicial review and made its assessment of the agency decision."). Milburn declared that: [A] remand, governed by ... [State Gov't] § 10-222(h), is a final order because, when the circuit court orders a remand after judicial review, it does so because it has found that the agency's decision is inconsistent with law or unsupported by substantial evidence. The parties can no longer defend or challenge that agency decision in the circuit court and there is nothing further for that court or the parties to do. Thus, that remand terminates the circuit court proceedings.

Milburn , 442 Md. at 307 , 112 A.3d at 440 . The circuit court's order here is a hybrid of judicially-reviewed conclusions and a determination that the "record is insufficient to allow for a fair consideration of the issue." 12 For this reason, we find Milburn and Schultz v. Pritts , 291 Md. 1 , 432 A.2d 1319 (1981) instructive. Milburn noted, in the context of a challenge to the appealability of a circuit court's remand order, that the work of the circuit court was not done; the circuit court deferred further consideration of Milburn's challenges to the merits of the agency's decision pending remand and the agency's subsequent remedial decision. Milburn , 442 Md. at 308 , 112 A.3d at 441 .

("There was no discussion of the agency record or the merits of the case. The circuit court characterized the [agency's pre-emptive] motion as a request for a 'do over' that would precede the court's consideration 'whether there's substantial evidence and ... whether or not to affirm' "). The "remand order did not involve a determination whether the agency decision is consistent with law or supported by substantial evidence." Milburn , 442 Md. at 310 , 112 A.3d at 441 . Thus, Milburn held "that a remand that precedes any judicial review is not a final judgment." Milburn , 442 Md. at 310 , 112 A.3d at 442 .

In Schultz , the context was of a local government board of zoning appeals denying property owners a requested special exception. Schultz , 291 Md. at 3 -4 , 432 A.2d at 1321 . The property owners appealed to the circuit court, which conducted a review of the administrative record and proceedings. Id.

It "determined that there had been a denial of due process because the [b]oard had considered evidence submitted after the close of the hearing." Id. The circuit court "reversed and remanded the matter to the [b]oard for a new hearing." Schultz , 291 Md. at 4 , 432 A.2d at 1321 -22 . On appeal, the Court of Appeals agreed that, under those circumstances, a circuit court's order remanding a proceeding to an administrative agency is an appealable final order. Schultz , 291 Md. at 6 , 432 A.2d at 1322 (citing Department of Public Safety & Correctional Services v. LeVan , 288 Md. 533 , 542-43, 419 A.2d 1052 , 1057 (1980) ).

The circuit court's finding in its remand order that the agency's decision was inconsistent with law was an appealable final judgment. Id. Here, the findings of the circuit court in its remand order are a mix of the characteristics of the orders in Milburn and Schultz , but, in our view, bear ultimately more resemblance to Schultz . The circuit court in the present case made findings of law based on the state of the record presented to it (vis a vis the statutory requirement for conducting an on-the-record penalty increase hearing within the allowable time period), finding that: [n]either [Commissioner] Wolfe's written memorandum of [10 December 2015] to Secretary Stephen T. Moyer nor [Commissioner] Wolfe's Affidavit of [5 May 2016], meet the statutory requirements of a hearing on the record nor do these writings cure the defect as it is neither objective nor complete ..., as [Appellant] asserts, as required by [ MD.

RULE 7-113(d)(2) ], that an error of law occurred at the penalty increase hearing when the audio recording equipment failed and there was no audio record of the meeting ..., [Commissioner] Wolfe satisfied the statutory requirement of [Corr. Servs. § 10-910(b)(6)(ii) ] by meeting with [Appellant] and his counsel, allowing [Appellant] to be heard but [Commissioner] Wolfe failed to satisfy the final portion of this particular statutory requirement when the audio equipment failed to capture the hearing on the record ..., [and] a substantial right of [Appellant's] had been prejudiced when the penalty increase hearing ... was not captured on the record. (Emphasis added). In Schultz , the circuit court reviewed the agency decision, made a determination as to its legality, and remanded the case for additional proceedings.

Schultz , 291 Md. at 4 , 432 A.2d at 1321 -22 . The parties could take no further action in the circuit court at that point, and the court chose to do nothing more. Id. Analogously, the circuit court found here that Commissioner Wolfe violated Appellant's Corr.

Servs. § 10-910(b)(6) rights. Given Appellant's sole argument in the judicial review action, there was nothing more for the circuit court or either party to do regarding this finding. Appellant did not contend (and has not contended) below or here that the Hearing Board erred regarding its findings of fact, conclusions of law, or its recommended punishment. 13 Rather, Appellant contends solely that Commissioner Wolfe's failure to comply with the mandatory requirements of Corr. Servs. § 10-910(b)(6), especially when he still had time to do so after learning of the equipment malfunction, warrants vacation of Appellant's employment termination and reinstatement of the Hearing Board's recommendation, with commensurate back-pay.

Appellees point to the circuit court's findings that sound more like those in Milburn , however: [Foy] demonstrated that the record is insufficient to allow for a fair consideration of the issues and simply cannot be reconstructed; and ... it is hereby ordered, that this case be remanded for the purpose of conducting another penalty increase hearing so that a complete record of the administrative proceeding is available for the [c]ourt on [j]udicial [r]eview. (Emphasis omitted). Milburn noted that "there had been no judicial assessment of the legality of the agency's decision; the remand order merely acceded to the agency's request for a limited opportunity to reconsider and possibly modify its findings or decision [before] judicial review." Milburn , 442 Md. at 309 -10 , 112 A.3d at 441 . The circuit court did not discuss the agency record or the merits of the contentions put on-the-table by Milburn in the case.

Milburn , 442 Md. at 296 , 112 A.3d at 433 . As in Milburn , here the circuit court's findings are premised on a similar basis, in part. They lack any discernable conclusions of law or findings of fact. Rather, the circuit court appeared to profess an inability to assess the merits of Commissioner Wolfe's conclusion to fire Foy, in light of the unrecorded penalty increase meeting.

Appellees' life raft leaks, however. The sole dispute before the circuit court and here is not over whether the conclusion Commissioner Wolfe reached was supported by substantial evidence, but rather whether the process utilized to reach it violated Foy's COBR rights. Unlike Milburn , the circuit court here made clear findings on the merits of Appellant's sole appellate claim. Most notably, the circuit court found that " an error of law occurred at the penalty increase hearing" and "Commissioner Wolfe "failed to satisfy the final portion of [Corr.

Servs. § 10-910(b)(6)(ii) ] when [he] ... failed to capture the hearing on the record ." (emphasis added). The circuit court's findings that an error of law occurred and that Commissioner Wolfe failed to satisfy a statutory requirement are more in line with Schultz's holding that the zoning body denied the property owners due process. Schultz , 291 Md. at 4 , 432 A.2d at 1321 -22 . Finality is determined by what further proceedings, if any, will occur in the circuit court.

Milburn , 442 Md. at 310 , 112 A.3d 429 . No further proceedings will occur on the circuit court's findings of law on the merits of Appellant's sole legal challenge. The circuit court found "that in a judicial review of an administrative hearing, the [c]ourt may 'remand the case for further proceedings.' " (citing State Gov't § 10-222(h) ). Milburn held that a remand ordered under State Gov't § 10-222(h) is an appealable final judgment.

Milburn , 442 Md. at 307 , 112 A.3d at 440 (2015). We agree. Thus, we deny Appellees' motion to dismiss.

II

The Commissioner Violated Appellant's COBR Rights When He Failed to Record a Penalty Increase Meeting Within the Time Allowed By Law. a. Appellant's Arguments. Foy avers that Corr. Servs. § 10-910(b)(6) requires, on the part of Commissioner Wolfe, the satisfaction of four requirements within 30 days after the Commissioner received the Hearing Board's decision before he may increase Appellant's penalty beyond that proposed by the Hearing Board.

Commissioner Wolfe's failure to capture the penalty increase meeting on the audio record was in violation of Corr. Servs. § 10-910(b)(6)(ii). His unexplained failure to conduct and record a remedial meeting within the allowed statutory time period exacerbates the circumstances. Such failures preclude Commissioner Wolfe from increasing the Hearing Board's proposed penalty.

Appellant maintains that Commissioner Wolfe's conduct evinces a disregard of the requirements of Corr. Servs. § 10-910(b)(6). In support of this contention, Appellant notes that the Commissioner canceled, unilaterally and without elaboration, the second penalty increase meeting set for December 17. Moreover, his attempt to comply with compiling a "record" of the unrecorded meeting through the December 10 memorandum to Secretary Moyer was not provided to Appellant until after the judicial review action was filed.

Notably, Corr. Servs. § 10-904(d) 14 permits correctional officers to waive their COBR rights under certain circumstances. Appellant was not asked (nor did he agree) to waive the Corr. Servs. § 10-910(b)(1) 30-day time limit, which might have mitigated Commissioner Wolfe's post-hoc "scheduling conflict" assertion and allowed a proper opportunity to conduct the remedial meeting. b.

Appellees' Arguments. Appellees respond that Commissioner Wolfe complied with the spirit and intent of Corr. Servs. § 10-910(b)(6). He followed (or attempted to follow) each of the steps in Corr.

Servs. § 10-910(b)(6), but it was only the unforeseeable recording equipment malfunction that caused him to come up short. Commissioner Wolfe overcame the mechanical glitch by capturing the contents of the initial penalty increase meeting in the memorandum to Secretary Moyer. Appellees argue that Appellant had every opportunity to "say whatever he desired to the appointing authority regarding the penalty." Moreover, Appellant failed to address how an absence of an audio record of the penalty increase meeting would change the outcome of the case. Thus, the inadvertent malfunction worked no violation of the rights of Appellant. c.

Standard of Review On review of an administrative agency's ruling, this Court reviews the agency's decision, not the circuit court's decision. Halici v. City of Gaithersburg , 180 Md. App. 238 , 248, 949 A.2d 85 , 91 (2008) (citing Anderson v. Gen. Cas. Ins.

Co ., 402 Md. 236 , 244, 935 A.2d 746 , 750 (2007) ). Our goal is to determine whether the agency's holding is in accordance with the law or whether it is arbitrary, illegal, or capricious. Md. Dep't of the Env't v. Ives , 136 Md. App. 581 , 585, 766 A.2d 657 (2001) (citation omitted). We "apply a limited standard of review and will not disturb an administrative decision on appeal if substantial evidence supports factual findings and no error of law exists." Long Green Valley Ass'n v. Prigel Family Creamery , 206 Md. App. 264 , 273-74, 47 A.3d 1087 , 1092 (2012) (quoting Tabassi v. Carroll County Dep't of Soc.

Servs. , 182 Md. App. 80 , 86, 957 A.2d 620 , 623 (2008) ). When, however, "the question before the agency involves one of statutory interpretation or an issue of law, our review is more expansive." Eastern Outdoor Advert. Co. v. Mayor & City Council , 146 Md. App. 283 , 302, 807 A.2d 49 , 60 (2002) (quoting Dep't of Labor, Licensing & Regulation v. Muddiman , 120 Md. App. 725 , 734, 708 A.2d 47 , 52 (1998) ). We must determine whether an agency's legal conclusions are correct.

Hranicka v. Chesapeake Surgical, Ltd. , 443 Md. 289 , 297-298, 116 A.3d 507 , 512 (2015) (quotations and citation omitted). It is for this reason that we review, without deference, the findings made below. See Ireton v. Chambers , 229 Md. App. 149 , 155, 143 A.3d 215 , 218 (2016) (citing Gomez v. Jackson Hewitt, Inc. , 427 Md. 128 , 142, 46 A.3d 443 , 451 (2012) ). d. The Plain Language of Corr.

Servs. § 10-910(b)(6) is Mandatory. It is presumed that all "[l]egislation is created with a particular objective or purpose." Bowers v. State , 227 Md. App. 310 , 322, 133 A.3d 1254 (2016) (citation omitted). As such, "[t]he cardinal rule of statutory construction is to effectuate and carry out legislative intent." Duffy v. CBS Corp. , 232 Md. App. 602 , 612, 161 A.3d 1 (2017) (quoting Rose v. Fox Pool Corp. , 335 Md. 351 , 359, 643 A.2d 906 , 909 (1994) ), cert. granted , No. 41, Sept. Term, 2017 (Md. Sept. 12, 2017). Therefore, courts assume that every statute is enacted to further some underlying goal or purpose and must be construed according to its general purposes and policies.

Rose v. Fox Pool Corp. , 335 Md. 351 , 358-59, 643 A.2d 906 , 909 (citing Kaczorowski v. City of Baltimore , 309 Md. 505 , 513, 525 A.2d 628 , 632 (1987) ). When we are called upon to construe a statute, "we begin with the statutory language itself since the words of the statute, construed according to their ordinary and natural import, are the primary source and most persuasive evidence of legislative intent." Duffy , 232 Md. App. at 613 , 161 A.3d at 7 (quoting Rose , 335 Md. at 359 , 643 A.2d at 909 (citing Comptroller of the Treasury v. Jameson , 332 Md. 723 , 732, 633 A.2d 93 , 97-98 (1993) )). "The statute must be construed as a whole so that no word, clause, sentence or phrase is rendered surplusage, superfluous, meaningless or nugatory." Rose , 335 Md. at 359 , 643 A.2d at 909 (citing Condon v. State , 332 Md. 481 , 491, 632 A.2d 753 , 758 (1993) ). Morris v. Prince George's County , 319 Md. 597 , 603, 573 A.2d 1346 , 1349 (1990), rationalized, however, that: our endeavor is always to seek out the legislative purpose, ... we are not limited to [the] study of the statutory language.

The plain meaning rule is not a complete, all-sufficient rule for ascertaining a legislative intention. The meaning of the plainest language is controlled by the context in which it appears. Thus, we always are free to look at the context within which statutory language appears. Even when the words of a statute carry a definite meaning, we are not precluded from consulting legislative history as part of the process of determining the legislative purpose or goal of the law.

(Internal citations and quotation marks omitted). If a statute's language is ambiguous or seems to run counter to its statutory purpose, however, we may: search for [the General Assembly's intent] ..., including the history of the [statute] or other relevant sources intrinsic and extrinsic to the legislative process[,] in light of: (1) the structure of the statute; (2) how [the statute] relates to other laws; (3) the statute's 'general purpose; and (4) [the] relative rationality and legal effect of various competing constructions. Hailes v. State , 442 Md. 488 , 495-96, 113 A.3d 608 , 612 (2015) (internal quotation marks omitted). With these principles in mind, we perceive no need to consider the legislative history of Corr.

Servs. § 10-910(b)(6) because its plain meaning is clear that an appointing authority is obliged to conform to (b)(6)(i) through (iv). We begin by considering the phrase "[w]ithin 30 days after receipt of the recommendations of the hearing board" in Corr. Servs. § 10-910(b)(1) (emphasis added). The proper application of this provision determines whether the 30-day clock for the Commissioner to act began to run after the Hearing Board rendered its decision (16 November 2015), 15 or when Commissioner Wolfe acknowledged receipt of the Hearing Board's recommendation (23 November 2015).

Apparently, the circuit court assumed the former when it found that "the penalty increase hearing was rescheduled for [17 December 2015], outside of the statutory time frame ." (emphasis added). We disagree. The explicit focus of the statute is the date on which Commissioner Wolfe acknowledged receipt of the Hearing Board's decision. As explained earlier, cases interpreting the LEOBR are persuasive when analyzing the provisions of the COBR.

The LEOBR was the model for the COBR, e.g., the two bear a strong resemblance. Md. Code (2003, 2011 Repl. Vol.) § 3-108(d)(1) of the Public Safety Article (Pub. Safety) states that "[w]ithin 30 days after receipt of the recommendations of the hearing board, the chief shall ...." Corr.

Servs. § 10-910(b)(1) states that "[w]ithin 30 days after receipt of the recommendations of the hearing board, the appointing authority shall ...." 16 The only difference is the substitution of the words "appointing authority" in Corr. Servs. § 10-910(b)(1). The Court of Appeals confirmed in Popkin v. Gindlesperger , 426 Md. 1 , 5, 43 A.3d 347 , 350 (2012), that the head of a law enforcement agency generally has the ultimate authority to sanction an officer under Pub. Safety § 3-108(d)(3).

Further, in Maryland-National Capital Park & Planning Comm'n v. Anderson , 164 Md. App. 540 , 576, 884 A.2d 157 , 178 (2005), we recounted the 30-day time requirement of Pub. Safety § 3-108(d) in an illustration of the statute's operation upon a hearing board's finding of guilt as to charges. We noted "[u]nder [Pub. Safety] § 3-108(d)(1)(ii), upon a finding of guilt and suggested discipline by the Board, the matter is then forwarded to the chief for review , and the chief is required to 'issue a final order.' " Id.

(citing Pub. Safety §§ 3-108 (d)(1)(i), (ii) ) (emphasis added). The chief will then have 30 days to issue his/her order. We find Popkin's and Anderson's LEOBR rationales persuasive in construing and applying Corr.

Servs. § 10-910(b)(1). "[T]he plain meaning rule is not a complete, all-sufficient rule for ascertaining a legislative intention. The meaning of the plainest language is controlled by the context in which it appears." Morris , 319 Md. at 603 , 573 A.2d at 1349 (1990). Pub.

Safety § 3-108(d) follows the " review by chief and final order " in-text heading evincing that Pub. Safety § 3-108(d) grants the authority to the chief to issue a final decision. (emphasis in original). Thus, it falls to the chief to "review the findings, conclusions, and recommendations of the hearing board" and "issue a final order" within "30 days after receipt of the recommendations of the hearing board." Corr.

Servs. §§ 10-910(b)(1)(i), (ii). The subject of the sentence, i.e., the appointing authority, in Corr. Servs. § 10-910(b)(1), follows the prefatory statement that the appointing authority has 30 days after acknowledging receipt of the hearing board's recommendation to render its decision, which would be the final agency action. It is not logical to conclude, from the plain language of Corr.

Servs. § 10-910(b), that the 30 days should begin to run when the hearing board renders its decision. Ordinarily, the hearing board's written recommendation as to punishment may not be binding upon the chief or appointing authority. Popkin , 426 Md. at 5 , 43 A.3d at 350 (2012) ; see Anderson , 164 Md. App. at 576 , 884 A.2d at 178 (citing a handwritten notation made at the time of the second reading of S.B. 1026 (the predecessor to the LEOBR), on 26 March 1977 noting, "the written recommendations [of the hearing board] are not binding upon the Chief. Within 30 days of receipt of the hearing board's recommendations, the chief shall review the findings, conclusions, and recommendations of the hearing board and then he shall issue his final order.").

The statutory scheme offers the putative agency decision-maker final say as to an officer or correctional officer's punishment, if that authority acts timely and in accordance with the prescribed steps. These tasks must be satisfied within 30 days after acknowledgment of receipt of the Hearing Board's recommendation, unless the correctional officer agrees to an extension of time, i.e., a waiver. To conclude that the plain meaning of Corr. Servs. § 10-910(b)(1) was that the 30-day period commenced when the Hearing Board rendered its decision would insert, moreover, a phantom meaning to an otherwise evident and forthright statutory intent.

It would result in a diminished 30-day window for the ultimate decision-maker to assess the merits of the recommended punishment and render its final judgment. The statute declines to concern itself with the modality of delivery of the Hearing Board's decision to the appointing authority. We conclude that the plain meaning of Corr. Servs. § 10-910(b)(1) provides the appointing authority 30 days to render a final order, commencing when it acknowledges receipt of the Hearing Board's recommendation.

Here, Commissioner Wolfe acknowledged receipt of the Hearing Board's proposed punishment on 23 November 2015. Thus, the 30-day window for satisfying the recorded increased penalty meeting requirement and rendering a final penalty decision expired on 23 December 2015. Next, we consider the merits of the parties' contentions regarding whether the terms of Corr. Servs. § 10-910(b)(6) are mandatory in nature or may be satisfied by substantial compliance.

Appellant contends that subsection (b)(6) compels the appointing authority to comply with each statutorily-mandated step. Appellees, on the other hand, aver that substantial compliance, or compliance with the "letter and spirit of the statute," can be sufficient. We are obliged to agree with Appellant. Courts should neither add words nor delete words from a clear and unambiguous statute in order to give it a meaning not reflected by the language the Legislature chose to use.

Taylor v. NationsBank, N.A. , 365 Md. 166 , 181, 776 A.2d 645 , 654 (2001). Thus, we must consider the written words in conjunction with the context in which they appear in the statute. Corr. Servs. §§ 10-910(b)(1), (b)(4), and (b)(5) all contain "shall," followed by specific statutory directions. 17 The use of "shall" is key: "[O]rdinarily, the word 'shall,' unless the context within which it is used indicates otherwise, is mandatory when used in a statute, and thus denotes an imperative obligation inconsistent with the idea of discretion." Bright v. Unsatisfied Claim and Judgment Fund Board , 275 Md. 165 , 169, 338 A.2d 248 , 251 (1975).

As noted, three of the six subsections in Corr. Servs. § 10-910(b) relating to the duties of the appointing authority employ "shall." The use of this important word in the subsection (b)(1) list, coupled with a semicolon followed by "and," indicates that the General Assembly meant that the subsection (b)(6) list set-out a mandatory regimen. Looking also to the prefatory language of the LEOBR, "[t]he chief may increase the recommended penalty of the hearing board only if the chief personally ...." Pub. Safety § 3-108 (d)(1)(i).

The prefatory language of Corr. Servs. § 10-910(b)(6) states, by the same token, "the appointing authority may increase the recommended penalty of the hearing board if the appointing authority ...." Even in the absence of a corresponding use of "only" and "personally" in Corr. Servs. § 10-910(b)(6), we find persuasive nonetheless the mandatory nature of Pub. Safety § 3-108(d)(1), similar to our reasoning in Hird v. City of Salisbury , 121 Md. App. 496 , 503, 710 A.2d 352 , 356 (1998) (finding that the plain language of LEOBR § 731(c) 18 calls upon the chief to take enumerated steps, including meeting with the officer, before increasing the recommended penalty.).

A plain reading indicates that the appointing authority must comply with (b)(6)(i), (ii), (iii), and (iv) before it may increase a hearing board's proposed penalty. This conclusion is congruent with the purpose of the statute 19 and compels mandatory compliance within the statutorily-prescribed time or a valid extension of that time. For example, in Dep't of Juvenile Services v. Miley , 178 Md. App. 99 , 105-06, 940 A.2d 1137 , 1141 (2008), and Ford v. Dep't of Pub. Safety & Corr.

Services , 149 Md. App. 488 , 497, 817 A.2d 264 , 270 (2003), we found compliance mandatory for the steps promulgated in Md. Code (1993, 2015 Repl. Vol.), § 11-106(a) of the State Personnel & Pensions Article (SPP). 20 This section outlines compulsory pre-disciplinary procedural steps an appointing authority must take before punishing a general state employee not covered by a different statutory process. It provides a limitation on the ability of an appointing authority to impose a disciplinary action by prefacing any action with five mandatory features. Even if substantial compliance was a viable defense, we disagree with Appellees that the Commissioner's efforts would constitute substantial conformance, or satisfy the "letter and spirit" of the statute.

If we were to recognize some sort of electrical equipment malfunction exception to Corr. Servs. § 10-910(b)(6)(ii) to excuse the shortcomings in Commissioner Wolfe's actions, we would be adding effectively words to an unambiguous statute. If an exception is to be countenanced, it is up to the General Assembly to adopt such. We hold that Corr.

Servs. § 10-910(b)(6) mandates that, before an appointing authority may impose a heightened disciplinary action, it must preface that action with the completion of four mandatory steps. The