Goodman v. Clerk of the Circuit Court

Cole, J., delivered the opinion of the Court. The issue presented in this case is whether the Clerk of the Circuit Court for Prince George’s County should be compelled to administer the oath of office to William J. Goodman as a member of the Maryland-National Capital Park and Planning Commission (Commission). The Circuit Court for Prince George’s County dismissed Goodman’s suit requesting a writ of mandamus to issue compelling said action on the ground that Goodman’s appointment by the County Executive was invalid and of no legal effect. Goodman appealed to the Court of Special Appeals; however, we granted certiorari prior to consideration by that court.

The Commission is a state agency authorized by Maryland Code (1957,1978 Repl. Vol.), Art. 66D, § 5-101 (a) and (b) to acquire, by gift, purchase or condemnation, land or other property within the Maryland-Washington Metropolitan District, comprising Montgomery and Prince George’s Counties, for the purpose of public recreation or the construction of public recreation centers. Section 2-101 of Art. 66D establishes that the Commission is to be composed of ten members, five from Montgomery County and five from Prince George’s County, not more than three of whom from each county may be of the same political party. In Prince George’s County, appointments are to be made by the County Executive, subject to approval by the ³²⁷ County Council.

If the Council fails to act within 30 days the appointment is automatically approved. Section 2-102 of the Article provides that the term of each member is to be four years, to begin on June 15 of any one year, and that appointments are to be made on or before that date. Under § 2-103, if a vacancy occurs before the expiration of a term, the person appointed by the Prince George’s County Executive to fill out that term must be of the same political party as his predecessor. 1 Prior to the events which gave rise to the instant case, the five members of the Commission from Prince George’s County were Wilmer C. "Bud” Dutton (term to expire June 15, 1979), Ann Hopper (term to expire June 15, 1979), Dr. John W. Churchill (term to expire June 15, 1980), Raymond W. LaPlaca (term to expire June 15, 1981), and Edwin H. Brown, Sr. (term to expire June 15, 1982).

On January 30, 1979, County Executive Lawrence J. Hogan appointed John B. Burcham, Jr., to be a member of the Commission for a term expiring on June 15, 1981, which office had been vacated by LaPlaca. This appointment was confirmed by the Prince George’s County Council. On June 6, 1979, the County Executive appointed Ann C. Shoch to replace Hopper, whose term was to expire on June 15, 1979. This appointment was also confirmed.

On March 11, 1980, the County Executive submitted the name of Dr. John H. Cumberland to the Council in a memorandum which stated that he was appointed "Replacing W. C. Dutton. Term Expiring: June 15, 1983.” Dutton had resigned, effective December 30, 1978. On April 22, 1980, forty-two days later, however, the Council rejected Cumberland on the premise that the 30-day period described above was to be computed according to the number of busi ³²⁸ ness days, instead of the number of calendar days, as per Md. Code (1957,1979 Repl. Vol.), Art. 94, § 2.

The County Executive thereafter submitted Goodman’s name to the Council on May 21, 1980, in a memorandum which stated that he was "Replacing W. C. Dutton, who resigned. Term Expiring: June 15, 1983.” Thirty-six calendar days later, on June 26, 1980, the Council rejected Goodman. A memorandum from the County Executive, dated June 26,1980, was transmitted to the Council and stated that since Dr. Cumberland had been confirmed as a member of the Commission by operation of law, Mr. Goodman was being appointed to fill a different position, that of Dr. John W. Churchill, which had expired June 15, 1980. On July 15, 1980, the Council again rejected Goodman as an appointee, and the Clerk of the Circuit Court refused Goodman’s request to administer to him the oath of office.

Goodman’s contentions are manifold. He contends that he was appointed on May 21, 1980, that a vacancy (Dr. Churchill) occurred on June 15, 1980, that the Council did not act within thirty (30) days of May 21st and, therefore, he was confirmed by operation of law. He maintains that the reference in the County Executive’s letter of May 21st to the Dutton vacancy was mere surplusage and of no significance since the statute does not require the Executive to designate the vacancy to be filled. In other words, Goodman argues that it is the statutory term which is significant, not the slot actually specified by the Executive.

Thus, Goodman contends that since his appointment is presumed to be valid, even if no vacancy existed at the time of the May 21st letter, if a vacancy in fact occurred thereafter by operation of the statute, as it did on June 15,1980, he was entitled to