Prince George's County v. State of Maryland Commission on Human Relations

Gilbert, C. J., delivered the opinion of the Court. We herein hold that the State of Maryland Commission on Human Relations (Commission) does not possess the authority to subpoena certain records pertaining to arrests made by the Prince George’s County Police Department (Department). Accordingly, we reverse the judgment of the Circuit Court for Prince George’s County, Before we explain why we have concluded that the Commission lacks the power to subpoena records of the Department relative to charges of “police brutality,” we shall briefly recount the factual situation from which this matter arose. THE FACTS Following receipt of citizens’ complaints of acts of brutality supposedly committed by personnel of the Department, the Commission undertook to survey the situation.

In order to ascertain the facts surrounding the incidents that led to complaints having been filed with the Commission against the Department, an Intergroup Relations Representative , 1 visited the Department on July 8,1976. A verbal request was made by the Commission’s investigator for data pertinent to the survey. The Department offered to supply only the names of the officers allegedly involved and to afford the Commission investigator an opportunity to interview those officers. The Department declined to furnish any information over and above the names and opportunity for an interview.

Subsequent written requests made by the Commission to the ⁴⁷⁵ Department were rejected. The Commission refused to be blocked by what it apparently believed to be the Department’s wall of non cooperation, and it served upon the Chief of the Police Department a subpoena duces tecum signed by the Commission’s then Chairman. The subpoena “directed” the Chief to deliver to the Commission thirteen (13) specifically enumerated items. 2 Delivery was to be made at the Commission’s Mondawmin Mall office in Baltimore City before noon, September 3,1976. That deadline passed without the Department’s having complied.

For almost a year the matter seemingly lay dormant. 3 Finally, on August 26, 1977, the Commission filed a petition in the circuit court for an order directing the Department and the Chief to provide the “documents referred to in the subpoena duces tecum issued August 25, 1976----” The Department and the Chief demurred to the petition, and before the demurrer was heard, the Commission moved for summary judgment. The demurrer and motion were heard before the circuit court which, in a written “Opinion and Order of Court,” overruled the demurrer of the Department and the Chief. Thirteen (13) days later, the court granted the Commission’s motion for summary judgment, entered judgment against the Department and the Chief, and ordered the Chief to deliver the subpoenaed material to the Commission. The Department and the Chief appealed.

Because the case would have been mooted by compliance with the circuit court’s order, we granted a stay of that order pending disposition on the merits by this Court. THE LAW By Laws 1951, ch. 548, codified as Md. Ann. Code art. 49B, ⁴⁷⁶ titled “Interracial Commission” 4 was amended. Section 3 of ch. 548 provided that: “The ... Commission shall have authority and power to make such surveys and studies concerning interracial relations, conditions and problems as it may determine [ 5 ] to promote in every way possible the welfare of the colored race and [ 6 ] the betterment of interracial relations____ “It shall be the duty of said Commission to submit an anhual report to the Governor and General Assembly bn or before January 1st each year, setting forth the results of its studies and recommendations, if any, for any additional legislation.” In 1968, Md. Ann. Code art. 49B, §§ 1, 3 and 12 were repealed and reenacted with amendments.

The Commission name was changed to “Human Relations Commission.” Section 3 wsis changed by striking wherever it appeared the word “interracial” and substituting in lieu thereof the word “human.” Laws 1968, ch. 83. Notwithstanding chapter 83, the same session of the Legislature enacted chapter 464, approved by the then Governor, a month after chapter 83 had been signed into law. Chapter 464 amended section 3, The amendment made no reference to “Human” but referred to the “Interracial Commission” and “interracial relations.” The 1969 General Assembly attempted to clear up the legislative haze. The “Human Relations Commission” was established, and its powers and duties were enumerated.

Oddly, however, Laws 1969, ch. 153, § 3 (A) continued to refer to “interracial relations,” while Md. Ann. Code art. 49B, § 3 ⁴⁷⁷ (a) used the terminology “human relations.” Since it is the Session Laws that govern, the discrepancy continued until the 1977 revision. The 1977 legislative session amended section 3 of Md. Ann. Code art. 49B. That section, at the time the matter was heard in the circuit court, provided in pertinent part: “(a) The Commission may make such surveys and studies concerning human relations, conditions and problems as it may determine, and to promote in every way possible the betterment of human relations. In making studies and surveys, it may expend any funds provided for in the budget or otherwise made available.

On the basis of studies or surveys, the Commission may recommend to the Governor [ 7 ] additional legislation or changes in existing legislation. (c) Whenever any problem of racial discrimination arises, the Commission immediately may hold an investigatory hearing. The place of any hearing shall be in the area where the problem exists. The purpose of the hearing shall be to resolve the problem promptly by the gathering of all the facts from all the interested parties and making such recommendations as may be necessary.” (Emphasis supplied.) That statute goes on to prohibit discrimination in public accommodations, section 11; declaring it to be unlawful to receive renumeration for participating in racial demonstrations, section 11A; mandating that agencies, offices, and employees of the State may not engage in discriminatory practices, section 11B; proscribing discrimination by any person, firm, or corporation licensed or regulated by the Department of Licensing and Regulation, section 11C; specifying the enforcement powers of the Commission, ⁴⁷⁸ including investigations, hearings, and enforcement, sections 12-15; establishing the confidential nature of the investigation, section 16; prohibiting discrimination in employment, section 17; defining the terms as used in the subtitle, section 18; enumerating unlawful employment practices, section 19; mandating that pregnancies or child birth are to be treated as temporary disabilities, section 19A; exempting from the employment provisions certain religious corporations and associations, educational institutions, and others, section 20; banning discrimination in housing, section 21; setting out those practices it deems unlawfully discriminatory in housing, section 22; prohibiting “block busting,” section 22A; precluding discrimination on the basis of race, creed, marital status, sex, national origin, incapacity, or the like by banks, savings and loán institutions, credit unions, insurance companies, and others engaging in making mortgages or loans for the purchase or improvement of dwellings, section 23. 8 The authority conferred on the Commission by the phrase “and to promote in every way possible the betterment of human relations,” as italicized in the quotation, from section 3 above, appears to be all encompassing so long as the Commission determines that its study or survey concerns human relations.

Nevertheless, the phrase may not be lifted out of the statute so as to confer upon the Commission powers never granted to it by the Legislature. The statute must be read as a whole. State v. Fabritz, 276 Md. 416, 421 , 348 A. 2d 275, 278 (1975), cert. denied, 425 U. S. 942 (1976); accord, Comptroller of Treasury v. Mandel, Lee, Goldstein, Burch Re-election Comm., 280 Md. 575, 578-80 , 374 A. 2d 1130, 1132 (1977). When so read, we think it apparent that the Commission’s authority is not boundless, and that its thrust is directed toward three principal areas: public accommodations, housing, and employment.

If the quoted phrase means what it facially seems to say, then Md. Ann. Code art. 49B, §§11 through 23, are surplusage. Further ⁴⁷⁹ more, if the phrase is taken literally, the Commission would be empowered to investigate just about every aspect of human behavior, official, non-official, public, or private. It would be, in essence, a “super agency” with awesome powers. We think it clear that the Legislature never intended to confer such limitless authority upon any agency of the State.

Indeed, we believe the Legislature, in delegating to the Commission the task of “promoting in every possible way the betterment of human relations,” meant that the Commission was to study ways and means of promoting goodwill and harmonious relations between persons of different races, creeds, colors, religions, sexes, ages, and national origins, and to recommend to the Governor proposed legislation designed to further that end. Notwithstanding the limitations on the Commission’s power, it has been held that the Commission may issue subpoenas when it is investigating complaints of discrimination. Soley v. State Comm’n on Human Relations, 277 Md. 521 , 356 A. 2d 254 (1976); Banach v. State Comm’n on Human Relations, 277 Md. 502 , 356 A. 2d 242 (1976); Augusta Bldg. & Loan Ass’n v. State Comm’n on Human Relations, 39 Md. App. 466 , 387 A. 2d 618 (1978); Vermont Federal Savings & Loan Ass’n v. State Comm’n on Human Relations, Id. A question immediately surfaces, i.e., does “study and survey” mean to investigate?

If so, then the Commission, pursuant to sections 3 and 14 (d), would be authorized to issue the subpoena and in the event of non-compliance by the recipient thereof, to seek the aid of the courts in compelling production of the subpoenaed material. Md. Ann. Code art. 49B. § 14 (d). 9 The word “study” has among its myriad of meanings, “to inquire into; investigate: study the mood of the country. ” The American Heritage Dictionary of the English Language. ⁴⁸⁰ (1970 ed.). See also Webster’s Third New International Dictionary of the English Language Unabridged (1976 ed.). “Survey” is defined inter alia as “[a] detailed inspection or investigation.” The American Heritage Dictionary of the English Language (1970 ed.). See also generally Webster’s Third New International Dictionary of the English Language Unabridged (1976 ed.). “Words express whatever meaning convention has attached to them,” 10 and convention has attached to “study and survey” the plain meaning of “to investigate.” As Mr. Justice Holmes said in United States v. Brown, 206 U. S. 240, 244 , 27 S. Ct. 620 , 51 L. Ed. 1046 (1907), “[Whatever the consequences, we must accept the plain meaning of plain words.” The consequences of the meaning of “study and survey” are that, pursuant to Md. Ann. Code art. 49B, § 14 (d), the Commission may issue a subpoena for relevant documents, papers, records, and witnesses whenever the Commission determines it necessary to so do in order to carry out the responsibilities placed upon it by the Legislature.

Md. Ann. Code art. 49B, § 3. Contrary to the view of the Department-appellant, the Commission is empowered to issue a subpoena whenever that course of action is dictated in furtherance of a study or survey that has been undertaken by the Commission in pursuit of its assigned task to resolve racial problems promptly. We are supported in our conclusion that the Commission may subpoena relevant materials to aid it in carrying out its function by Banach v. State of Maryland Comm’n on Human Relations, supra. Judge Levine, for the majority, 11 said in Banach : “[I]t is argued that the only ‘proceedings’ for which subsection (d) authorizes subpoenas are the investigation prescribed by § 13 and the § 14 hear ⁴⁸¹ ing.

This contention that the subpoena power is limited to the post-complaint investigation and hearing stages finds no support in the language of § 14 (d) itself. First, the opening sentence, ‘In the administration and enforcement of the provisions of these several subtitles,’ suggests a distinction between the ‘administrative’ and ‘enforcement’ functions of the commission. Siftce only §§ 12-16 of Art. 49B are grouped under the ‘enforcement’ subtitle, the General Assembly apparently intended to extend the use of subpoenas even to areas beyond enforcement investigations and hearings. One such area is suggested by § 3 which empowers the commission, ‘[w]henever any problem of racial discrimination arises, [to] hold an investigatory hearing’ for the purpose of promptly resolving the problem ‘by the gathering of all the facts from all the interested parties and making such recommendations as may be necessary.’ The ‘enforcement’ subtitle, in any event, is merely one of five subtitles contained in Art. 49B.

Even more significant, in terms of the statutory language, is the use of the word ‘proceedings’ in § 14(d) rather than ‘hearings.’ In our view, this further reflects an intent on the part of the Legislature to authorize subpoenas beyond the narrow limits urged by appellants. Administrative investigations, a vital part of the administrative function, are commonly referred to as ‘proceedings.’ See 1 K. Davis, Administrative Law § 3.01 (1958). The word ‘proceedings’ is a term of broad scope, encompassing both the investigative and adjudicative. functions of an administrative agency. United States v. Fruchtman, 421 F. 2d 1019, 1021 (6th Cir.), cert. denied, 400 U. S. 849 (1970); Rice v. United States, 356 F. 2d 709, 715 (8th Cir. 1966).

Our conclusion that the word ‘proceedings’ was used in its broad sense here is reinforced by the provision in the Maryland Administrative Procedure Act, Code ⁴⁸² (1957, 1971 Repl. Vol.) Art. 41, § 244 (c), which, in defining the term ‘contested case,’ clearly ascribes a somewhat broader meaning to the term ‘proceedings’ than to ‘an agency hearing,’ ” 277 Md. 509 -10. This case does not end, however, with a determination that the Commission may issue subpoenas in order to conduct studies and surveys. The next question is obvious, may it subpoena police records in furtherance of its “study and survey” function?

Equating, as we must, “study and survey” with “investigate” we now turn our attention to Md. Ann. Code art. 27, §§ 727-734D, known as the “Law-Enforcement Officers’ Bill of Rights.” The Law-Enforcement Officers’ Bill of Rights, enacted as Laws 1974, ch. 722, was codified, as we have observed, in Md. Ann. Code art. 27, §§ 727-734. Section 728 (b) (4) provides that “[a] complaint against a law-enforcement officer, alleging brutality in the execution of his duties, may not be investigated unless the complaint be duly sworn to ... before an official authorized to administer oaths.” We note that the “Petition for Order Directing Production of Documents,” as filed by the Commission in the circuit court, averred that it had made “[o]n or about July 8,1976, a verbal, on-site request for documents considered relevant and necessary. ... The questions [sic] related to numerous complaints received by the Commission alleging police brutality and harassment against Blacks in Prince George’s County.” (Emphasis supplied.) While the petition, as filed by the Commission, asseverates “numerous complaints,” it does not contain a statement that the complaints have been “duly sworn to before an official authorized to administer oaths.” Hence, it is defective in that degree. 12 ⁴⁸³ Furthermore, section 728 (b) mandates that “[w]henever a law-enforcement officer is under investigation or subject to interrogation by a law-enforcement agency, for any reason which could lead to disciplinary action, demotion or dismissal, the investigation or interrogation shall be conducted” in accordance with the Law-Enforcement Officers’ Bill of Rights. Even though the Commission performs functions which enforce the laws against discrimination, it is not a “law-enforcement agency” as that term is generally defined, 13 nor is it such an agency with respect to the “Law-Enforcement Officers’ Bill of Rights.” As used in section 728 (b) of Article 27, “law-enforcement agency” means: “(1) The Maryland State Police; or (2) The Baltimore City police department; or (3) The police department, bureau or force of any county; or (4) The police department, bureau or force of any incorporated city or town; or (5) The office of the sheriff of any county; or (6) The police department, bureau or force of any bicounty agency or the University of Maryland; or (7) The State Aviation Administration police force of the Department of Transportation, the Mass Transit Administration police force of the ⁴⁸⁴ Department of Transportation, the Maryland toll facilities police force of the