(a) Hearing requirements. Hearings before the board are quasi-judicial in nature and shall be conducted in formal session in accordance with the provisions and authority contained in the county administrative procedures act. Board members shall be provided orientation and training as required to properly implement the requirements of the county administrative procedures act and conduct administrative evidentiary proceedings. With respect to hearings which go beyond one (1) session, the board shall endeavor to schedule such hearings so that a minimum amount of time elapses between sessions. When required for continuity and minimum loss of time in concluding a case, the board shall also endeavor to schedule hearings during daytime, weekday hours. Hearing shall be open to the public with reasonable notice, if requested by the employee.
(b) Board counsel. The board may request special counsel when the board and the county attorney determine that a representational conflict exists within the county attorney's office. The special counsel shall be an individual acceptable to the board. The county attorney may assign an attorney to the board as its general counsel who shall represent the board exclusively on matters concerning the merit system.
(c) Decisions. Final decisions by the board shall be in writing, setting forth necessary findings of fact and conclusions of law. A copy of such decision shall be furnished to all parties. The board shall have authority to order appropriate relief to accomplish the remedial objectives of this article, including but not limited to the following:
(1) Order retroactive promotion or reclassification with or without back pay;
(2) Order change in position status, grade, work schedule, work conditions and work benefits;
(3) Order priority consideration be given to an employee found qualified before consideration is given to other candidates;
(4) Order reinstatement with or without back pay, although the chief administrative officer may reinstate either to a position previously held or to a comparable position of equal pay, status and responsibility;
(5) Order cancellation of personnel actions found in violation of law or personnel regulation provided that such action may not without due process, adversely affect the employment rights of another employee;
(6) Grant employee participation in an employee benefit previously denied (training, educational program or assistance, preferential or limited work assignments and schedules, overtime pay or compensatory leave);
(7) Order removal from administrative or personnel records any reference or document pertaining to an unwarranted disciplinary or adverse personnel action;
(8) Order corrective measures as to any management procedure adversely affecting employee pay, status, work conditions, leave or morale;
(9) Order the county to reimburse or pay all or part of the employee's reasonable attorney's fees. The reasonableness of the attorney fees shall be determined by the following factors;
a. Time and labor required;
b. The novelty and complexity of the case;
c. The skill requisite to perform the legal service properly;
d. The preclusion of other employment by the attorney due to acceptance of the case;
f. Whether the fee is fixed or contingent;
g. Time limitations imposed by the client or the circumstances;
h. The experience, reputation and ability of the attorneys; and
i. Awards in similar cases;
(10) Order such other and further relief as may be deemed appropriate consistent with the charter and laws of Montgomery County. (1979 L.M.C., ch. 24, § 2; 1982 L.M.C., ch. 40, § 5; 1983 L.M.C., ch. 17, § 2.)
Editor’s note—Section 33-14 is cited in Kensington Volunteer Fire Department v. Montgomery County, 163 Md. App. 279, 878 A.2d 662 (2005), where the Court held that a volunteer firefighter who seeks review before the Merit System Protection Board of a decision of the Fire and Rescue Commission is entitled to attorney’s fees as if he were a merit system employee. Section 33-14 is cited in Montgomery County, Maryland v. Jamsa, 153 Md. App. 346, 836 A.2d 745 (2003); in Haub v. Montgomery County, 353 Md. 448, 727 A.2d 369 (1999); and in Robinson v. Montgomery County, 66 Md.App. 234, 503 A.2d 275 (1986).
See County Attorney Opinion dated discussing the authority and role of the Merit System Protection Board and the role of the County Attorney as legal adviser.
