Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

White v. Register of Wills of Anne Arundel County

Court of Special Appeals of Maryland

May 1, 2014

DARLENE WHITE
v.
REGISTER OF WILLS OF ANNE ARUNDEL COUNTY, MARYLAND

Appeal from the Circuit Court for Anne Arundel County, Diane O. Leasure, Judge.

Argued by: Puja Gupta (Cary J. Hansel, III, Joseph, Greenwald & Laake, PA on the brief) all of Greenbelt, MD for Appellant.

Argued by: Beatrice Nunez-Bellamy (Douglas F. Gansler, Attorney General on the brief) all of Baltimore, MD for Appellee.

Panel: Graeff, Berger, Arthur, JJ.

OPINION

Page 1214

[217 Md.App. 189] Arthur, J.

This case concerns whether appellant Darlene White, the former Chief Deputy Register of Wills for Anne Arundel County, was an employee of the executive branch or of the judicial branch. If Ms. White was an executive branch employee, she can bring a whistleblower complaint under the Maryland Whistleblower Law, Md. Code (1993, 2009 Repl. Vol.) § 5-305 of the State Personnel and Pensions Article; if she was a judicial branch employee, she cannot.

The Department of Budget and Management, the Office of Administrative Hearings, and the Circuit Court for Anne Arundel concluded that Ms. White was a judicial branch employee and, thus, was not permitted to bring a whistleblower complaint. We agree and, therefore, affirm.

Factual and Procedural History

This appeal stems from Ms. White's termination as Chief Deputy Register of Wills for Anne Arundel County on January 31, 2012. Ms. White contends that she was terminated in retaliation for a complaint that she filed against her former boss, the Register of Wills for Anne Arundel County, with the Department of Budget and Management (" DBM" ) on December 19, 2011. She seeks protection under the Maryland Whistleblower Law, Md. Code (1993, 2009 Repl. Vol.) § 5-305 of the State Personnel and Pensions Article.

Before her termination, Ms. White called the DBM to inquire about whether the Maryland Whistleblower Law, Md. Code (1993, 2009 Repl. Vol.) § 5-305 of the State Personnel and Pensions Article, would protect her from reprisals if she filed a complaint. According to Ms. White, an employee of DBM told her that she would be protected because her position as Chief Deputy Register of Wills made her an executive branch employee. She claims that, in reliance on that advice, she filed a whistleblower complaint under Md. Code (1993, 2009 Repl. Vol.) § 5-305 of the State Personnel and Pensions Article with DBM.

[217 Md.App. 190] After Ms. White was terminated, DBM dismissed her complaint for lack of jurisdiction, reasoning that Ms. White was a judicial branch employee, but that the whistleblower statute applied only to executive branch employees.[1] Ms. White appealed to the Office of Administrative Hearings (" OAH" ), which affirmed that DBM did not have jurisdiction over the complaint because Ms. White was a judicial branch employee.

Page 1215

As stated above, Ms. White filed a petition for judicial review in the Circuit Court for Anne Arundel County. The circuit court affirmed OAH's ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.