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DEPT. OF CORRECTIONS v. HOWARD

No. 15, September Term, 1995.

339 Md. 357 (1995)

DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES ET AL. v. WALTER G. HOWARD. DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES ET AL. v. BRANDON D. TAYLOR.

Court of Appeals of Maryland.

August 21, 1995.

Attorney(s) appearing for the Case

Andrew H. Baida, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen.; Alan D. Eason, Asst. Atty. Gen., all on brief), for appellants.

Christyne L. Neff (Joel A. Smith and Sarah P. Harlan, Kahn, Smith & Collins, P.A., all on brief), Baltimore, for appellees.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.

MURPHY, Chief Judge.

In this case, we must determine whether an agency's removal of two correctional officers from state service was an arbitrary and capricious action.

I.

The General Assembly has prescribed that a classified service employee who has completed probation may be removed "only for cause." Maryland Code (1993, 1994 Repl. Vol.), § 9-202 of the State Personnel and Pensions Article. The General Assembly has delegated to the Secretary...

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