BOARD OF APPEALS
|DECISION NO: 1194 -BH-80
DATE: October 21, 1980
|CLAIMANT: Robert J. DiGrazia
|| APPEAL NO.: BOJ#l
|EMPLOYER: Montgomery County Dept. of Police
||L.O. NO: 43
||APPELLANT: Board assumed jurisdiction
Issue: Whether the Claimant is entitled to unemployment benefits
within the meaning of Article 95A, Section 20(g )(7 )(v)E of the Maryland Unemployment Insurance
- NOTICE OF RIGHT OF APPEAL TO COURT -
YOU MAY FILE AN APPEAL FROM THIS DECISION IN ACCORDANCE WITH
THE LAWS OF MARYLAND. THE APPEAL MAY BE TAKEN IN PERSON
OR THROUGH AN ATTORNEY IN THE SUPERIOR COURT OF BALTIMORE
CITY, OR THE CIRCUIT COURT OF THE COUNTY IN MARYLAND IN
WHICH YOU RESIDE.
THE PERIOD FOR FILING AN APPEAL EXPIRES AT MIDNIGHT November
|For the Claimant:
Claimant not present
Peter Davis - Attorney at Law
|For the Employer:
Asst . Atty. for Montgomery County
Donald Brooks Chief of Police Anthony Ventre Law Clerk
Chris Costello The Gibbens Co.
FINDINGS OF FACT
The Board of Appeals assumed original jurisdiction in this
case at the request of the Executive Director because
the case involved the interpretation of a complicated
section of the Law, namely, 20(g) (7)(V)E of the Maryland
Unemployment Insurance Law.
The Claimant's attorney appeared without his client on the
scheduled hearing date and requested a further postponement.
Since the Board would not grant a further postponement
in this case after two prior postponements, he made a
written request that the case be withdrawn. He then left
the Office of the Board of Appeals although the Board
had requested that he wait until his case was called.
When the case was called for a hearing, the Board of Appeals,
after considering the Claimant attorney's request for
a withdrawal, denied that request and continued with the hearing.
The Claimant was appointed Chief of Police for Montgomery
County Maryland which is a home rule county. The position
of Chief of Police is not a tenured position and is designated
and described in Article 1, Chapter 35 of the Montgomery County Code.
The Claimant was appointed to his position by the County Executive
and in March of 1979 he was terminated from his job by
the County Executive. On July 10, 1979 he "filed a claim
for unemployment benefits.
In the course of performing his duties he Claimant worked
forty hours per week, supervised the Police Department
for Montgomery County and hired and fired Personnel. In
his position as Chief of Police he occupied a policy making
and advisory position in the County government.
All evidence having been heard, read and considered, the Board
of Appeals finds that the Claimant, as Police Chief, was
in 21 major non-tenured policy making and advisory position
with the Montgomery County Government and is therefore
disqualified from receiving unemployment benefits within
the meaning of Section 20(g) (7)(V)E of the, Maryland
Unemployment Insurance Law.
In reaching this decision, the Board of Appeals has examined
the Legislative Documents surrounding the Law involved
in this case and finds that it was the intent of the Legislature
that employees in major non-tenured designated policy
making or advisory positions are excluded from covered
employment and are not subject to the unemployment insurance Law.
The Claimant was in a position, under the Laws of Montgomery
County which was designated as a major non-tenured policy
making or advisory position. He is disqualified from receiving
benefits from July 10, 1979, the date his benefit year began.
John J. Kent, Chairman
Hazel A. Warnick, Associate Member
DATE OF HEARING: September 8, 1980
COPIES MAILED TO:
Peter I. J. Davis, Esquire
Charles S. Rand, Esquire
Mr. Christopher Costello
UNEMPLOYMENT INSURANCE - WHEATON