Sheila Montgomery v. Eastern Correctional Institution, 377 Md. 615

Summary

The Maryland Court of Appeals considered whether a state employee's grievance alleging harassment and a hostile work environment by her supervisor constituted a protected disclosure under Maryland's Whistleblower Law. The court held that the grievance concerned the employee's individual employment rights rather than disclosure of government illegality, waste, abuse of authority, or threats to public health or safety. It affirmed the administrative, circuit court, and intermediate appellate decisions against Montgomery.

Holdings

1. A state employee's grievance complaining that a supervisor treated the employee improperly or created a hostile work environment is not a protected disclosure under the Maryland Whistleblower Law when it does not disclose public illegality, gross mismanagement, gross waste, abuse of authority, or a substantial and specific danger to public health or safety.
2. Allegations that a supervisor made rude, discourteous, belittling, or harassing remarks to one or two employees do not, without more, establish gross mismanagement or abuse of authority under the Maryland Whistleblower Law.
3. A state employee alleging reprisal for filing a personnel grievance does not have an election between the Maryland Whistleblower Law and the State employee grievance procedures unless the employee first alleges facts showing a protected whistleblower disclosure.
4. Summary disposition was proper because the written disclosures were undisputed and, even when viewed in Montgomery's favor, did not allege facts constituting a protected disclosure.

Questions Presented

1. Whether a state employee's grievance alleging that a supervisor created a hostile work environment constitutes a protected disclosure under Maryland's Whistleblower Law.
2. Whether Montgomery's allegations concerning rude, discourteous, and allegedly harassing supervisory conduct evidenced gross mismanagement, abuse of authority, or a violation of law.
3. Whether Montgomery had an election of remedies between the Maryland Whistleblower Law and the State employee grievance procedures.
4. Whether the administrative law judge properly resolved the complaint by summary decision without an evidentiary hearing.

Disposition

affirmed