Andrew A. Mohan v. Edward T. Norris, et al., 386 Md. 63

Summary

The Maryland Court of Appeals held that a police officer permanently certified by the Maryland Police Training Commission may nevertheless be considered in probationary status under the Law Enforcement Officers’ Bill of Rights when newly hired by a police agency that imposes its own probationary period. The court concluded that the Maryland State Police’s two-year statutory probationary period did not conflict with the Maryland Police Training Commission Act. Because Mohan was probationary upon his initial entry into the State Police, he was excluded from LEOBR protections.

Holdings

1. A police officer who has permanent certification from the Maryland Police Training Commission may nevertheless be in probationary status for purposes of the LEOBR when newly hired by a different police agency and subject to that agency's probationary period. The LEOBR therefore does not protect such an officer during the agency-imposed probationary period, except as otherwise provided for allegations of brutality.
2. The two-year probationary period imposed by the State Police Act does not conflict with or become preempted by the Maryland Police Training Commission Act or the LEOBR. The MPTCA probationary period serves a training and certification function, while the State Police Act probationary period serves the hiring agency's employment, management, and disciplinary authority.

Questions Presented

1. Whether a police officer who is permanently certified by the Maryland Police Training Commission may nevertheless be excluded from the protections of the Law Enforcement Officers' Bill of Rights because the hiring agency places the officer in probationary status upon initial entry into that agency.
2. Whether the probationary period imposed by the State Police Act conflicts with or is preempted by the Maryland Police Training Commission Act or the Law Enforcement Officers' Bill of Rights.

Disposition

affirmed