Sturdivant v. Dep't of Health & Mental Hygiene
Annotate this CasePlaintiffs here were employees who had been laid off from their jobs at a State psychiatric hospital and, when the hospital filled vacancies for positions comparable to those previously occupied by the laid-off employees, were not rehired in order of seniority. An administrative law judge denied Plaintiffs' grievance, concluding that they did not have a right to be rehired under a reinstatement process. The circuit court affirmed. The court of special appeals remanded the case for further factfinding, concluding (1) there is no statutory preference for reinstatement, as opposed to recruitment, in the State Personnel Management System; but (2) if an agency elects to fill vacancies through recruitment, it must follow statutory procedure that includes public notice and transparency as to the selection criteria. The Court of Appeals affirmed, holding (1) the lower court correctly analyzed the legal issue concerning the interpretation of State personnel law; and (2) because the record did not definitely answer the question whether the agency in this case was filling vacancies by a reinstatement process, rather than recruitment, remand for further factfinding was appropriate.
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