District of Columbia v. Daniels, No. 85-1569.
| Docket Nº | No. 85-1572. |
| Citation | 523 A.2d 569 |
| Case Date | April 03, 1987 |
| Court | Court of Appeals of Columbia District |
v.
Linwood DANIELS, Appellee.
DISTRICT OF COLUMBIA, Appellant,
v.
Byran K. McREYNOLDS, Appellee.
DISTRICT OF COLUMBIA, Appellant,
v.
William HENNESSY, Appellee.
DISTRICT OF COLUMBIA, Appellant,
v.
Leonard BLAZIO, Appellee.
Page 570
Charles L. Reischel, Deputy Corp. Counsel, with whom James R. Murphy, Acting Corp. Counsel, and George C. Valentine, Asst. Corp. Counsel, Washington, D.C., were on brief, for appellant.
Robert E. Deso, with whom James P. Wheeler, Washington, D.C., was on brief, for appellees.
Before MACK, NEWMAN and BELSON, Associate Judges.
PER CURIAM.
These are consolidated appeals from orders of the Superior Court, denying cross-motions for summary judgment and remanding denials of administrative sick leave to the Metropolitan Police Department (MPD or Department) after concluding that the Department had applied an inappropriate burden of proof in considering the officers' claims. Because denials of administrative sick leave are to be appealed first to the Office of Employee Appeals (OEA or Office) before judicial review can be sought, and because the Department contrary to law and regulations—failed to inform the officers in these cases of their right to OEA review, we remand the claims for consideration by the OEA on the merits.
Linwood Daniels, Byran K. McReynolds, William Hennessy, and Leonard Blazio were denied administrative sick leave under D.C.Code § 1-613.3(j) (1981) for injuries or illnesses that they claimed were the result of their performance of duty as members of the Metropolitan Police Department.1 Each of their claims was denied by Captain Charles E. Collins, Jr., the Medical Claims Review Officer, following a hearing and review of medical evidence. Captain Collins' decisions were affirmed by Assistant Chief Theodore Carr, the Administrative Services Officer. Thereafter, the MPD informed each claimant, via a memorandum signed by Carr, that "[t]his constitutes final department action in this matter and no further administrative appeal is permitted."
Each officer then filed an original action in Superior Court claiming that he had been erroneously denied administrative sick leave. Following a hearing on cross-motions for summary judgment, Judge Kessler, without deciding the merits of the individual officers' claims,...
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District of Columbia v. Thompson, No. 86-1051
...notice procedures are defective in light of the statutory notice requirement of § 1-606.4(e). See District of Columbia v. Daniels, 523 A.2d 569, 570 (D.C.1987) (remanding case to OEA because police department failed to notify employee of right to appeal to OEA). The only issue in Daniels, h......
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SIMPSON v. OFFICE OF HUMAN RIGHTS, No. 90-49
...is to remand [the case to that body] without prejudice for the earlier failure to appeal to [that body]. District of Columbia v. Daniels, 523 A.2d 569, 571 (D.C. 1987) (per curiam). Second, in light of the joint attempts of the parties to obtain review of OHR's disposition by the Human Righ......
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Lee v. US, No. 93-CO-714
...for malicious destruction of property, Ball compels us to rule that the former is not a "lesser" offense than the latter. Craig, supra, 523 A.2d at 569. This was the sole ground upon which the court decided the case, and it thus represented the court's square holding.16 In Schmuck, decided ......
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Nunnally v. Dist. of Columbia Metro. Police Dep't, No. 11–CV–609.
...either the OEA or the PERB and, as a legal matter, we see no reason that it should have been. We held in District of Columbia v. Daniels, 523 A.2d 569 (D.C.1987), that “a decision of the MPD denying non-chargeable sick leave is a ‘grievance.’ ” Id. at 570 (footnote omitted). We further held......
-
District of Columbia v. Thompson, No. 86-1051
...notice procedures are defective in light of the statutory notice requirement of § 1-606.4(e). See District of Columbia v. Daniels, 523 A.2d 569, 570 (D.C.1987) (remanding case to OEA because police department failed to notify employee of right to appeal to OEA). The only issue in Daniels, h......
-
SIMPSON v. OFFICE OF HUMAN RIGHTS, No. 90-49
...is to remand [the case to that body] without prejudice for the earlier failure to appeal to [that body]. District of Columbia v. Daniels, 523 A.2d 569, 571 (D.C. 1987) (per curiam). Second, in light of the joint attempts of the parties to obtain review of OHR's disposition by the Human Righ......
-
Lee v. US, No. 93-CO-714
...for malicious destruction of property, Ball compels us to rule that the former is not a "lesser" offense than the latter. Craig, supra, 523 A.2d at 569. This was the sole ground upon which the court decided the case, and it thus represented the court's square holding.16 In Schmuck, decided ......
-
Nunnally v. Dist. of Columbia Metro. Police Dep't, No. 11–CV–609.
...either the OEA or the PERB and, as a legal matter, we see no reason that it should have been. We held in District of Columbia v. Daniels, 523 A.2d 569 (D.C.1987), that “a decision of the MPD denying non-chargeable sick leave is a ‘grievance.’ ” Id. at 570 (footnote omitted). We further held......