District of Columbia v. Daniels, 85-1569.

Citation523 A.2d 569
Decision Date03 April 1987
Docket NumberNo. 85-1572.,No. 85-1571.,No. 85-1570.,No. 85-1569.,85-1569.,85-1570.,85-1571.,85-1572.
PartiesDISTRICT OF COLUMBIA, Appellant, 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.
CourtCourt of Appeals of Columbia District

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.

ORDER

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, concluded that the MPD had applied an inappropriate burden of proof. Therefore, she remanded the cases to the MPD for review of the administrative record and application of the proper standard of proof.

The trial court determined, and all parties agree, that a decision of the MPD denying administrative sick leave is a "grievance"2 under the Comprehensive Merit Personnel Act (CMPA), D.C.Code § 1-601.1 et seq. (1981), and that as such, it must be appealed to the Office of Employee Appeals prior to judicial review.3 It is also undisputed that both the D.C.Code4 and the Rules and Regulations of the OEA5 require that the Department inform the aggrieved employee of his or her right to appeal to the OEA. According to the representations of counsel, all police officers who are now denied administrative sick leave are informed at the conclusion of internal MPD review procedures of their right to appeal to the OEA. For these reasons, we believe that the proper course is to remand these cases for review by the OEA without any prejudice for the earlier failure to appeal to that Office.

Accordingly, it is ORDERED that these cases be remanded to the Superior Court to enter an order remanding to the Office of Employee Appeals, with directions that the OEA consider these cases on the merits in sequence as if they had come to the Office...

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7 cases
  • District of Columbia v. Thompson, 86-1051
    • United States
    • Court of Appeals of Columbia District
    • June 17, 1991
    ...the negotiated 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 issu......
  • SIMPSON v. OFFICE OF HUMAN RIGHTS, 90-49
    • United States
    • Court of Appeals of Columbia District
    • October 1, 1991
    ... . 597 A.2d 392 . Charlottie L. SIMPSON, Appellant, v. DISTRICT OF COLUMBIA OFFICE OF HUMANRIGHTS, et al., Appellees. . No. 90-49. . ... District of Columbia v. Daniels, 523 A.2d 569, 571 (D.C. 1987) (per curiam). Second, in light of the ......
  • Lee v. US, 93-CO-714
    • United States
    • Court of Appeals of Columbia District
    • December 14, 1995
    ....... District of Columbia Court of Appeals. . Argued September 7, 1995. . Decided ......
  • Nunnally v. Dist. of Columbia Metro. Police Dep't
    • United States
    • Court of Appeals of Columbia District
    • December 12, 2013
    ...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......
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