(a) Any aggrieved merit system employee, or applicant, or the chief administrative officer may obtain judicial review of a merit system protection board order or decision from the circuit court for the county in the manner prescribed under Chapter 200 of Title 7 of the Maryland Rules of Procedure. In addition, with respect to orders or opinions relating to personnel of Montgomery County fire and rescue corporations, the independent fire and rescue corporation affected by the merit system protection board order, as well as any aggrieved fire and rescue corporation employee, may obtain judicial review of the board's order or decision as provided in this section.
(b) The court, in hearing the case, shall apply the judicial review standards as set forth in the Maryland Administrative Procedures Act, Subtitle 2 of Title 10 of the State Government Article of the Maryland Code. The court review shall be on the basis of the record before the board. Judicial review of board decisions issued hereunder also includes appellate review by the Court of Special Appeals.
(c) When the chief administrative officer is the party seeking judicial review of a board order or decision in favor of a merit system employee, the county shall be responsible for the employee's legal expenses, including attorneys' fees which result from the judicial review and are determined by the county to be reasonable under the criteria set forth in subsection (c)(9) of section 33-14.
(d) Upon the failure of a party to invoke the judicial review provision of section (a) above or the exhaustion thereof and upon noncompliance with any final decision or order of the board, the board may certify the matter to the county attorney for enforcement. The county attorney shall promptly institute appropriate civil proceedings in the circuit court for Montgomery County to seek enforcement of the decision or order and for any other appropriate relief. (1979 L.M.C., ch. 24, § 2; 1982 L.M.C., ch. 40, § 5; 1982 L.M.C., ch. 43, § 2; 2010 L.M.C., ch. 49, § 1.)
Editor's note—Section 33-15(c) is interpreted and quoted in Kensington Volunteer Fire Department v. Montgomery County, 163 Md. App. 279, 878 A.2d 662 (2005), where the Court held that a volunteer firefighter who seeks review before the Merit System Protection Board of a decision of the Fire and Rescue Commission is entitled to attorney’s fees as if he were a merit system employee. Section 33-15 is interpreted in Montgomery County, Maryland v. Jamsa, 153 Md. App. 346, 836 A.2d 745 (2003), to permit the Merit Board to award attorney’s fees for appellate proceedings deriving from an administrative matter before the Board. Section 33-15 is cited in Haub v. Montgomery County, 353 Md. 448, 727 A.2d 369 (1999). In Lukas v. Bar Ass’n of Montgomery County, Md., Inc., 35 Md. App. 442, 371 A.2d 669 (1977), it was held that a “personnel consultant” who represented County employees in personnel matters against the County was engaged in the unauthorized practice of law. In Montgomery County v. Anastasi, 77 Md. App. 126, 549 A.2d 753 (1988), the court stated that § 33-15(b) requires judicial review of decisions of the Merit System Protection Board to be conducted in accordance with the judicial review standards set forth in the Maryland Administrative Procedure Act [formerly Md. Ann. Code, art. 41, § 255 (1957), revised to Md. State Gov't Code Ann. § 10-215 (1993), and now Md. State Gov’t. Code Ann. § 10-222 (1994)]. This requirement was also stated in Lofland v. Montgomery County, 319 Md. 265, 572 A.2d 163 (1990). Section 33-15 is cited in Montgomery County v. Buckman, 96 Md.App. 206, 624 A.2d 1274 (1993); Section 33-15(b) is cited in Lofland v. Montgomery County, 319 Md. 265, 572 A.2d 163 (1990); and Section 33-15(c) is cited in Robinson v. Montgomery County, 66 Md.App. 234, 503 A.2d 275 (1986).
See County Attorney Opinion dated 12/17/08 discussing the authority and role of the Merit System Protection Board and the role of the County Attorney as legal adviser.