Sheila Breck (“Sgt. Breck” or “appellant”) appeals a judgment of the Circuit Court for Baltimore County, which affirmed an administrative disciplinary ruling of the Maryland State Police (“MSP” or “appellee”).
1. Was the Hearing Board’s decision arbitrary and capricious where: a. the Hearing Board’s decision to find Sgt. Breck guilty of knowingly causing false information to be reported is logically irreconcilable with its decision to find Sgt. Breck not guilty of failing to maintain the highest standard of ethical and moral character; b. the Hearing Board’s decision is not sustainable…because the Hearing Board does not, and cannot, explain its irreconcilable findings; c. the Hearing Board’s decision cannot be supported by substantial evidence because no evidence can support logically irreconcilable rulings; and d. the Hearing Board’s reliance on TFC West’s testimony was not supported by substantial evidence?
2. Is Sgt. Breck denied a meaningful appeal because TFC West’s testimony was not recorded or is unavailable and his testimony cannot be sufficiently reconstructed, although diligent efforts to do so have been made?
3. Should the Hearing Board’s decision be vacated because the MSP violated Sgt. Breck’s rights protected by the LEOBR by failing to record TFC West’s testimony and improperly increasing her penalty?
Because of the appellee’s failure to maintain a record of a critical portion of the hearing, we vacate the judgment of the Circuit Court for Baltimore County, and remand with instructions to remand the case to the MSP for further proceedings.