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MOATS v. CITY OF HAGERSTOWN

No. 43, September Term, 1990.

324 Md. 519 (1991)

597 A.2d 972

MICHAEL D. MOATS ET AL. v. CITY OF HAGERSTOWN.

Court of Appeals of Maryland.

November 4, 1991.

Attorney(s) appearing for the Case

Byron L. Warnken, Baltimore, for petitioners.

Joel A. Smith, Abato, Rubenstein and Abato, Lutherville, amicus curiae for American Federation of State, County and Municipal Employees, Council 67 and American Federation of State, County and Municipal Employees, Local 1859.

Lawrence S. Wescott (Ronald W. Taylor, Venable, Baetjer & Howard, Baltimore), on brief, for respondent.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE and CHASANOW, JJ., and CHARLES E. ORTH, Jr., (retired) and THOMAS J. CURLEY, Associate Judges of the Court of Appeals, Specially Assigned.

ELDRIDGE, Judge.

We granted a petition for a writ of certiorari in this case to decide whether a law enforcement officer may waive the procedures under the Law Enforcement Officers' Bill of Rights, Maryland Code (1957, 1987 Repl.Vol., 1991 Cum. Supp.), Art. 27, §§ 727-734D,1 and elect to pursue a grievance under a collective bargaining agreement.

In November 1988 Officers Shifler and Moats of the Hagerstown Police Department...

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