At stake is the power of the state legislature to strip the governor?s appointees of their jobs.
At the Court of Appeals of Maryland today, Maryland Public Service Commission chairman Kenneth Schisler and his attorneys will argue that the General Assembly circumvented the Maryland Constitution when it stripped the five sitting commissioners of their jobs and ordered new commissioners installed.
“The unconscionable actions of the General Assembly are an unprecedented abuse of power, violate separation of powers principles, and are a blatant attempt to deny the opportunity for fair and timely judicial review of an unconstitutional legislative enactment,” said Andrew Radding, the Baltimore attorney representing Schisler in his appeal.
Radding filed a brief with the appeals court outlining his arguments. He said the Maryland Constitution gives only the governor the authority to remove appointees and then only because of misconduct or incompetence. Radding is seeking a temporary restraining order preventing a July 15 deadline to install new commissioners.
At issue was the hotly debated rise in utility rates charged by BGE. Unhappy with a previous agreement to raise the rates beginning July 1, the General Assembly ordered new discussions to come up with rate increase plan and the assembly measure also called for ousting the current commission.
The assembly overrode a veto by Gov. Robert Ehrlich and a 15 percent rate increase went into effect July 1.
On June 28, the Circuit Court of Baltimore City denied the commission?s request to prevent the commission ouster. Baltimore Circuit Court Judge AlbertMatricciani upheld the General Assembly?s right to fire the commission and denied a request to keep the commissioners in office while they appeal the law passed by the General Assembly. Schisler immediately appealed that decision.
In the interim, the General Assembly has given the governor the names of 10 people, of whom the governor is to select five as the new commissioners.
