reglab/statecodes huggingface dataset:
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 2 - State Employment Generally › Subtitle 5 - Health and Welfare Benefits Program › Section 2-517 - Information From and Liability of Health Insurance Carriers

(a)    In this section, “carrier” means:
(1)    a health insurer;
(2)    a nonprofit health service plan;
(3)    a health maintenance organization; and
(4)    a dental plan organization.
(b)    This section does not apply to a fixed indemnity health insurance policy or contract if the premiums are paid solely by an individual.
(c)    (1)    A carrier shall provide, at the request of the Department, information about individuals who are eligible for benefits under the Program or are Program recipients so that the Department may determine whether the individual is receiving health care coverage from the carrier and the nature of that coverage.
(2)    A carrier shall provide the information required under this subsection in a manner prescribed by the Department, in accordance with the standard data elements for standard transactions required under 42 U.S.C. § 1320d–4 as adopted by the Secretary of Health and Human Services.
(d)    A carrier shall accept the Program’s right of recovery and the assignment to the Program of any right of an individual or other entity to payment from the carrier for an item or service for which payment has been made under the Program if the carrier has a legal obligation to make payment for the item or service.
(e)    A carrier may not reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms or conditions of, or otherwise affect a health insurance policy or contract for a reason based wholly or partly on:
(1)    the eligibility of an individual to receive benefits under the Program; or
(2)    the receipt by an individual of benefits under the Program.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 2 - State Employment Generally › Subtitle 6 - Reinstatements to State Employment › Section 2-601 - Reinstatement to State Employment

(a)    Except as provided for in subsection (c)(2) of this section, a former nontemporary State employee who returns to State employment in a position in the State Personnel Management System within 3 years from separation is reinstated.
(b)    A reinstated State employee shall have unused accumulated sick leave restored.
(c)    (1)    A former nontemporary employee who is reinstated in a position in the State Personnel Management System shall receive credit for time employed before separation for the purpose of determining the employee's:
(i)    step in the pay grade applicable to the employee's class;
(ii)    rate of annual leave accrual; and
(iii)    seniority rights.
(2)    A former nontemporary State employee who returns to a position in an independent personnel system in accordance with the reinstatement provisions of that system shall receive benefits allowed by that personnel system.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 2 - State Employment Generally › Subtitle 7 - Reinstatement of Veterans › Section 2-701 - "Returning Veteran" Defined

In this subtitle, “returning veteran”:
(1)    means an individual who left State employment to perform military service in the armed forces of the United States and who seeks reinstatement to State employment; and
(2)    does not include an individual who left State employment while serving as a temporary employee.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 2 - State Employment Generally › Subtitle 7 - Reinstatement of Veterans › Section 2-703 - Eligibility Criteria Generally

(a)    A returning veteran who was inducted into the armed forces is eligible for reinstatement under this subtitle if the veteran:
(1)    performed military service of a nature and length that meet the requirements of the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq., and any subsequent federal law governing reemployment of a returning veteran;
(2)    received a certificate of satisfactory completion of military service; and
(3)    except as otherwise provided in § 2-704 of this subtitle, submits an application for reinstatement within 90 days after the veteran is discharged from that military service.
(b)    A returning veteran who enlisted in the armed forces is eligible for reinstatement under this subtitle if the veteran:
(1)    performed military service of a nature and length that meet the requirements of the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq., and any subsequent federal law governing reemployment of a returning veteran;
(2)    was released from service under honorable conditions; and
(3)    except as otherwise provided in § 2-704 of this subtitle, submits an application for reinstatement within 90 days after the end of the enlistment period.
(c)    A returning veteran who was called to active military duty in the armed forces is eligible for reinstatement under this subtitle if the veteran:
(1)    performed military service of a nature and length that meet the requirements of the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq., and any subsequent federal law governing reemployment of a returning veteran;
(2)    was relieved from active duty under honorable conditions; and
(3)    except as otherwise provided in § 2-704 of this subtitle, submits an application for reinstatement within 90 days after the veteran is relieved from that duty.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 2 - State Employment Generally › Subtitle 7 - Reinstatement of Veterans › Section 2-704 - Application by Hospitalized Veteran

An otherwise eligible returning veteran who was hospitalized at the time of discharge, end of enlistment, or relief from active duty may apply for reinstatement if:
(1)    the application is submitted within 90 days after the returning veteran is discharged from the hospital; and
(2)    the hospitalization does not last more than 1 year from the date of discharge, end of enlistment, or relief from active duty.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 2 - State Employment Generally › Subtitle 7 - Reinstatement of Veterans › Section 2-705 - Right to Reinstatement

(a)    A returning veteran who meets the requirements of this subtitle shall be reinstated:
(1)    to the class previously held by the returning veteran within the principal department or other independent unit in which the returning veteran had been employed; or
(2)    to a position of equal responsibilities, qualifications, and rate of pay.
(b)    If, because of a disability sustained during military service, a returning veteran is not qualified to perform the duties of the position that the veteran previously held, the returning veteran shall be reinstated to a position that:
(1)    has duties that the veteran is qualified to perform; and
(2)    provides the rate of pay, seniority, and status that are the same as or as similar as the circumstances of the case allow to those of the position previously held by the veteran.
(c)    Subsections (a) and (b) of this section need not be implemented if the circumstances in State government have changed to the extent that implementation is impossible or unreasonable.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 2 - State Employment Generally › Subtitle 7 - Reinstatement of Veterans › Section 2-706 - Reinstatement Benefits

(a)    A returning veteran who is reinstated under this subtitle is entitled to start at the salary and rate of leave accrual that the veteran would have attained if employment with this State had been continuous.
(b)    In calculating seniority, status, and length of State employment of a returning veteran who is reinstated under this subtitle, the period from the day the veteran entered military service to the day that the veteran is reinstated shall be added to the period of the veteran’s State employment.
(c)    A returning veteran who is reinstated under this subtitle is entitled to:
(1)    all benefits and privileges, including rate of pay, that result from the additional seniority and status credited under subsection (b) of this section;
(2)    pension and retirement rights as determined under Title 38, Subtitle 1 of this article; and
(3)    any service status that the veteran had when the veteran entered military service, with adjustments to reflect the additional seniority credited under subsection (b) of this section.
(d)    A returning veteran who is reinstated to a position under this subtitle may not be discharged from that position within 1 year after reinstatement without substantial cause and, if the position is a skilled service or professional service position, with the exception of special appointments, only for the reasons and in the manner provided for skilled service or professional service employees.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 2 - State Employment Generally › Subtitle 7 - Reinstatement of Veterans › Section 2-707 - Reinstatement of Reservists

(a)    A member of a reserve component of the armed forces of the United States is eligible for the reinstatement rights and benefits specified in §§ 2–705 and 2–706(a), (b), and (c) of this subtitle if the reservist:
(1)    performed active duty for training of a nature and length that meet the requirements for eligibility under Title 38 U.S.C. § 4301 et seq.;
(2)    was released from that duty after satisfactory service; and
(3)    except as provided in subsection (b) of this section, submits an application for reinstatement within 31 days after the reservist was released from that duty.
(b)    An otherwise eligible member of a reserve component who was hospitalized at the time the reservist was scheduled to be released from active duty for training may apply for reinstatement if:
(1)    the application is submitted within 31 days after the reservist is discharged from the hospital; and
(2)    the hospitalization:
(i)    is connected to the reservist’s active duty for training; and
(ii)    does not last more than 1 year from the date on which the reservist was scheduled to be released from that duty.
(c)    A member of a reserve component who is reinstated to a position under this section may not be discharged from that position within 6 months after reinstatement without substantial cause and, if the position is a skilled service or professional service position, with the exception of special appointments, only for the reasons and in the manner provided for skilled service or professional service employees.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 2 - State Employment Generally › Subtitle 8 - Hiring Prohibitions › Section 2-801 - Individuals Terminated With Prejudice

(a)    This section applies to all units in the Executive, Judicial, and Legislative branches of State government, including any unit with an independent personnel system.
(b)    An appointing authority may not hire an individual who has been terminated with prejudice from State service.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 3 - Collective Bargaining › Subtitle 1 - Definitions and General Provisions › Section 3-103 - Construction With Article Iii, 52 of Maryland Constitution

This title and any agreement under this title do not limit or otherwise interfere with the powers of the Governor or the Maryland General Assembly under Article III, § 52 of the Maryland Constitution.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 3 - Collective Bargaining › Subtitle 5 - Collective Bargaining Process › Section 3-502 - Matters to Be Negotiated

(a)    Collective bargaining shall include all matters relating to:
(1)    wages, hours, and other terms and conditions of employment; and
(2)    the time and manner of access to a new employee program as required under § 3–307 of this title.
(b)    (1)    Collective bargaining may include negotiations relating to the right of an employee organization to receive service fees from nonmembers.
(2)    An employee whose religious beliefs are opposed to joining or financially supporting any collective bargaining organization is:
(i)    not required to pay a service fee; and
(ii)    required to pay an amount of money as determined in collective bargaining negotiations, not to exceed any service fee negotiated under paragraph (1) of this subsection, to any charitable organization exempt from taxation under § 501(c)(3) of the Internal Revenue Code and to furnish written proof of the payment to:
1.    A.    the Department;
B.    in the case of an employee of the Maryland Environmental Service, the Board of Directors of the Service; or
C.    in the case of an employee of an institution of higher education specified in § 3–102(a)(1)(v) of this title, the President of the institution or the President’s designee; and
2.    the exclusive representative.
(c)    Notwithstanding subsection (a) of this section, the representatives of the State, the Maryland Environmental Service, a system institution, Morgan State University, St. Mary’s College of Maryland, and Baltimore City Community College:
(1)    shall not be required to negotiate over any matter that is inconsistent with applicable law; and
(2)    may negotiate and reach agreement with regard to any such matter only if it is understood that the agreement with respect to such matter cannot become effective unless the applicable law is amended by the General Assembly.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 3 - Collective Bargaining › Subtitle 6 - Memorandum of Understanding › Section 3-601 - Contents; Signatures; Length; Ratification

(a)    (1)    A memorandum of understanding shall contain all matters of agreement reached in the collective bargaining process.
(2)    The memorandum shall be in writing and signed by the exclusive representative involved in the collective bargaining negotiations and:
(i)    for a memorandum of understanding relating to the State, the Governor or the Governor’s designee;
(ii)    for a memorandum of understanding relating to the Maryland Environmental Service, the Board of Directors of the Service;
(iii)    for a memorandum of understanding relating to a system institution of the University System of Maryland, the Chancellor or the Chancellor’s designee; and
(iv)    for a memorandum of understanding relating to Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College, the governing board of the institution or the governing board’s designee.
(b)    No memorandum of understanding is valid if it extends for less than 1 year or for more than 3 years.
(c)    (1)    Except as provided in paragraphs (2) and (3) of this subsection, a memorandum of understanding is not effective until it is ratified by the Governor and a majority of the votes cast by the employees in the bargaining unit.
(2)    In the case of a State institution of higher education or the University System of Maryland, a memorandum of understanding is not effective until it is ratified by the institution’s governing board or the University System of Maryland Board of Regents and a majority of the votes cast by the employees in the bargaining unit.
(3)    In the case of the Maryland Environmental Service, a memorandum of understanding is not effective until it is ratified by the Board of Directors of the Service and a majority of the votes cast by the employees in the bargaining unit.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 3 - Collective Bargaining › Subtitle 6 - Memorandum of Understanding › Section 3-603 - Continuation

(a)    A memorandum of understanding agreed to and ratified under § 3–601 of this subtitle may not expire until it is succeeded by a memorandum of understanding that is agreed to and ratified under this title.
(b)    Notwithstanding § 3–601(b) of this subtitle, all terms of a memorandum of understanding shall continue in force and effect without change until a successor memorandum of understanding is agreed to and ratified.
(c)    (1)    Based on a verified complaint by an exclusive representative, the exclusive representative may file an action in a circuit court against the State, the Maryland Environmental Service, a system institution, Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College to enforce the terms of this section.
(2)    On receipt of an action submitted by the exclusive representative, the court shall issue a status quo order without a finding of irreparable harm to maintain a memorandum of understanding and the terms in effect pending a final order in the action.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 4 - Personnel Management › Subtitle 1 - General Provisions › Section 4-103 - Administration

(a)    The Secretary shall carry out those provisions of this Division I that are subject to the authority of the Secretary.
(b)    The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department. The Secretary may establish, reorganize, or abolish areas of responsibility in the Department as necessary to fulfill effectively the duties assigned to the Secretary.
(c)    The Secretary is responsible for establishing policy to be followed by the units in the Department.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 4 - Personnel Management › Subtitle 1 - General Provisions › Section 4-106 - Regulations

(a)    To carry out those provisions of this Division I that are subject to the authority of the Secretary, the Secretary may adopt regulations, guidelines, or policies.
(b)    After consultation with the Office of Administrative Hearings, the Secretary shall adopt regulations governing peer review panels, that include procedures for a principal unit to establish peer review panels as an alternative mechanism for dispute resolution under Titles 11 and 12 of this article.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 4 - Personnel Management › Subtitle 1 - General Provisions › Section 4-107 - Reviews and Recommendations

For efficiency and economy in State government, the Secretary shall:
(1)    conduct reviews of positions in the State Personnel Management System; and
(2)    recommend to the appointing authority a plan of reorganization, reassignment, or elimination of the positions reviewed.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 4 - Personnel Management › Subtitle 1 - General Provisions › Section 4-108 - Investigations

(a)    As to matters subject to the authority of the Secretary, the Secretary periodically shall conduct investigations and, as necessary, visits to various units to determine:
(1)    the enforcement and effect of this Division I and the regulations adopted under it;
(2)    the conduct of employees in the State Personnel Management System;
(3)    the nature, tenure, and compensation of all positions in the State Personnel Management System;
(4)    the appropriateness of position classifications by appointing authorities;
(5)    whether the duties performed by an employee conform to the duties listed for that employee's class;
(6)    the methods of administration of the State Personnel Management System; and
(7)    any other information that might help the Secretary to administer this Division I.
(b)    In conducting an investigation under this section, the Secretary may require any employee in the State Personnel Management System to appear before the Secretary or the Secretary's designee and give evidence.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 4 - Personnel Management › Subtitle 1 - General Provisions › Section 4-109 - Oaths and Subpoenas

(a)    As part of any investigation or hearing under this Division I, the Secretary or the person that the Secretary designates to conduct the investigation or hearing may administer oaths, take testimony and other evidence, and subpoena any person or any relevant document.
(b)    If a person fails to comply with a subpoena or refuses to be sworn or to testify, then, on complaint of the Secretary, a circuit court may order the person to comply with the subpoena, to be sworn, or to testify.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 4 - Personnel Management › Subtitle 2 - Classes and Position Classifications › Section 4-201 - Powers of Secretary Generally

(a)    This section does not apply to those units of State government with an independent personnel system.
(b)    In the State Personnel Management System the Secretary shall:
(1)    establish classes;
(2)    assign a rate of pay to each class;
(3)    ensure that each class comprises one or more positions:
(i)    that are similar in their duties and responsibilities;
(ii)    that are similar in the general qualifications required to perform those duties and responsibilities;
(iii)    to which the same standards and, if required, tests of fitness can be applied; and
(iv)    to which the same rates of pay can be applied;
(4)    give each class a descriptive classification title;
(5)    prepare a description of each class; and
(6)    (i)    create additional classes; and
(ii)    abolish, combine, or modify existing classes.
(c)    The Secretary shall:
(1)    assign a class to the skilled service, professional service, management service, or executive service, as appropriate; and
(2)    designate special appointment positions in the State Personnel Management System that:
(i)    must be filled without regard to political affiliation, belief, or opinion; or
(ii)    in accordance with § 6–405(b) of this article, may be filled with regard to political affiliation, belief, or opinion.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 4 - Personnel Management › Subtitle 2 - Classes and Position Classifications › Section 4-202 - Standards and Procedures to Classify Positions

The Secretary shall:
(1)    classify skilled service positions, professional service positions, management service positions, and executive service positions;
(2)    establish standards and general procedures to be used to classify positions in the skilled service, professional service, management service, and executive service; and
(3)    provide advice and guidance on the use of those standards and procedures.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 4 - Personnel Management › Subtitle 2 - Classes and Position Classifications › Section 4-203 - Classification Plans; Titles

(a)    (1)    The Secretary may delegate authority to the head of a principal unit to classify positions for the principal unit in accordance with standards and procedures established by the Secretary in accordance with § 4–202(2) of this subtitle.
(2)    If the Secretary delegates classification authority to the head of a principal unit under paragraph (1) of this subsection, the head of the principal unit shall:
(i)    submit for the Secretary’s approval a position classification plan for classifying positions in the principal unit that are in the skilled service, professional service, and management service; and
(ii)    classify skilled service positions, professional service positions, and management service positions in the principal unit in accordance with the approved classification plan.
(b)    (1)    Each employee in a position shall assume the classification title given the class to which that position belongs.
(2)    The Secretary, the Comptroller, and the Treasurer shall use these classification titles in all relevant records and communications.
(c)    To ensure that positions in the State Personnel Management System are classified properly, the Secretary:
(1)    shall conduct position classification audits at least once every 3 years for any classification activity performed in accordance with subsection (a)(2) of this section; and
(2)    may conduct operational audits of classification practices and records in principal units at least once every 3 years.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 4 - Personnel Management › Subtitle 2 - Classes and Position Classifications › Section 4-204 - Classification by Secretary

(a)    The Secretary may:
(1)    classify positions in a unit when, in the Secretary's judgment, it is necessary to preserve the integrity of the classification system; and
(2)    order the head of a principal unit to:
(i)    take appropriate action to properly classify a position or take other appropriate action to comply with a position classification audit; or
(ii)    modify the unit's classification practices to comply with the findings of an operational audit.
(b)    (1)    The Secretary shall determine the effective dates for newly created or modified classes, position classification plans, and classification standards and procedures.
(2)    The Secretary shall adopt regulations to provide for effective dates of position reclassifications.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 4 - Personnel Management › Subtitle 3 - Reports and Assistance › Section 4-301 - Annual Reports -- to Secretary

On or before October 15 of each year, each unit of the Executive Branch of State government shall submit to the Secretary the information that the Secretary requires on the processing and disposition during the preceding fiscal year of each:
(1)    denial of a pay increase;
(2)    disciplinary suspension;
(3)    grievance;
(4)    involuntary demotion;
(5)    rejection on probation; and
(6)    attendance incentive award and conversion made pursuant to Title 9, Subtitle 12 of this article.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 4 - Personnel Management › Subtitle 3 - Reports and Assistance › Section 4-302 - Annual Reports -- to Governor

(a)    This section does not apply to the University System of Maryland.
(b)    The Secretary shall submit to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly an annual report covering all units of the Executive Branch of State government, including a unit with an independent personnel system, for each fiscal year that:
(1)    provides information about:
(i)    employee performance and efficiency;
(ii)    use of leave by State employees;
(iii)    incentive awards;
(iv)    whistleblower proceedings;
(v)    each denial of a pay increase, each disciplinary suspension, each grievance, each involuntary demotion, and each rejection on probation; and
(vi)    a summary of the equal employment opportunity report required under § 5–204 of this article, including hiring, firing, promotions, terminations, and rejections on probation, by race, sex, and age;
(2)    provides statistics and rankings that compare minority group State employees to all State employees in all job categories;
(3)    provides information about part–time work and, in the Secretary’s discretion, alternate work schedules, work days, and work locations;
(4)    provides information on the total number of positions designated as special appointments, including special appointments designated with regard to political affiliation, belief, or opinion; and
(5)    makes any recommendations about conditions in State employment that the Secretary considers advisable.
(c)    The report required by this section shall be submitted on or before January 1 following the fiscal year to which it applies.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 4 - Personnel Management › Subtitle 3 - Reports and Assistance › Section 4-303 - Assistance to Governmental Units

(a)    On the request of a unit of State government, the Secretary, consistent with available resources, shall offer assistance to the unit in personnel and employee relations matters.
(b)    (1)    On request to the Secretary, the Department, consistent with available resources, shall assist any county or municipal corporation of the State that adopts a merit system for its employees, so that merit systems may be administered throughout the State without unnecessary expense.
(2)    The Department shall assist the county or municipal corporation making the request by:
(i)    helping to test candidates for positions;
(ii)    helping to prepare regulations; and
(iii)    making available the full use of the facilities of the Department.
(3)    (i)    Except as provided in subparagraph (ii) of this paragraph, the Department shall provide the assistance required by this subsection without charge.
(ii)    A county or municipal corporation shall reimburse the Department for travel and other expenses that the Department incurs because of the use of departmental facilities by that county or municipal corporation.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 4 - Personnel Management › Subtitle 3 - Reports and Assistance › Section 4-304 - Assistance to Department

(a)    On request of the Secretary, all employees and officers of the State shall assist the Department in all proper ways in carrying out this Division I and the regulations, guidelines, and policies adopted under it. This assistance shall be provided as a public duty and without extra compensation.
(b)    On request of the Secretary, all employees and officers of the State or of a county or municipal corporation of the State shall:
(1)    allow the Department reasonable use of public buildings for tests or investigations under this Division I;
(2)    provide heat and light for the public buildings used by the Department under this subsection; and
(3)    in all other proper ways, facilitate the work of the Department.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 4 - Personnel Management › Subtitle 4 - Hearings and Final Decisions › Section 4-401 - Disposition of Cases; Hearings and Final Decisions

The Office of Administrative Hearings shall dispose of a case or conduct a hearing and issue a final decision in:
(1)    a Whistleblower Law hearing under § 5–310 of this article;
(2)    an appeal under Title 11 of this article of a disciplinary action;
(3)    a grievance under § 12–205 of this article; and
(4)    an appeal under § 18–123 of the Public Utilities Article for the removal of an employee of the Washington Suburban Sanitary Commission.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 5 - Employee Rights and Protections › Subtitle 1 - Notice of Personnel Provisions to State Personnel Management Employees › Section 5-101 - Notice Required

The head of each principal unit shall notify the employees in the unit of the location, at the work site, of a copy of:
(1)    this Division I of this article; and
(2)    all applicable personnel policies, guidelines, and regulations.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 5 - Employee Rights and Protections › Subtitle 2 - Equal Employment Opportunity Program in the Executive Branch of State Government › Section 5-201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Coordinator” means the Equal Employment Opportunity Coordinator.
(c)    “Program” means the Equal Employment Opportunity Program established under this subtitle.
(d)    “Unit” means a unit of the Executive Branch of State government.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 5 - Employee Rights and Protections › Subtitle 2 - Equal Employment Opportunity Program in the Executive Branch of State Government › Section 5-202 - Program Established; Purpose; Eligibility

(a)    There is an Equal Employment Opportunity Program, which is under the authority of the Secretary.
(b)    The purpose of the Program is to ensure a system based on merit that provides equal opportunity in employment on the basis of merit and fitness.
(c)    The following employees and applicants for employment are included in the Program:
(1)    an employee in any unit of the Executive Branch of State government, including a unit with an independent personnel system; and
(2)    an applicant for a position in the skilled service, professional service, or management service, of the State Personnel Management System or a comparable position in an independent personnel system in the Executive Branch of State government.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 5 - Employee Rights and Protections › Subtitle 2 - Equal Employment Opportunity Program in the Executive Branch of State Government › Section 5-203 - Election to Pursue Allegation Under Complaint Resolution Procedures

Except as provided in § 5–209 of this subtitle, in addition to any right to file an employment discrimination complaint with the Commission on Civil Rights, with the Equal Employment Opportunity Commission, or in court, an employee may elect to pursue an allegation of employment discrimination under the complaint resolution procedures of this subtitle.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 5 - Employee Rights and Protections › Subtitle 2 - Equal Employment Opportunity Program in the Executive Branch of State Government › Section 5-204 - Duties of Secretary

The Secretary shall:
(1)    administer the Program in compliance with all applicable State and federal laws governing equal employment opportunity;
(2)    adopt regulations, policies, and directives to implement the Program;
(3)    evaluate the equal employment efforts in each unit in the Program;
(4)    take any action necessary and permitted by law to enforce this subtitle; and
(5)    at least annually report on the Program to the Governor.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 5 - Employee Rights and Protections › Subtitle 2 - Equal Employment Opportunity Program in the Executive Branch of State Government › Section 5-205 - Duties of Units

(a)    In accordance with the provisions and intent of the Maryland Constitution and other laws of the State, each unit shall:
(1)    comply with all applicable regulations, policies, guidelines, and directives of the Secretary to carry out this section;
(2)    cooperate fully with the Coordinator in the investigation of complaints of discrimination in violation of § 5–208 of this subtitle;
(3)    (i)    in accordance with the regulations, policies, guidelines, and directives of the Secretary, annually prepare a plan that includes the development and implementation of policies and programs to ensure that protected group members are appropriately represented and that the personnel practices in the unit are not discriminatory; and
(ii)    submit to the Secretary the progress reports about the plan that the Secretary requires;
(4)    for each fiscal year, submit to the Coordinator by the following October 15 an annual report about the activities that the unit undertook in that fiscal year to implement the Program, including:
(i)    information about personnel practices within the unit;
(ii)    a summary of complaints filed, investigated, resolved, and pending;
(iii)    information about relations with other units of State government;
(iv)    information about sexual harassment policies and prevention training; and
(v)    a summary of sexual harassment complaints filed, investigated, resolved, and pending; and
(5)    provide a copy of the annual report to the Commission on Civil Rights.
(b)    Notwithstanding any other provision of this subtitle, the University System of Maryland may satisfy any reporting requirement required by this subtitle or by regulations adopted under this subtitle by submitting to the Secretary an annual report on the System’s equal employment opportunity policies and programs in such format as is determined by the System’s Board of Regents.
(c)    An appointing authority shall provide each employee subject to this subtitle with a notice of:
(1)    the protections and remedies against employment discrimination available to the employee under:
(i)    this subtitle;
(ii)    the laws governing the Commission on Civil Rights; and
(iii)    the laws governing the Equal Employment Opportunity Commission; and
(2)    the applicable time limitations for filing complaints under those laws.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 5 - Employee Rights and Protections › Subtitle 2 - Equal Employment Opportunity Program in the Executive Branch of State Government › Section 5-206 - Coordinator

(a)    The Governor, with the advice of the Joint Committee on Fair Practices and State Personnel Oversight, shall appoint an Equal Employment Opportunity Coordinator.
(b)    The Coordinator shall:
(1)    administer and enforce the Program; and
(2)    investigate and, as appropriate, resolve complaints that involve allegations of violations of this subtitle.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 5 - Employee Rights and Protections › Subtitle 2 - Equal Employment Opportunity Program in the Executive Branch of State Government › Section 5-207 - Fair Practices Officers and Equal Employment Opportunity Officers

(a)    (1)    The head of each principal unit shall appoint:
(i)    a fair practices officer who:
1.    except as provided in paragraph (3) of this subsection, reports directly to the head of the unit; and
2.    is an assistant secretary or an employee of the unit with stature similar to that of an assistant secretary; and
(ii)    an appropriate number of equal employment opportunity officers for the unit.
(2)    If necessary, the fair practices officer of a unit may also be the unit’s equal employment opportunity officer.
(3)    The fair practices officer of the Department of State Police:
(i)    shall be an expert in diversity issues and equal employment law, procedures, and practices;
(ii)    shall report directly to the Secretary of State Police; and
(iii)    may not be a sworn law enforcement officer.
(4)    All appointments under this subsection shall be made in accordance with position descriptions approved by the Secretary.
(b)    The Department shall provide training, assistance, and advice for equal employment opportunity officers and fair practices officers.
(c)    Each fair practices officer shall:
(1)    implement the Program within the unit;
(2)    investigate and, as appropriate, resolve complaints filed under § 5–211 of this subtitle; and
(3)    coordinate activities of equal employment opportunity officers in the unit.
(d)    An equal employment opportunity officer shall:
(1)    monitor all personnel actions adopted by the unit;
(2)    attest that procedures consistent with this article, the Governor’s Code on Fair Practices, and other State and federal equal employment opportunity laws were followed by the unit in taking a personnel action; and
(3)    perform the duties assigned by the fair practices officer and any other duty required by this article.
(e)    An appointing authority shall delay the effective date of any adverse personnel action that directly affects an equal employment opportunity officer for up to 45 days, pending review and resolution by the Coordinator.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 5 - Employee Rights and Protections › Subtitle 2 - Equal Employment Opportunity Program in the Executive Branch of State Government › Section 5-208 - Personnel Actions

(a)    All personnel actions concerning an employee in the Executive Branch of State government shall be made in accordance with § 2–302 of this article.
(b)    Personnel actions concerning an employee or applicant for employment in the skilled service or professional service of the State Personnel Management System or comparable position in an independent personnel system in the Executive Branch of State government shall also be made without regard to:
(1)    political affiliation, belief, or opinion; or
(2)    any other nonmerit factor.
(c)    All personnel actions concerning an employee or applicant in the management service shall also be made without regard to the employee’s political affiliation, belief, or opinion.
(d)    (1)    Except as provided in paragraph (2) of this subsection, personnel actions concerning special appointments or applicants for special appointment in the State Personnel Management System or comparable positions in an independent personnel system in the Executive Branch of State government shall be made without regard to political affiliation, belief, or opinion.
(2)    For the positions that are designated by the Secretary under § 4–201(c)(2)(ii) of this article or by the Secretary of Transportation under § 2–103.4(b)(2) of the Transportation Article, personnel actions concerning special appointments or applicants for special appointment in the State Personnel Management System or comparable positions in an independent personnel system in the Executive Branch of State government may be made with regard to political affiliation, belief, or opinion.
(e)    The protections of this section are in addition to whatever legal or constitutional protections an employee or applicant has.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 5 - Employee Rights and Protections › Subtitle 2 - Equal Employment Opportunity Program in the Executive Branch of State Government › Section 5-209 - Election of Procedures

(a)    An employee in the skilled service, professional service, or management service of the State Personnel Management System may elect to pursue an allegation of employment discrimination under:
(1)    the complaint procedures in this subtitle; or
(2)    the grievance procedures in Title 12 of this article.
(b)    An employee of the University System of Maryland who is eligible to file a grievance under Title 13 of the Education Article may elect to pursue an allegation of employment discrimination under:
(1)    the complaint procedures in this subtitle; or
(2)    a grievance under Title 13 of the Education Article.
(c)    An employee of Morgan State University who is eligible to file a grievance under Title 14 of the Education Article may elect to pursue an allegation of employment discrimination under:
(1)    the complaint procedures in this subtitle; or
(2)    a grievance under Title 14 of the Education Article.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 5 - Employee Rights and Protections › Subtitle 2 - Equal Employment Opportunity Program in the Executive Branch of State Government › Section 5-210 - Representation of Complainant; Finality of Decision; Resolution of Complaint

(a)    A complainant may be represented during the complaint process by any person the complainant chooses.
(b)    (1)    If a complainant fails to appeal a decision in accordance with this subtitle, the complainant is considered to have accepted the decision.
(2)    A failure to decide a complaint in accordance with this subtitle is considered a denial from which an appeal may be made.
(c)    Each party shall make every effort to resolve a complaint at the lowest level possible.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 5 - Employee Rights and Protections › Subtitle 2 - Equal Employment Opportunity Program in the Executive Branch of State Government › Section 5-211 - Filing of Complaint

(a)    An applicant or employee subject to this subtitle may file with the head of the principal unit a written complaint that alleges a violation of § 5-208 of this subtitle.
(b)    A complaint under this subtitle must be filed within 30 days after the complainant first knew of or reasonably should have known of the alleged violation that is the basis for the complaint.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 5 - Employee Rights and Protections › Subtitle 2 - Equal Employment Opportunity Program in the Executive Branch of State Government › Section 5-212 - Actions on Complaint

Within 30 days after a complaint under § 5-211 of this subtitle is received:
(1)    an equal employment officer, under the direction of the fair practices officer, shall investigate the complaint and recommend a proposed decision to the head of the principal unit; and
(2)    the head of the principal unit shall issue a written decision to the complainant and may grant any appropriate relief.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 5 - Employee Rights and Protections › Subtitle 2 - Equal Employment Opportunity Program in the Executive Branch of State Government › Section 5-213 - Appeals

(a)    Within 10 days after receiving a decision under § 5-212 of this subtitle, a complainant may appeal the decision in writing to the Secretary.
(b)    Within 30 days after an appeal is received:
(1)    the Coordinator:
(i)    shall review the complaint and the decision being appealed;
(ii)    may conduct any necessary investigation; and
(iii)    shall recommend to the Secretary or designee a finding of whether a violation of this subtitle has occurred; and
(2)    the Secretary or designee shall:
(i)    take the action described in subsection (c)(1) or (c)(2) of this section; and
(ii)    issue to the parties a written decision that includes notice of any remedial action taken.
(c)    (1)    If the Secretary or designee determines that a violation has not occurred, the Secretary or designee shall dismiss the complaint.
(2)    If the Secretary or designee determines that a violation has occurred, the Secretary or designee shall take appropriate remedial action.
(d)    As remedial action for a violation of § 5-208 of this subtitle, the Secretary or designee may:
(1)    order the removal of detrimental information from the complainant's State personnel records;
(2)    require the head of the principal unit to:
(i)    hire, promote, or reinstate the complainant or end the complainant's suspension from employment;
(ii)    award the complainant back pay up to the day of the violation;
(iii)    grant the complainant leave or seniority;
(iv)    take appropriate disciplinary action against any individual who caused the violation; or
(v)    take any other remedial action that the Secretary or designee considers appropriate.
(e)    The decision of the Secretary or designee is final.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 5 - Employee Rights and Protections › Subtitle 3 - Maryland Whistleblower Law in the Executive Branch of State Government › Section 5-301 - Applicability

(a)    This subtitle applies to:
(1)    all employees and State employees who are applicants for positions in the Executive Branch of State government, including a unit with an independent personnel system; and
(2)    if both the Commonwealth of Virginia and the District of Columbia enact similar whistleblower protections or waive their sovereign immunity as applied to the Washington Metropolitan Area Transit Authority for the purpose of providing whistleblower protections, all employees of the Washington Metropolitan Transit Authority.
(b)    For the purpose of subsection (a)(2) of this section, the General Assembly considers the following whistleblower protection laws to be similar to whistleblower protection laws established under Title 5, Subtitle 3 of the State Personnel and Pensions Article:
(1)    the District of Columbia’s Employees of District Contractors and Instrumentality Whistleblower Protection Act, Title 2, Chapter 2, Subchapter XII of the Code of the District of Columbia; and
(2)    the Commonwealth of Virginia’s Fraud and Abuse Whistleblower Protection Act, Title 2.2, Chapter 30.1 of the Code of Virginia.