reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 18 - Personnel › Subtitle 1 - Personnel Management › Section 18-125 - Whistleblower Protections

(a)    On or before October 1, 2010, the Commission shall adopt regulations that establish comprehensive Commission employee whistleblower protections.
(b)    The regulations adopted under subsection (a) of this section shall:
(1)    be similar to the provisions of Title 5, Subtitle 3 of the State Personnel and Pensions Article;
(2)    prohibit a manager or supervisor from taking or refusing to take a personnel action as a reprisal against an employee who:
(i)    discloses information that the employee reasonably believes evidences:
1.    an abuse of authority, gross mismanagement, or gross waste of money;
2.    a substantial and specific danger to public health or safety; or
3.    a violation of law; or
(ii)    following a disclosure under item (i) of this item, seeks a remedy provided by regulation or any other law;
(3)    require the Commission to provide the employees of the Commission with written notice of the protections and remedies provided by the regulations;
(4)    set up a procedure by which an employee who seeks relief for a violation of the regulations may file a complaint or a grievance;
(5)    establish a system for investigating complaints and grievances; and
(6)    set forth remedial actions that may be taken by the Commission if a violation of the regulations is found to have occurred.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 18 - Personnel › Subtitle 1 - Personnel Management › Section 18-126 - Prohibited Acts

(a)    A person may not impersonate another in an examination held under this subtitle.
(b)    A person may not willfully or corruptly falsify a score or report on an examination held under this subtitle.
(c)    (1)    A person, acting alone or in cooperation with another, may not:
(i)    willfully or corruptly deceive an individual about the right to take an examination held under this subtitle;
(ii)    willfully or corruptly interfere with the right of an individual to take an examination held under this subtitle;
(iii)    falsify, or assist another to falsify, a score, grade, estimate, or report on the examination or standing of an individual examined under this subtitle; or
(iv)    give to an individual any special information in order to improve or harm the individual’s rating for appointment or employment.
(2)    Notwithstanding paragraph (1)(iv) of this subsection, a person may answer any inquiry from the Secretary.
(d)    A candidate for employment may not deceive the Commission or the Secretary in order to improve the candidate’s chances for appointment.
(e)    (1)    A candidate for appointment to a merit system position may not sign a resignation from that position in advance of the appointment.
(2)    A resignation signed in violation of paragraph (1) of this subsection is void and of no effect.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 18 - Personnel › Subtitle 2 - Collective Bargaining › Section 18-202 - Employee Organization as Exclusive Representative of Bargaining Unit

(a)    The Commission shall recognize the right of an employee organization, certified under this subtitle as the exclusive representative of a bargaining unit, to represent the employees of the bargaining unit in collective bargaining and in the settlement of grievances.
(b)    An employee organization certified as the exclusive representative of a bargaining unit shall:
(1)    serve as the sole bargaining agent for the unit in collective bargaining; and
(2)    represent all employees in the bargaining unit fairly, without discrimination, and without regard to whether an employee is a member of the employee organization.
(c)    An employee organization meets the requirements of subsection (b)(2) of this section if the employee organization’s actions with respect to employees who are members of the employee organization and employees who are not members of the employee organization are not arbitrary, discriminatory, or in bad faith.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 18 - Personnel › Subtitle 2 - Collective Bargaining › Section 18-203 - Labor Relations Administrator

(a)    After a public hearing, the Commission shall appoint an experienced neutral third party to serve as labor relations administrator for 1 year.
(b)    (1)    After the term for the labor relations administrator appointed under subsection (a) of this section expires, the exclusive representative or representatives and the Commission shall jointly appoint a labor relations administrator from a list of five nominees on whom they have agreed.
(2)    If the exclusive representative or representatives and the Commission are unable to jointly agree on a list of five nominees or are unable to jointly appoint a labor relations administrator from the list, the Commission shall request from the American Arbitration Association a list of 15 candidates located in the State or the Washington, D.C. metropolitan area.
(3)    The Commission and the exclusive representative or representatives shall select the labor relations administrator by each of the parties striking one name from the list until the last name remains.
(4)    A random drawing shall determine the order in which the parties shall strike names.
(5)    The labor relations administrator shall be appointed for a term of 3 years.
(c)    After the term for the labor relations administrator appointed under subsection (a) of this section expires and after a public hearing on the appointment, if no exclusive representative has been certified under this subtitle, the Commission shall appoint the next labor relations administrator for a term not exceeding 1 year.
(d)    A labor relations administrator is eligible for reappointment.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 18 - Personnel › Subtitle 2 - Collective Bargaining › Section 18-204 - Submission of Constitution and Bylaws to Labor Relations Administrator

(a)    An employee organization that is certified or that seeks certification as an exclusive representative under this subtitle shall submit to the labor relations administrator:
(1)    a copy of the employee organization’s constitution and bylaws; and
(2)    any subsequent change in the employee organization’s constitution or bylaws.
(b)    The constitution or bylaws shall include:
(1)    a pledge that the employee organization accept members without regard to age, marital status, national origin, race, religion, disability, sexual orientation, or gender;
(2)    the right of members to participate in the affairs of the employee organization;
(3)    procedures for periodic elections for officers by secret ballot;
(4)    fair procedures governing disciplinary actions;
(5)    procedures for the accurate accounting of all income and expenditures;
(6)    a requirement that an independent annual financial report be produced; and
(7)    the right of members to inspect the organization’s accounts.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 18 - Personnel › Subtitle 2 - Collective Bargaining › Section 18-206 - Dispute Over Eligibility of Employee in Bargaining Unit

(a)    If the Commission and an employee organization dispute the eligibility of an employee in a bargaining unit, the dispute shall be submitted to the labor relations administrator.
(b)    The labor relations administrator shall hold one or more evidentiary hearings at which the Commission and interested employee organizations shall have the opportunity to present testimony, documentary and other evidence, and arguments.
(c)    The decision of the labor relations administrator is final.
(d)    The Commission and the employee organization or organizations shall share equally the costs of the hearings.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 18 - Personnel › Subtitle 2 - Collective Bargaining › Section 18-207 - Collective Bargaining -- Requirements

(a)    The Commission and an employee organization certified as the exclusive representative shall meet and engage in collective bargaining in good faith regarding:
(1)    salary and wages, including the percentage of the increase in the salary and wages budget that will be devoted to merit increments and cash awards;
(2)    pension and other retirement benefits for active employees;
(3)    employee benefits such as insurance, leave, holidays, and vacations;
(4)    hours and working conditions;
(5)    provisions for the orderly processing and settlement of grievances concerning the interpretation and implementation of a collective bargaining agreement that may include:
(i)    binding third party arbitration; and
(ii)    provisions for the exclusivity of forum;
(6)    matters affecting the health and safety of employees; and
(7)    the effect on employees of the exercise of the Commission’s rights and responsibilities under § 18–211 of this subtitle.
(b)    This section does not require the Commission or the employee organization to agree to any proposal or to make any concession.
(c)    (1)    (i)    Collective bargaining may not begin later than September 1 before the beginning of a fiscal year for which an agreement has not been reached between the Commission and the certified representative.
(ii)    Collective bargaining shall finish on or before the following February 1.
(2)    During the period set in paragraph (1) of this subsection, the parties shall negotiate in good faith.
(d)    Salaries and wages shall be uniform for all employees in the same classification.
(e)    The Commission and the employee organization shall share equally the costs of binding arbitration.
(f)    (1)    Notwithstanding any other provision of this subtitle, pension and other retirement benefits for active employees may not be subject to binding arbitration.
(2)    Collective bargaining regarding pension and other retirement benefits for active employees may not require the Commission to offer more than one pension plan to its employees.
(3)    If more than one employee organization is certified as an exclusive representative of a bargaining unit, the Commission shall engage in collective bargaining with all exclusive representatives at the same time about the terms of pension and other retirement benefits for active employees.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 18 - Personnel › Subtitle 2 - Collective Bargaining › Section 18-209 - Provisions of Collective Bargaining Agreement

(a)    The Commission and an employee organization certified as the exclusive representative of a bargaining unit shall execute a collective bargaining agreement incorporating all matters of agreement on wages, hours, and other terms and conditions of employment.
(b)    If a collective bargaining agreement provides for a grievance procedure, that grievance procedure shall be the sole procedure for employees in the bargaining unit.
(c)    The collective bargaining agreement may include an agency shop or other union security provision.
(d)    The collective bargaining agreement supersedes any conflicting regulation or administrative policy of the Commission.
(e)    A single–year or multiyear collective bargaining agreement shall expire at the close of the appropriate fiscal year.
(f)    A collective bargaining agreement takes effect on the approval by the Commission and the membership of the union representing the bargaining unit.
(g)    This section does not limit an employee’s right to an appeal to the Office of Administrative Hearings under § 18–123(b) of this title.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 18 - Personnel › Subtitle 2 - Collective Bargaining › Section 18-210 - Funding of Collective Bargaining Agreements

(a)    (1)    The Commission shall include in its annual proposed operating budget, which it submits to the county executives of Montgomery County and Prince George’s County, provisions for the funding of all terms included in all collective bargaining agreements.
(2)    Unless the county councils of Montgomery County and Prince George’s County both approve the Commission’s budget so as to approve the terms of the collective bargaining agreement, the Commission and the employee organization, within 5 days after the annual joint county council meeting, shall reopen the negotiated agreement and bargain with respect to the provisions of the agreement not approved by the county councils.
(b)    If a provision in a collective bargaining agreement is not funded by Montgomery County or Prince George’s County or is ruled invalid, the remainder of the agreement remains in effect unless reopened under subsection (a)(2) of this section.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 18 - Personnel › Subtitle 2 - Collective Bargaining › Section 18-211 - Impairment of Rights and Responsibilities of Commission Prohibited

This subtitle and any agreement made under it may not impair the right and responsibility of the Commission to:
(1)    determine the overall budget and mission of the Commission;
(2)    maintain and improve the efficiency and effectiveness of operations;
(3)    determine the services to be rendered and the operations to be performed;
(4)    determine the location of facilities and the overall organizational structure, methods, processes, means, job classifications, and personnel by which operations are to be conducted;
(5)    direct and supervise employees;
(6)    hire, select, and establish the standards governing promotion of employees and classify positions;
(7)    relieve employees from duties because of lack of work or funds or when the Commission determines continued work would be inefficient or nonproductive;
(8)    take actions to carry out the missions of government in situations of emergency;
(9)    transfer and schedule employees;
(10)    determine the size, grades, and composition of the workforce;
(11)    set the standards of productivity and technology;
(12)    establish employee performance standards and evaluate and assign employees, except that evaluation and assignment procedures may be a subject for collective bargaining;
(13)    make and implement systems for awarding outstanding service increments, extraordinary performance awards, and other merit awards;
(14)    introduce new or improved technology, research, development, and services;
(15)    control and regulate the use of machinery, equipment, and other property and facilities of the Commission, subject to § 18–207(a)(6) of this subtitle;
(16)    maintain internal security standards;
(17)    create, alter, combine, contract out, or abolish any job classification, department, operation, unit, or other division or service;
(18)    suspend, discharge, or otherwise discipline employees for cause, subject to the grievance procedure stated in the collective bargaining agreement or as provided by law; and
(19)    issue and enforce rules, policies, and regulations necessary to carry out this section and all other managerial functions that are not inconsistent with federal or State law or the terms of a collective bargaining agreement.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 18 - Personnel › Subtitle 2 - Collective Bargaining › Section 18-212 - Prohibited Activities by Commission

(a)    (1)    The Commission may not:
(i)    interfere with, coerce, or restrain an employee in the exercise of rights under this subtitle;
(ii)    dominate, interfere with, or assist in the formation, administration, or existence of any employee organization or contribute financial assistance or other support to an employee organization;
(iii)    encourage or discourage membership in any employee organization by discriminating against an employee through hiring, tenure, promotion, or other conditions of employment;
(iv)    discharge or discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given any information or testimony under this subtitle; or
(v)    refuse to bargain in good faith with an employee organization that is certified as the exclusive representative of a bargaining unit over any subject of bargaining or refuse to participate in good faith in binding arbitration or grievance procedures under this subtitle.
(2)    Paragraph (1)(ii) of this subsection does not prohibit the Commission from allowing employees to negotiate or to confer with the Commission over labor matters during work hours without the loss of pay or time.
(b)    The Commission may not contract out work that will displace employees in a bargaining unit unless the Commission gives written notice to the certified representative of the bargaining unit at least 90 days before signing the contract or within a different period of time as agreed by the parties.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 18 - Personnel › Subtitle 2 - Collective Bargaining › Section 18-213 - Prohibited Activities of Employee Organization

(a)    An employee organization may not:
(1)    interfere with, coerce, or restrain an employee in the exercise by the employee of any right under this subtitle;
(2)    cause or attempt to cause the Commission to discriminate against an employee in the exercise by the employee of any right under this subtitle;
(3)    coerce, discipline, fine, or attempt to coerce a member of an employee organization as punishment or reprisal;
(4)    coerce, discipline, fine, or attempt to coerce a member of an employee organization for the purpose of impeding the member’s work performance;
(5)    refuse to negotiate in good faith with the Commission as required under § 18–207 of this subtitle; or
(6)    fail or refuse to cooperate in impasse procedures and impasse decisions as required under § 18–208 of this subtitle.
(b)    Only an eligible employee may file an unfair labor charge against an employee organization for a violation of subsection (a)(3) or (4) of this section.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 18 - Personnel › Subtitle 2 - Collective Bargaining › Section 18-214 - Rights of Commission Employees

(a)    Commission employees shall retain the right to:
(1)    form, join, or assist any employee organization;
(2)    bargain collectively through the representative that they have chosen;
(3)    engage in other lawful concerted activities for the purpose of collective bargaining; and
(4)    refrain from any activity covered under this paragraph.
(b)    An employee may only present a grievance arising under a collective bargaining agreement to the Commission through the employee organization certified as the exclusive representative for the bargaining unit.
(c)    (1)    An employee who is a member of a bargaining unit with an exclusive representative may discuss any matter with the General Manager of the Commission or the General Manager’s designee.
(2)    The Commission may not alter any terms or conditions of employment that are subject to collective bargaining under § 18–207 of this subtitle without following the process for collective bargaining under this subtitle.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 18 - Personnel › Subtitle 2 - Collective Bargaining › Section 18-215 - Strike

(a)    In this section, “strike” means the action of an employee, in concert with others, to:
(1)    refuse to report to work;
(2)    stop or slow down work; or
(3)    abstain wholly or partly from the full, faithful, and proper performance of duties for the purpose of inducing, influencing, or coercing a change in the terms, conditions, rights, or privileges of employment.
(b)    A Commission employee, group of Commission employees, or employee organization may not engage in, induce, initiate, or ratify a strike by Commission employees.
(c)    If a strike occurs, a court of competent jurisdiction may enjoin the strike on request of the Commission.
(d)    An employee may not receive compensation from the Commission while the employee is engaged in a strike.
(e)    (1)    If an employee engages in, induces, initiates, or ratifies a strike, the Commission may take appropriate disciplinary action against the employee, including suspension or discharge.
(2)    If disciplinary action is taken and appealed, the labor relations administrator shall hold a hearing on the disciplinary action at which the Commission, the employee, and any interested employee organization may present evidence and argument.
(f)    (1)    If after a hearing an employee organization certified as an exclusive representative is found by the labor relations administrator to have assisted, authorized, or initiated a strike involving the refusal of Commission employees to report for work, the labor relations administrator shall revoke the certification of the employee organization.
(2)    An employee organization decertified under paragraph (1) of this subsection may not be recertified for 2 years after the end of the strike.
(3)    If after a hearing an employee organization certified as an exclusive representative is found by the labor relations administrator to have assisted, authorized, or initiated any other type of strike, the labor relations administrator may revoke the certification of the employee organization for up to 1 year after the end of the strike.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 18 - Personnel › Subtitle 2 - Collective Bargaining › Section 18-216 - Unfair Labor Practice

(a)    It is an unfair labor practice for the Commission or an employee organization certified as an exclusive representative of a bargaining unit to violate the rights of a Commission employee under this subtitle.
(b)    Within 30 business days after the alleged violation, the party charging an unfair labor practice shall submit the charge in writing to the labor relations administrator and the party alleged to have committed the unfair labor practice.
(c)    Within 15 business days after an unfair labor practice charge is submitted, the Commission and the employee organization shall request the labor relations administrator to hold a hearing and decide whether an unfair labor practice has occurred.
(d)    The labor relations administrator shall:
(1)    conduct the hearing;
(2)    issue a finding of facts and conclusion of law;
(3)    order the party found to have committed the unfair labor practice to cease and desist from the prohibited practice; and
(4)    order all relief necessary to remedy the violation of this subtitle and otherwise to make whole any injured employee or employee organization or the Commission, if injured, including reinstatement, restitution, back pay, or other remedy needed to restore the employee, the employee organization, or the Commission to the position or condition it would have been in but for the violation.
(e)    The labor relations administrator may not order punitive damages, consequential damages, damages for emotional distress, pain, and suffering, or attorney’s fees for purposes of satisfying the requirements of subsection (d)(4) of this section.
(f)    If the labor relations administrator finds that the party charged has not committed an unfair labor practice, the labor relations administrator shall issue an order dismissing the charges.
(g)    (1)    Subject to paragraph (2) of this subsection, the labor relations administrator’s decision is final.
(2)    A party may seek judicial review of the decision on the basis that the decision is arbitrary, capricious, or exceeds the authority of the labor relations administrator.
(h)    The Commission and the employee organization shall share equally the costs of any unfair labor practice proceeding.
(i)    If the party found to have committed the unfair labor practice fails or refuses to comply with the labor relations administrator’s decision in whole or in part, the charging party may file an action to enforce the order with the circuit court for the county in which any of the involved employees work.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 18 - Personnel › Subtitle 2 - Collective Bargaining › Section 18-217 - Expression of Personal View, Argument, Opinion, or Statement

(a)    This section applies to the expression of any personal view, argument, or opinion or the making of any personal statement that:
(1)    (i)    publicizes the fact of a representational election and encourages employees to exercise their right to vote in the election;
(ii)    corrects the record with respect to any false or misleading statement made by any person; or
(iii)    informs employees of the Commission’s policy relating to labor–management relations and representation;
(2)    does not contain a threat of reprisal, force, or promise of benefit; and
(3)    is not made under coercive conditions.
(b)    The expression of any personal view, argument, opinion, or statement described in subsection (a) of this section does not constitute:
(1)    an unfair labor practice under the provisions of this subtitle; or
(2)    grounds for setting aside any election conducted under this subtitle.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 19 - Ethics › Section 19-102 - Application of Maryland Public Ethics Law

(a)    Except where provisions of this title exceed the minimum standards of the Maryland Public Ethics Law, commissioners and employees of the Commission are subject to the conflict of interest and lobbying provisions of the Maryland Public Ethics Law.
(b)    Notwithstanding any other provision of law, a commissioner, employee, contractor, or subcontractor of the Commission may not willfully and knowingly violate:
(1)    any provision of this title;
(2)    the Maryland Public Ethics Law; or
(3)    any Commission regulation governing:
(i)    conflicts of interest;
(ii)    financial disclosure;
(iii)    lobbying; or
(iv)    ethics in public contracting.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 19 - Ethics › Section 19-105 - Ex Parte Communications

(a)    A commissioner or employee of the Commission who receives an ex parte communication that concerns a case where a determination or decision is required by law to be made only after a public hearing for interested parties shall make the ex parte communication public and part of the record of the proceeding.
(b)    A commissioner or employee of the Commission who receives an ex parte communication that concerns the merits of a case where the commissioner’s or employee’s determination or decision is required by law to be made only after a public hearing for interested parties shall:
(1)    note the substance of an oral ex parte communication for the record; and
(2)    place the substance of a written ex parte communication on the record.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 19 - Ethics › Section 19-106 - Oaths and Subpoenas

(a)    The Board and its counsel each may:
(1)    administer oaths; and
(2)    issue subpoenas for the attendance of witnesses to testify or to produce other evidence.
(b)    A subpoena issued under this section may be enforced judicially.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 19 - Ethics › Section 19-107 - Judicial Review and Enforcement of Orders

(a)    Notwithstanding any other provision of the Commission code of ethics, judicial enforcement under this section in the investigation of a complaint alleging improper disclosure of confidential information shall apply only to information that is subject to denial of a request for information under the Maryland Public Information Act.
(b)    If a respondent is required to file a financial disclosure statement, for each financial disclosure statement found to have been filed late, the respondent shall pay a fee of $5 for each day the filing is late, not to exceed a total of $500.
(c)    (1)    A respondent aggrieved by a final order of the Board may seek judicial review as provided under Title 10, Subtitle 2 of the State Government Article.
(2)    (i)    Unless the Board and the respondent mutually agree otherwise, an order of the Board is stayed until the time for seeking judicial review expires.
(ii)    If a timely appeal is filed, the order is stayed until final disposition by the court.
(3)    The Commission may seek judicial enforcement:
(i)    of an order of the Board; or
(ii)    in accordance with § 19–108 of this title, to ensure compliance with its regulations governing:
1.    conflicts of interest;
2.    financial disclosure;
3.    lobbying; or
4.    ethics in public contracting.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 19 - Ethics › Section 19-108 - Injunctive Relief and Fines

A court may:
(1)    compel compliance with an order of the Board or Commission regulations governing conflicts of interest, financial disclosure, lobbying, or ethics in public contracting by:
(i)    issuing an order to cease and desist from the violation; or
(ii)    granting other injunctive relief; and
(2)    impose a fine not exceeding $5,000 for a violation of this title or Commission regulations governing conflicts of interest, financial disclosure, lobbying, or ethics in public contracting.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 20 - Procurement › Subtitle 1 - Water and Sewer Procurement Contracts › Section 20-101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Design/build contract” means a contract that provides for both architectural and engineering design services and construction services as a part of a single contract.
(c)    “Evaluated bid price” means the price of a bid after adjustment in accordance with objective measurable criteria.
(d)    “Facilities construction contract” means a contract that provides services for the construction of:
(1)    a water or wastewater treatment plant;
(2)    a water or wastewater pumping station and related force mains in the pumping station site limits;
(3)    a water storage facility;
(4)    a wastewater storage facility;
(5)    a building for Commission purposes; or
(6)    a pipeline.
(e)    “Objective measurable criteria” means standards that enable the Commission to compare the economy, effectiveness, or value of the subject of the bids.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 20 - Procurement › Subtitle 1 - Water and Sewer Procurement Contracts › Section 20-104 - Design and Construction of System -- in General

(a)    The Commission shall provide an opportunity for a hearing before proceeding with the design or construction of a water supply or sanitary sewer system.
(b)    Subject to subsection (c) of this section, the Commission:
(1)    shall advertise in newspapers and technical media that the Commission considers appropriate for bids or proposals for design or construction services for any part of a water supply or sanitary sewer system; and
(2)    may readvertise any part of the services needed if the Commission considers the prices quoted in response to a prior advertisement to be unreasonable.
(c)    (1)    Subject to paragraph (2) of this subsection, the Commission may use day labor to complete any part of the design or construction of a water supply or sanitary sewer system.
(2)    Notwithstanding § 20–105(a) of this subtitle, the Commission may spend up to $15,000 for day labor for any part of construction services without advertising for or receiving bids or proposals.
(d)    (1)    Except as provided in paragraph (2) of this subsection, the Commission may enter into any type of contract under this subtitle that promotes the best interest of the Commission.
(2)    The Commission:
(i)    may not enter a cost–plus–percentage–of–cost contract; and
(ii)    shall prohibit a cost–plus–percentage–of–cost subcontract under a contract with the Commission.
(e)    The Commission may only enter into a design/build contract for a facilities construction contract with costs exceeding $2,000,000.
(f)    The Commission may reject any bid or proposal.
(g)    (1)    The Commission may require a contract to be secured by bonds, penalties, and conditions.
(2)    Security authorized under this subsection is enforceable in any court of competent jurisdiction.
(h)    The Commission:
(1)    may adopt regulations to establish a prequalification process for bidders or offerors; and
(2)    shall adopt regulations to govern discussions held with offerors under § 20–105(c)(3) of this subtitle.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 20 - Procurement › Subtitle 2 - Minority Business Enterprise Preferences › Section 20-201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    Except as provided in § 20–203 of this subtitle, “minority business enterprise” means a legal entity that is:
(1)    organized to engage in commercial transactions; and
(2)    at least 51% owned and controlled by one or more individuals who are members of a group that is:
(i)    disadvantaged socially or economically by the effects of past discrimination, including discrimination as to certification; and
(ii)    identified by a study conducted in accordance with this subtitle or a similar, previously conducted study.
(c)    “Office” means the Office of Supplier Diversity and Inclusion established under § 20–202 of this subtitle.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 20 - Procurement › Subtitle 2 - Minority Business Enterprise Preferences › Section 20-202 - Legislative Findings

(a)    There is an Office of Supplier Diversity and Inclusion in the Commission.
(b)    The head of the Office is the Director of the Office of Supplier Diversity and Inclusion.
(c)    The Office shall:
(1)    administer each Commission program that is created to promote the growth of or participation by minority or local small business enterprises, including:
(i)    the minority business enterprise utilization program for design/build and construction contracts under § 20–203 of this subtitle;
(ii)    the minority business enterprise utilization program for the procurement of other goods and services under § 20–204 of this subtitle; and
(iii)    the local small business enterprise program under Subtitle 3 of this title;
(2)    promote and coordinate the plans, programs, and operations of the Commission that promote or affect the establishment, preservation, and strengthening of minority business enterprises;
(3)    promote activities and the use of the resources of the Commission, local governments, and private entities for the growth of minority business enterprises;
(4)    provide technical and managerial assistance to minority business enterprises;
(5)    schedule seminars and workshops to educate minority businesses on how the Commission conducts business; and
(6)    ensure compliance with certified minority business enterprise subcontract participation goals under § 20–206 of this subtitle.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 20 - Procurement › Subtitle 2 - Minority Business Enterprise Preferences › Section 20-206 - Subcontractor Participation Goals

(a)    The Office shall verify that a certified minority business enterprise listed in a schedule of participation is actually performing work and receiving compensation as established in the schedule.
(b)    To facilitate the Office completing its duties under subsection (a) of this section, a contractor shall:
(1)    allow the Office to inspect any relevant matter, including records and the job site;
(2)    allow the Office to interview subcontractors and employees of the contractor;
(3)    if performing a construction contract, ensure that subcontractors:
(i)    are paid any undisputed amount to which the subcontractor is entitled as provided under § 15–226 of the State Finance and Procurement Article; and
(ii)    comply with Commission regulations;
(4)    include in the agreement with the certified minority business enterprise subcontractor a requirement that the subcontractor submit a monthly report to the Commission that:
(i)    identifies the prime contract; and
(ii)    lists payments received from the contractor in the previous month and invoices sent to the contractor that have not been paid; and
(5)    submit a monthly report to the Commission that lists:
(i)    unpaid invoices that are more than 30 days old received from certified minority business enterprise subcontractors; and
(ii)    the reason payments have not been made.
(c)    (1)    (i)    On completion of a contract or before final payment or release of retainage, the Commission may require a general contractor on a contract having a minority business enterprise subcontracting goal to submit to the Commission a final report of all payments made to or withheld from minority business enterprise subcontractors.
(ii)    The final report shall be in affidavit form and under the penalties for perjury.
(2)    Each solicitation shall contain notice of the requirements of this subsection.
(d)    (1)    On a finding that a contractor is noncompliant, the Commission shall notify the contractor in writing of the findings and state the required corrective action.
(2)    A noncompliant contractor shall:
(i)    initiate the corrective action within 10 days after receiving the written notice; and
(ii)    complete the corrective action within the time specified by the Commission.
(e)    If the Commission finds that a general contractor is in material noncompliance with minority business enterprise contract provisions and the general contractor fails to take the corrective action required by the Commission, the Commission may:
(1)    terminate the contract;
(2)    refer the general contractor to the general manager of the Commission or the full Commission for appropriate action; or
(3)    initiate any other specific remedy identified in the contract.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 20 - Procurement › Subtitle 2 - Minority Business Enterprise Preferences › Section 20-207 - Reports

(a)    By October 31 of each year, the Commission shall issue a report to the Montgomery County and Prince George’s County Senate and House Delegations to the Maryland General Assembly concerning:
(1)    the implementation and administration of the minority business enterprise programs under this subtitle for the fiscal year ending on the preceding June 30; and
(2)    appropriate recommendations concerning the programs.
(b)    (1)    The Commission may conduct an impartial fact–finding study in connection with a minority business enterprise program for consistency with applicable law.
(2)    The Commission shall report the findings of a study completed under this subsection to the Montgomery County and Prince George’s County Senate and House Delegations to the Maryland General Assembly.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 20 - Procurement › Subtitle 3 - Local Small Business Enterprise Program › Section 20-302 - Authorized

(a)    By resolution or adopting regulations, the Commission may establish a local small business enterprise program.
(b)    The Office of Supplier Diversity and Inclusion, established under § 20–202 of this title, shall administer the program.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 20 - Procurement › Subtitle 3 - Local Small Business Enterprise Program › Section 20-303 - Purpose

The purpose of the program is to assist small businesses in Montgomery County and Prince George’s County by:
(1)    establishing a sheltered market or other appropriate preference; or
(2)    facilitating the award of Commission construction contracts or procurement contracts for goods and services to small businesses in Montgomery County and Prince George’s County.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 20 - Procurement › Subtitle 3 - Local Small Business Enterprise Program › Section 20-304 - Eligibility

(a)    The Commission shall adopt:
(1)    eligibility criteria for businesses to qualify for the program, including:
(i)    the criteria for a small business qualifying under the Small Business Preference Program as established in regulations adopted by the Department of General Services under § 14–203 of the State Finance and Procurement Article;
(ii)    a requirement that:
1.    the business’s principal place of business be in Montgomery County or Prince George’s County; or
2.    at least 25% of the total number of employees of the business be domiciled in Montgomery County or Prince George’s County; and
(iii)    any other eligibility criteria that the Commission determines to be necessary or appropriate for the promotion of small businesses in the Commission’s service area; and
(2)    administrative procedures for conducting the program.
(b)    A business may qualify as a local small business enterprise under the program without regard to the race, ethnicity, or gender of the participants in the business.
(c)    The Commission shall establish criteria for graduation from the program for a local small business that the Commission determines no longer requires the assistance or benefits offered by the program.
(d)    The Commission shall review the eligibility criteria and administrative procedures of the program each year to assess their effectiveness in furthering the purposes of the program.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 21 - Property and Land Use Matters › Subtitle 1 - Acquisition and Disposition of Property › Section 21-101 - Acquisition of Property

(a)    In this section, “property” includes:
(1)    land;
(2)    structures;
(3)    buildings;
(4)    streambeds;
(5)    waterways;
(6)    water rights;
(7)    watersheds;
(8)    water systems and parts of water systems; and
(9)    wastewater systems and parts of wastewater systems.
(b)    The Commission may acquire property for the construction, extension, maintenance, or operation of a project the Commission considers:
(1)    necessary to carry out this division; or
(2)    in furtherance of this division.
(c)    If the Commission decides to acquire property within or outside the sanitary district in accordance with subsection (b) of this section, the Commission may acquire the property:
(1)    in fee; or
(2)    as an easement.
(d)    If the Commission fails to agree on the terms of acquisition with the owner of any property, the Commission may condemn the property by filing a petition for condemnation in the circuit court for the county in which the property is situated, as provided for condemnation of land under the Real Property Article.
(e)    The Commission may condemn the interest of any tenant, lessee, or other person having an interest in property that the Commission decides to acquire.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 21 - Property and Land Use Matters › Subtitle 1 - Acquisition and Disposition of Property › Section 21-102 - Condemnation -- Land Used for Cemetery Purposes

(a)    (1)    Except as provided in subsection (b) of this section, land used for cemetery purposes may not be condemned unless the Commission adopts a resolution declaring that it is necessary for the public health and safety to acquire the cemetery land, or an easement in the land, immediately by condemnation.
(2)    A resolution under this subsection may only be adopted on the affirmative vote of a majority of the commissioners from the county where the cemetery land is located.
(b)    (1)    The Commission may condemn public or private land used for cemetery purposes, or an easement in the land, without adopting a resolution in accordance with subsection (a) of this section if the land or easement is for the purpose of installing sewer lines or water lines.
(2)    Sewer lines or water lines installed on property condemned under paragraph (1) of this subsection shall be constructed underground and enclosed.
(c)    The land or easement to be acquired may not disturb:
(1)    any existing grave, grave marker, or monument; or
(2)    any grave site:
(i)    the title to which has been transferred as a result of a bona fide sale or exchange; or
(ii)    in which burial rights have vested or been transferred as a result of a bona fide sale or exchange.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 21 - Property and Land Use Matters › Subtitle 1 - Acquisition and Disposition of Property › Section 21-103 - Disposition of Property

If the Commission does not consider the property necessary for the operation of its water, sewer, or stormwater management systems, the Commission may sell, lease, transfer, convey, or dispose of any of its real or personal property on terms and conditions that the Commission considers advantageous.