reglab/statecodes huggingface dataset:
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 11 - Disciplinary Actions, Layoffs, and Employment Terminations in State Personnel Management System › Subtitle 1 - Disciplinary Actions › Section 11-105 - Automatic Termination of Employment

The following actions are causes for automatic termination of employment:
(1)    intentional conduct, without justification, that:
(i)    seriously injures another person;
(ii)    causes substantial damage to property; or
(iii)    seriously threatens the safety of the workplace;
(2)    theft of State property of a value greater than $300;
(3)    illegal sale, use, or possession of drugs on the job;
(4)    conviction of a controlled dangerous substance offense by an employee in a designated sensitive classification;
(5)    conviction of a felony;
(6)    accepting for personal use any fee, gift, or other valuable thing in connection with or during the course of State employment if given to the employee by any person with the hope or expectation of receiving a favor or better treatment than that accorded to other persons;
(7)    (i)    violation of the Fair Election Practices Act; or
(ii)    using, threatening, or attempting to use political influence or the influence of any State employee or officer in securing promotion, transfer, leave of absence, or increased pay;
(8)    wantonly careless conduct or unwarrantable excessive force in the treatment or care of an individual who is a client, patient, prisoner, or any other individual who is in the care or custody of this State; and
(9)    violation of § 3–314 of the Criminal Law Article.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 11 - Disciplinary Actions, Layoffs, and Employment Terminations in State Personnel Management System › Subtitle 1 - Disciplinary Actions › Section 11-106 - Duty of Appointing Authority Prior to Imposing Sanctions

(a)    Before taking any disciplinary action related to employee misconduct, an appointing authority shall:
(1)    investigate the alleged misconduct;
(2)    meet with the employee;
(3)    consider any mitigating circumstances;
(4)    determine the appropriate disciplinary action, if any, to be imposed; and
(5)    give the employee a written notice of the disciplinary action to be taken and the employee’s appeal rights.
(b)    Except as provided in subsection (c) of this section, an appointing authority may impose any disciplinary action no later than 30 days after the appointing authority acquires knowledge of the misconduct for which the disciplinary action is imposed.
(c)    (1)    An appointing authority may suspend an employee without pay no later than 5 workdays following the close of the employee's next shift after the appointing authority acquires knowledge of the misconduct for which the suspension is imposed.
(2)    Saturdays, Sundays, legal holidays, and employee leave days are excluded in calculating the 5-workday period under this subsection.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 11 - Disciplinary Actions, Layoffs, and Employment Terminations in State Personnel Management System › Subtitle 1 - Disciplinary Actions › Section 11-107 - Actions Which Do Not Constitute Disciplinary Actions

(a)    (1)    Issuing a counseling memorandum is an instructional communication and is not a disciplinary action within the meaning of this subtitle.
(2)    Within 5 days after receiving a counseling memorandum, an employee may submit to the employee's appointing authority a written response to the memorandum. The response shall be placed in the employee's file and attached to any record of the memorandum.
(3)    An employee may not take any other action in response to a counseling memorandum.
(b)    (1)    Placing an employee on leave without pay when the employee is absent without approval is not a disciplinary action within the meaning of this subtitle.
(2)    An employee who is placed on leave without pay for an unapproved absence also may be subject to disciplinary action for the unapproved absence.
(c)    (1)    Requiring an employee to make restitution to the State for loss or damage to State property due to the employee's negligence is not a disciplinary action within the meaning of this subtitle.
(2)    An appointing authority may not require an employee to pay restitution exceeding 3% of the employee's annual base pay.
(3)    An employee who is ordered to make restitution under this subsection also may be subject to civil prosecution or criminal prosecution for wanton destruction of property under the State law.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 11 - Disciplinary Actions, Layoffs, and Employment Terminations in State Personnel Management System › Subtitle 1 - Disciplinary Actions › Section 11-108 - Other Procedures Related to Disciplinary Actions

(a)    This subtitle does not preclude an appointing authority and an employee from agreeing to the:
(1)    holding in abeyance of a disciplinary action for a period not to exceed 18 months in order to permit an employee to improve conduct or performance; or
(2)    imposition of a lesser disciplinary action as a final and binding action, not subject to any further review.
(b)    (1)    If an employee fails to appeal a decision in accordance with this subtitle, the employee is considered to have accepted the decision.
(2)    A failure to decide an appeal in accordance with this subtitle is considered a denial from which an appeal may be made.
(c)    The parties may agree to waive or extend any time stated in this subtitle.
(d)    Each party shall make every effort to resolve an appeal at the lowest level possible.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 11 - Disciplinary Actions, Layoffs, and Employment Terminations in State Personnel Management System › Subtitle 1 - Disciplinary Actions › Section 11-109 - Appeal of Disciplinary Action by Employees in Skilled Service or Professional Service

(a)    (1)    Except as provided in paragraph (2) of this subsection, this section applies only to employees in the skilled service or the professional service.
(2)    This section does not apply to an employee under a special appointment described in § 6-405 of this article.
(b)    (1)    Except as provided in paragraph (3) of this subsection, an employee in the skilled service or the professional service may appeal a disciplinary action taken while the employee is on probation only on the basis that the action was illegal or unconstitutional.
(2)    The employee has the burden of proof in an appeal under this subsection.
(3)    The limitations in paragraphs (1) and (2) of this subsection do not apply to an employee in the skilled service or the professional service who is on probation following a promotion or reinstatement.
(c)    (1)    An employee or an employee’s representative may file with the head of the principal unit a written appeal of a disciplinary action that states, to the extent possible, the issues of fact and law that the employee believes would warrant rescinding the disciplinary action.
(2)    An appeal under this subtitle must be filed within 15 days after the employee receives notice of the appointing authority’s action.
(d)    The head of the principal unit may confer with the employee before making a decision.
(e)    (1)    The head of the principal unit may:
(i)    uphold the disciplinary action; or
(ii)    rescind or modify the disciplinary action taken and restore to the employee any lost time, compensation, status, or benefits.
(2)    Within 15 days after receiving an appeal, the head of the principal unit shall issue to the employee a written decision that addresses each point raised in the appeal.
(f)    Within 15 days after issuance of a decision to rescind a disciplinary action, the disciplinary action shall be expunged from the employee’s personnel records.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 11 - Disciplinary Actions, Layoffs, and Employment Terminations in State Personnel Management System › Subtitle 1 - Disciplinary Actions › Section 11-110 - Appeal to Secretary

(a)    (1)    Within 10 days after receiving a decision under § 11–109 of this subtitle, an employee or an employee’s representative may appeal the decision in writing to the Secretary.
(2)    An appeal shall state, to the extent possible, the issues of fact and law that are the basis for the appeal.
(b)    Within 30 days after receiving an appeal, the Secretary or designee shall:
(1)    (i)    mediate a settlement between the employee and the unit; or
(ii)    refer the appeal to the Office of Administrative Hearings; and
(2)    advise the employee in writing of the Secretary’s action.
(c)    (1)    Within 30 days after receiving the appeal, the Office of Administrative Hearings shall schedule a hearing and notify the parties of the hearing date.
(2)    The Office of Administrative Hearings shall dispose of the appeal or conduct a hearing on each appeal in accordance with Title 10, Subtitle 2 of the State Government Article. The Office is bound by any regulation, declaratory ruling, prior adjudication, or other settled, preexisting policy, to the same extent as the Department is or would have been bound if it were hearing the case.
(d)    (1)    Except as otherwise provided by this subtitle, the Office of Administrative Hearings may:
(i)    uphold the disciplinary action;
(ii)    rescind or modify the disciplinary action taken and restore to the employee any lost time, compensation, status, or benefits; or
(iii)    order:
1.    reinstatement to the position that the employee held at dismissal;
2.    full back pay and benefits; or
3.    both 1 and 2.
(2)    Within 45 days after the close of the hearing record, the Office of Administrative Hearings shall issue to the parties a written decision.
(3)    The decision of the Office of Administrative Hearings is the final administrative decision.
(4)    The principal unit that employs the employee shall pay all costs related to the appeal that are incurred by the Office of Administrative Hearings.
(e)    (1)    If a written decision issued under subsection (d) of this section is not appealed in accordance with § 10–222 of the State Government Article, within 45 days after issuance of a decision to rescind a disciplinary action, the disciplinary action shall be expunged from the employee’s personnel records.
(2)    If a written decision issued under subsection (d) of this section is appealed in accordance with § 10–222 of the State Government Article, within 45 days after the issuance of a final decision on appeal to rescind a disciplinary action, the disciplinary action shall be expunged from the employee’s personnel records.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 11 - Disciplinary Actions, Layoffs, and Employment Terminations in State Personnel Management System › Subtitle 1 - Disciplinary Actions › Section 11-111 - Policies and Procedures

The Secretary, by regulation, shall establish policies and procedures for disciplinary actions related to employee performance, that include procedures for:
(1)    providing counseling to an employee with deficiencies in performance;
(2)    allowing an employee the opportunity to improve deficiencies in performance;
(3)    imposing disciplinary actions, if warranted; and
(4)    providing notice to an employee of any disciplinary action and the employee’s appeal rights.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 11 - Disciplinary Actions, Layoffs, and Employment Terminations in State Personnel Management System › Subtitle 1 - Disciplinary Actions › Section 11-112 - Appeal to Peer Review Panel

(a)    If the principal unit has established a peer review panel for disciplinary actions in accordance with regulations adopted by the Secretary, the employee and the principal unit may agree in writing to submit the appeal to the peer review panel, instead of using the appeal procedures in §§ 11–109 and 11–110 of this subtitle.
(b)    The peer review panel may take action as set forth in § 11–110(d)(1) of this subtitle.
(c)    (1)    Within the time required by regulation, the peer review panel shall issue to the parties a written decision.
(2)    The decision of the peer review panel is the final administrative decision.
(d)    (1)    If a written decision issued under subsection (c) of this section is not appealed in accordance with § 10–222 of the State Government Article, within 45 days after issuance of a decision to rescind a disciplinary action, the disciplinary action shall be expunged from the employee’s personnel records.
(2)    If a written decision issued under subsection (c) of this section is appealed in accordance with § 10–222 of the State Government Article, within 45 days after the issuance of a final decision on appeal to rescind a disciplinary action, the disciplinary action shall be expunged from the employee’s personnel records.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 11 - Disciplinary Actions, Layoffs, and Employment Terminations in State Personnel Management System › Subtitle 1 - Disciplinary Actions › Section 11-113 - Appeal to Head of Principal Unit

(a)    This section applies only to an employee:
(1)    in the management service;
(2)    in executive service; or
(3)    under a special appointment described in § 6–405 of this article.
(b)    (1)    An employee or an employee’s representative may file a written appeal of a disciplinary action with the head of the principal unit.
(2)    An appeal:
(i)    must be filed within 15 days after the employee receives notice of the disciplinary action; and
(ii)    may only be based on the grounds that the disciplinary action is illegal or unconstitutional.
(3)    The employee has the burden of proof in an appeal under this section.
(c)    The head of the principal unit may confer with the employee before making a decision.
(d)    (1)    The head of the principal unit may:
(i)    uphold the disciplinary action; or
(ii)    rescind or modify the disciplinary action and restore to the employee any lost time, compensation, status, or benefits.
(2)    Within 15 days after receiving an appeal, the head of the principal unit shall issue the employee a written decision.
(3)    The decision of the head of the principal unit is the final administrative decision.
(e)    Within 15 days after issuance of a decision to rescind a disciplinary action, the disciplinary action shall be expunged from the employee’s personnel records.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 11 - Disciplinary Actions, Layoffs, and Employment Terminations in State Personnel Management System › Subtitle 2 - Layoffs › Section 11-201 - Scope of Subtitle

(a)    (1)    Except as otherwise provided by law, this subtitle only applies to skilled service and professional service employees in the State Personnel Management System.
(2)    The procedures in this subtitle do not apply to:
(i)    a disciplinary action under Subtitle 1 of this title;
(ii)    a termination or separation from employment under Subtitle 3 of this title; or
(iii)    special appointees.
(b)    This subtitle does not prevent the layoff of an employee who submits to the head of the employee's principal unit a written request to be laid off.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 11 - Disciplinary Actions, Layoffs, and Employment Terminations in State Personnel Management System › Subtitle 2 - Layoffs › Section 11-202 - Regulations Generally

The Secretary shall adopt regulations to provide procedures that are uniform among the principal units for:
(1)    the layoff of employees in the skilled service or the professional service; and
(2)    the reinstatement of laid-off and separated skilled service or professional service employees to comparable positions in State employment.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 11 - Disciplinary Actions, Layoffs, and Employment Terminations in State Personnel Management System › Subtitle 2 - Layoffs › Section 11-203 - When Layoffs Required

An employee shall be laid off if the employee is in a position that will be abolished, discontinued, or vacated because of a change in organization or because of a stoppage or lack of work.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 11 - Disciplinary Actions, Layoffs, and Employment Terminations in State Personnel Management System › Subtitle 2 - Layoffs › Section 11-204 - Notice

At least 60 days before a layoff is effective, an appointing authority shall give a notice of a layoff to each employee to be affected by the layoff.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 11 - Disciplinary Actions, Layoffs, and Employment Terminations in State Personnel Management System › Subtitle 2 - Layoffs › Section 11-205 - Seniority Points

(a)    For purposes of a layoff, an appointing authority shall compute the total number of seniority points for each employee subject to the layoff as follows:
(1)    one point for each month of State employment;
(2)    one point for each month of employment in the principal unit in which the layoff will occur;
(3)    one point for each month of employment in the job series in which the layoff will occur;
(4)    ten points for an eligible veteran; and
(5)    two points for an eligible veteran who has a service–connected disability or is a former prisoner of war.
(b)    An employee’s seniority points are the total of the points determined under subsection (a) of this section.
(c)    In this section, “eligible veteran” has the meaning stated in § 7–207(c) of this article.
(d)    An eligible veteran who is convicted of a crime after being discharged from or completing military service is ineligible for a credit under this section.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 11 - Disciplinary Actions, Layoffs, and Employment Terminations in State Personnel Management System › Subtitle 2 - Layoffs › Section 11-206 - Order of Layoffs

(a)    Except as provided in subsections (b) and (c) of this section:
(1)    employees in a class are to be laid off based on seniority points; and
(2)    the employee in the class with less seniority points shall be laid off before others in the class with higher seniority points.
(b)    If two or more employees in the same class have an equal number of seniority points, the employee with less points for total State employment shall be laid off first.
(c)    If two or more employees in the same class have an equal number of seniority points and the same number of points for total State employment, the appointing authority shall:
(1)    determine which employee to retain by making a written evaluation of the skills, knowledge, or abilities of each employee; and
(2)    submit the evaluation to the Secretary.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 11 - Disciplinary Actions, Layoffs, and Employment Terminations in State Personnel Management System › Subtitle 2 - Layoffs › Section 11-207 - Displacements

(a)    An employee being laid off may displace another employee who has the least seniority points:
(1)    in the same class or job series as the employee being laid off; or
(2)    in any other class in which the laid-off employee previously held satisfactory nonprobationary status within the 36 months immediately prior to the effective date of the layoff.
(b)    Subsection (a) of this section shall apply:
(1)    first to the employee’s current appointing authority regardless of geographical area;
(2)    if the provisions in paragraph (1) of this subsection are not available, to the employee’s current principal unit; or
(3)    a secretary or head of a State principal unit may limit the displacement within the principal unit to one or more of the established geographical areas as prescribed by the Secretary.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 11 - Disciplinary Actions, Layoffs, and Employment Terminations in State Personnel Management System › Subtitle 2 - Layoffs › Section 11-208 - Order of Reinstatements

(a)    The employee with the most seniority points shall be the first employee to be reinstated in the class from which the employee was laid off or from which the employee was separated under § 11-302 of this title or to any lower class in the same job series within the principal department or other independent unit in which the layoff or separation under § 11-302 of this title occurred.
(b)    Reinstatement to a comparable class to which the Secretary has certified employees who were laid-off or who were separated under § 11-302 of this title shall be made from among the five laid-off or separated employees with the most seniority points who are certified to the class.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 11 - Disciplinary Actions, Layoffs, and Employment Terminations in State Personnel Management System › Subtitle 3 - Employment Separations and Terminations › Section 11-302 - Separation

(a)    An employee is separated from State service when the appropriation in the State budget for the position is:
(1)    omitted by the Governor, as evidenced in the supporting documentation submitted with the budget;
(2)    struck by the General Assembly, as evidenced in the budget bill or in the report of the budget committees; or
(3)    reduced by the Governor in accordance with § 7-213 of the State Finance and Procurement Article, as evidenced in the supporting documentation submitted to the Board of Public Works.
(b)    An employee may not appeal a separation from employment under this section.
(c)    An employee who is separated under this section is not subject to the layoff provisions of Subtitle 2 of this title with the exception that an employee who is separated shall have the same reinstatement rights as a laid-off employee.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 11 - Disciplinary Actions, Layoffs, and Employment Terminations in State Personnel Management System › Subtitle 3 - Employment Separations and Terminations › Section 11-303 - Termination of Probationary Employee

(a)    An appointing authority may terminate the employment of a probationary employee.
(b)    Before terminating an employee who is on probation, the appointing authority shall give the employee a notice of termination at least 10 days before the effective date of the termination.
(c)    An appointing authority may suspend a probationary employee with pay between the date of the notice and the effective date of the termination.
(d)    A probationary employee may appeal a termination under this section only on the grounds that the termination is illegal or unconstitutional.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 11 - Disciplinary Actions, Layoffs, and Employment Terminations in State Personnel Management System › Subtitle 3 - Employment Separations and Terminations › Section 11-304 - Demotion or Removal of Probationary Employee

(a)    (1)    This section applies to employees on probation following a promotion or reinstatement to a position in the skilled service or professional service.
(2)    This section does not apply to probationary employees in the management service.
(b)    If, in the appointing authority's judgment, a probationary employee subject to this section is unable or unwilling to satisfactorily perform the duties or responsibilities of the position, the appointing authority shall:
(1)    return the employee to the employee's former position if it is vacant; or
(2)    demote the employee to a position comparable to the employee’s position within the appointing authority's jurisdiction.
(c)    A probationary employee may appeal a demotion under this section as a disciplinary action.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 11 - Disciplinary Actions, Layoffs, and Employment Terminations in State Personnel Management System › Subtitle 3 - Employment Separations and Terminations › Section 11-305 - Termination of Other Employees

(a)    (1)    This section applies only to an employee who is in a position:
(i)    under a special appointment;
(ii)    in the management service; or
(iii)    in the executive service.
(2)    This section does not apply to a health officer appointed under § 3–302 of the Health – General Article.
(b)    Each employee subject to this section:
(1)    serves at the pleasure of the employee’s appointing authority; and
(2)    may be terminated from employment for any reason that is not illegal or unconstitutional, solely in the discretion of the appointing authority.
(c)    A management service employee or a special appointment employee designated by the Secretary under § 4–201(c)(2)(i) of this article may not be terminated for the purpose of creating a new position for another individual’s appointment because of that individual’s political affiliation, belief, or opinion.
(d)    An employee or an employee’s representative may file a written appeal of an employment termination under this section as described under § 11–113 of this title.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 11 - Disciplinary Actions, Layoffs, and Employment Terminations in State Personnel Management System › Subtitle 3 - Employment Separations and Terminations › Section 11-306 - Status of Terminated Employee

As of the effective date of an employment termination, the individual whose employment is terminated:
(1)    is a former employee; and
(2)    shall have the appeal rights provided by this title.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 11 - Disciplinary Actions, Layoffs, and Employment Terminations in State Personnel Management System › Subtitle 4 - Resignations › Section 11-402 - Resignation Before Appointment Void

Any resignation from a position in the skilled service or professional service is void if the resignation, whether dated or undated, is signed before the day of appointment to that position.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 12 - Grievance Procedures in State Personnel Management System › Subtitle 1 - Definitions and General Provisions › Section 12-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Employer” means one or more of the following:
(1)    an employee’s appointing authority;
(2)    an employee’s principal unit; or
(3)    the Department of Budget and Management.
(c)    “Exclusive representative” has the meaning stated in § 3–101 of this article.
(d)    (1)    “Grievance” means a dispute between an employee and the employee’s employer about the interpretation of and application to the employee of:
(i)    a personnel policy or regulation adopted by the Secretary;
(ii)    any other policy or regulation over which management has control; or
(iii)    any term or condition of a memorandum of understanding between the State and the exclusive representative.
(2)    “Grievance” does not include a dispute about:
(i)    a pay grade or range for a class;
(ii)    the amount or the effective date of a statewide pay increase;
(iii)    the establishment of a class;
(iv)    the assignment of a class to a service category;
(v)    the establishment of classification standards;
(vi)    a mid–year performance appraisal; or
(vii)    an oral reprimand or counseling.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 12 - Grievance Procedures in State Personnel Management System › Subtitle 1 - Definitions and General Provisions › Section 12-102 - Scope of Title

(a)    Except as otherwise provided by law, this title applies to all employees in the State Personnel Management System within the Executive Branch and independent personnel systems.
(b)    This title does not apply to:
(1)    an employee who is appointed by the Governor whose appointment requires the Governor’s approval;
(2)    an employee in the executive service of the State Personnel Management System;
(3)    a temporary employee;
(4)    an attorney in the Office of the Attorney General;
(5)    a State Police officer;
(6)    an employee under § 7–601 of the Transportation Article who is subject to a collective bargaining agreement that contains another grievance procedure;
(7)    an employee, including a member of a faculty, who is subject to a contract or regulation governing teacher tenure;
(8)    a member of the faculty, an officer, or an administrative employee of Baltimore City Community College;
(9)    a student employee;
(10)    an individual who, as an inmate or patient in an institution, is employed by the State; or
(11)    an administrative law judge in the Office of Administrative Hearings.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 12 - Grievance Procedures in State Personnel Management System › Subtitle 1 - Definitions and General Provisions › Section 12-103 - Right to Bring Grievance; Exclusiveness of Remedy

(a)    An employee with a grievance or the grievant's representative may present the grievance free from coercion, discrimination, interference, reprisal, or restraint.
(b)    Unless another procedure is provided for by this article, the grievance procedure is the exclusive remedy through which a nontemporary employee in the State Personnel Management System may seek an administrative remedy for violations of the provisions of this article.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 12 - Grievance Procedures in State Personnel Management System › Subtitle 1 - Definitions and General Provisions › Section 12-105 - Representation

(a)    A grievant may choose any person to assist or represent the grievant at any time during the grievance process and shall notify the employer of that choice.
(b)    The appointing authority, the head of the principal unit, or the Secretary may designate an individual to assist or represent them at any step of the grievance process and shall notify the grievant of that designation.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 12 - Grievance Procedures in State Personnel Management System › Subtitle 1 - Definitions and General Provisions › Section 12-106 - Effect of Failure to Appeal or Decide

(a)    Except as otherwise provided in this title, if a grievant fails to appeal a decision in accordance with this title to the next step in the grievance procedure, the grievant is considered to have accepted the decision.
(b)    Except as otherwise provided in this title, a failure to decide a grievance at any step in the grievance procedure in accordance with this title is considered a denial from which an appeal may be made.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 12 - Grievance Procedures in State Personnel Management System › Subtitle 1 - Definitions and General Provisions › Section 12-107 - Waiver or Extension of Time Limitations

(a)    The parties may agree to waive any time limitations specified in this title.
(b)    If the individual responsible to prepare a decision to a grievance at Step One or Step Two of the grievance procedure cannot respond within the time specified in this title because the individual is on approved leave for 3 or more days:
(1)    the period for the decision shall be extended by the number of days of the approved leave, up to a maximum of 14 days; and
(2)    the grievant shall be notified of the extension of time.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 12 - Grievance Procedures in State Personnel Management System › Subtitle 1 - Definitions and General Provisions › Section 12-108 - Forms

(a)    The Secretary shall:
(1)    provide for forms for initiating and processing grievances; and
(2)    make the forms available on the Department’s website.
(b)    The grievant shall complete the forms provided in accordance with subsection (a) of this section in sufficient detail that will allow for the expeditious resolution of the grievance.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 12 - Grievance Procedures in State Personnel Management System › Subtitle 2 - Grievance Procedure › Section 12-201 - Steps in Grievance Proceeding

(a)    (1)    Except as provided in paragraph (2) of this subsection, the three steps available to a grievant in the grievance procedure are:
(i)    Step One: the initiation of a grievance procedure;
(ii)    Step Two: an appeal to the head of the principal unit; and
(iii)    Step Three: an appeal to the Secretary.
(2)    If a grievance is based on a performance rating of satisfactory or better:
(i)    the grievant may appeal the grievance only at Steps One and Two of the grievance procedure; and
(ii)    a decision at Step Two of the grievance procedure is final.
(b)    (1)    When a grievant's appointing authority is also the head of the principal unit, the grievant shall appeal the Step One decision directly to Step Three of the grievance procedure.
(2)    If the basis of a grievance is an action taken by the principal unit or by the Department, the parties may agree to proceed to Step Two or Step Three of the grievance procedure as appropriate.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 12 - Grievance Procedures in State Personnel Management System › Subtitle 2 - Grievance Procedure › Section 12-203 - Step One: Initiation of Grievance Proceeding

(a)    A grievant may initiate a grievance proceeding by filing a written grievance with the grievant's appointing authority. The grievant shall provide a copy of the grievance to the grievant's supervisor when the grievance is filed.
(b)    A grievance procedure must be initiated by an employee within 20 days after:
(1)    the occurrence of the alleged act that is the basis of the grievance; or
(2)    the employee first knew of or reasonably should have known of the alleged act that is the basis of the grievance.
(c)    Within 10 days after receiving a grievance, the appointing authority shall hold a conference with the grievant and they shall attempt to resolve the grievance.
(d)    Within 10 days after the conference, the appointing authority shall issue a written decision to the grievant and may grant any appropriate remedy under § 12-402(a) of this title.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 12 - Grievance Procedures in State Personnel Management System › Subtitle 2 - Grievance Procedure › Section 12-204 - Step Two: Appeal to Administrative Head

(a)    (1)    Within 10 days after receiving a decision under § 12-203 of this subtitle, a grievant or a grievant's representative may appeal the decision in writing to the head of the grievant’s principal unit or designee.
(2)    An appeal shall include a copy of the decision being appealed.
(b)    Within 10 days after receiving an appeal, the head of the principal unit or designee shall:
(1)    review the grievance record; and
(2)    confer with the grievant and they shall attempt to resolve the grievance.
(c)    Within 10 days after the conference, the head of the principal unit or designee shall issue a written decision to the grievant and may grant any appropriate remedy under § 12-402(a) of this title.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 12 - Grievance Procedures in State Personnel Management System › Subtitle 2 - Grievance Procedure › Section 12-205 - Step Three: Appeal to Secretary

(a)    (1)    Within 10 days after receiving a decision under § 12-204 of this subtitle, a grievant or a grievant’s representative may appeal the decision in writing to the Secretary.
(2)    An appeal shall include a copy of the decision being appealed and any prior decisions.
(b)    (1)    Within 30 days after an appeal is received, the Secretary or designee shall:
(i)    review the grievance record;
(ii)    if the grievance is based on a position reclassification, order an audit of the position if it has not been audited within the last year; and
(iii)    take the action described in paragraph (2) of this subsection and give the parties written notice of that action.
(2)    (i)    If the Secretary or designee does not concur with the decision of the unit, the Secretary or designee shall attempt to resolve the grievance with a settlement that is binding on all parties.
(ii)    The Secretary or designee shall determine whether the principal unit that employs the grievant will accept a settlement.
(iii)    If the grievance is not settled, the Secretary or designee shall refer the grievance to the Office of Administrative Hearings.
(c)    (1)    (i)    The Office of Administrative Hearings shall dispose of the grievance or conduct a hearing on each grievance received from the Secretary in accordance with Title 10, Subtitle 2 of the State Government Article.
(ii)    The Office is bound by any regulation, declaratory ruling, prior adjudication, or other settled, preexisting policy, to the same extent as the Department is or would have been bound if it were hearing the case.
(iii)    The employee has the burden of proof by a preponderance of the evidence.
(2)    (i)    Within 45 days after the close of the hearing record, the Office of Administrative Hearings shall issue a written decision to the parties and may grant any appropriate remedy under § 12-402 of this title.
(ii)    The decision of the Office of Administrative Hearings is the final administrative decision.
(3)    Any costs the Office of Administrative Hearings incurs for the appeal of a grievance to the Office of Administrative Hearings shall be paid by the principal unit that employs the grievant.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 12 - Grievance Procedures in State Personnel Management System › Subtitle 3 - Alternate Use of Peer Review Panel › Section 12-301 - Election to Use Peer Review Panel

If a grievant's principal unit has established a peer review panel for grievances in accordance with regulations adopted by the Secretary, the grievant may elect to:
(1)    waive Step Two and Step Three of the grievance procedure; and
(2)    submit the grievance to the peer review panel after Step One of the grievance procedure.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 12 - Grievance Procedures in State Personnel Management System › Subtitle 3 - Alternate Use of Peer Review Panel › Section 12-303 - Decision

(a)    After a review, the panel shall issue a written decision to the parties and may grant any appropriate remedy under § 12-402(a) of this title.
(b)    The decision of the peer review panel is the final administrative decision.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 12 - Grievance Procedures in State Personnel Management System › Subtitle 4 - Miscellaneous Provisions › Section 12-401 - Authority of Decision Maker

A decision maker at any step in the grievance procedure shall determine the:
(1)    proper interpretation or application of the policy, procedure, or regulation involved in the grievance; and
(2)    appropriate remedy.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 12 - Grievance Procedures in State Personnel Management System › Subtitle 4 - Miscellaneous Provisions › Section 12-402 - Remedies Available to Grievants

(a)    Except as provided in subsection (b) of this section, the remedies available to a grievant under this title are limited to the restoration of the rights, pay, status, or benefits that the grievant otherwise would have had if the contested policy, procedure, or regulation had been applied appropriately as determined by the final decision maker.
(b)    (1)    A decision maker at Step Two or Step Three of the grievance procedure:
(i)    may order an appointing authority to grant back pay; and
(ii)    on a finding that wages were withheld in violation of §§ 2–402 and 2–407 of this article, shall order the payment of damages in accordance with § 2–407(c) of this article.
(2)    (i)    In a reclassification grievance back pay may be awarded for a period not exceeding 1 year before the grievance procedure was initiated.
(ii)    A back pay order under this paragraph is in the discretion of the Secretary and the Office of Administrative Hearings.
(3)    Subject to the limitations in Title 14, Subtitle 2 of this article, an appointing authority shall carry out a back pay order or damages order issued under this subsection.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 12 - Grievance Procedures in State Personnel Management System › Subtitle 4 - Miscellaneous Provisions › Section 12-403 - Records

(a)    On conclusion of each step of a grievance proceeding, a copy of the grievance and its disposition shall be given to the grievant and the grievant’s representative.
(b)    A copy of the grievance and disposition required to be provided under subsection (a) of this section may be transmitted electronically.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 12 - Grievance Procedures in State Personnel Management System › Subtitle 4 - Miscellaneous Provisions › Section 12-404 - Consolidation of Grievances

(a)    An appointing authority, the head of a principal unit, or the Secretary may consolidate multiple grievances filed by one employee and process the grievances in a single proceeding.
(b)    If the grievants agree, an appointing authority, the head of a principal unit, or the Secretary may consolidate similar grievances and process the grievances together in a single proceeding.
(c)    The Office of Administrative Hearings may consolidate and process in a single proceeding multiple grievances filed by one employee or similar grievances filed by more than one grievant.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 12 - Grievance Procedures in State Personnel Management System › Subtitle 4 - Miscellaneous Provisions › Section 12-405 - Release Time and Expense Reimbursement

(a)    A grievant and the grievant's representative shall be given reasonable time during work to investigate and process the grievance and to participate at any conference or hearing relating to the grievance.
(b)    An employee shall be granted release time from the employee's normal work schedule to attend a grievance conference or hearing as a witness.
(c)    Expenses incurred in connection with attendance by an employee at grievance conferences or hearings, whether as a grievant, as a grievant's representative, or as a witness, shall be borne by that employee's unit.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 13 - Contractual Employment and Service Contracts in Executive Branch › Subtitle 1 - Contractual Employee Defined › Section 13-101 - "Contractual Employee" Defined

(a)    In this title, “contractual employee” means an individual:
(1)    who, under a written agreement, provides temporary personal services to the State for pay;
(2)    who is not employed in a budgeted position; and
(3)    who has an employer-employee relationship with the State in which the State:
(i)    furnishes necessary tools and a place to work;
(ii)    has the right to control and direct the details, means, and results of the performance of the services; and
(iii)    has the right to discharge the individual from employment.
(b)    “Contractual employee” does not include an individual who is employed as:
(1)    an employee in the:
(i)    skilled service;
(ii)    professional service;
(iii)    management service; or
(iv)    executive service; or
(2)    an emergency employee.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 13 - Contractual Employment and Service Contracts in Executive Branch › Subtitle 2 - Contractual Employees Generally › Section 13-201 - Scope of Subtitle

(a)    This subtitle applies to all units in the Executive Branch of State government, except a unit with an independent personnel system.
(b)    The Secretary may exempt specific types of contractual employees from the certification and other requirements of this subtitle.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 13 - Contractual Employment and Service Contracts in Executive Branch › Subtitle 2 - Contractual Employees Generally › Section 13-202 - Certification

(a)    Except as otherwise authorized under § 13-201(b) of this subtitle, a unit may not execute or renew a contract for the employment of a contractual employee unless the Secretary issues to the unit a certification that:
(1)    the employment of the contractual employee is for services that cannot be performed by assignment or hiring of any nontemporary employee;
(2)    the rate of pay for the contractual employee is comparable to the rate paid to employees in positions that involve comparable duties, responsibilities, experience, and authority; and
(3)    the services to be performed under the contract encompass functions that:
(i)    are infrequent;
(ii)    are needed for a limited time;
(iii)    are unusual; or
(iv)    need to be implemented quickly and for which there is no reasonable alternative.
(b)    The Secretary may issue a certification for any effective period that does not exceed the period of the contract between the unit and the contractual employee.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 13 - Contractual Employment and Service Contracts in Executive Branch › Subtitle 2 - Contractual Employees Generally › Section 13-203 - Recruitment and Selection

(a)    The Secretary shall adopt guidelines for the recruitment and selection of contractual employees.
(b)    These guidelines shall require a contracting unit:
(1)    to make a reasonable effort to publicly solicit applicants for contractual employment;
(2)    to make a reasonable effort to screen and select contractual employees by using methods and criteria that are uniformly applied to all applicants for a particular instance of contractual employment; and
(3)    to use criteria to select contractual employees that:
(i)    are based on the qualifications of the applicant; and
(ii)    conform to subsection (c) of this section.
(c)    (1)    All personnel actions concerning a contractual employee shall be made in accordance with § 2-302 of this article.
(2)    An action may be taken with regard to age, sex, or disability to the extent that age, sex, or disability involves a bona fide occupational qualification.
(d)    To the extent feasible, a unit shall conduct the recruitment and selection of contractual employees according to the guidelines adopted under this section.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 13 - Contractual Employment and Service Contracts in Executive Branch › Subtitle 2 - Contractual Employees Generally › Section 13-204 - Continuing Certification

Except as authorized under § 13-303 of this title, the Secretary may not continue certification for any contractual employee if the Secretary determines that the services performed under the contract:
(1)    encompass permanent functions;
(2)    have no specific expiration date; and
(3)    regularly are performed on a basis that is at least equal to 50% of the work responsibility of a full-time permanent employee.