reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 1 - Organization and General Authority of Commission › Section 15-105 - Removal

(a)    (1)    The Montgomery County Council may remove any commissioner appointed from Montgomery County before the expiration of the commissioner’s term.
(2)    With the approval of a majority of the members of the County Council, the County Executive of Prince George’s County may remove any commissioner appointed from Prince George’s County before the expiration of the commissioner’s term.
(b)    (1)    Except as provided in paragraph (2) of this subsection, before a commissioner may be removed under subsection (a) of this section:
(i)    the cause for removal shall be stated in writing; and
(ii)    a public hearing shall be held on the removal.
(2)    In Prince George’s County, the commissioner sought to be removed may waive in writing the public hearing held by the County Council.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 1 - Organization and General Authority of Commission › Section 15-106 - Chair and Vice Chair

(a)    The County Executive of Prince George’s County, with the approval of a majority of the members of the County Council, and the Montgomery County Council, with the approval of the County Executive in accordance with subsection (b) of this section, shall each designate a commissioner for the position of chair or vice chair.
(b)    (1)    Within 3 days after making a designation, the Montgomery County Council shall submit the name of the designee to the County Executive.
(2)    Within 30 days after the designation is submitted, the County Executive shall approve or disapprove the designation.
(3)    If the County Executive disapproves a designee, the County Executive shall return the name of the designee to the County Council with the reasons for the disapproval stated in writing.
(4)    By the affirmative vote of eight of its members, the County Council may designate a commissioner for the position of chair or vice chair over the disapproval of the County Executive.
(5)    A designation that has not been disapproved by the County Executive in accordance with this subsection is deemed to be approved.
(c)    The Commission shall elect a chair and vice chair from the commissioners designated in accordance with subsections (a) and (b) of this section.
(d)    (1)    The chair shall:
(i)    preside at meetings of the Commission; and
(ii)    perform the other customary duties of the office.
(2)    The vice chair shall preside in the absence of the chair.
(3)    The chair and vice chair of the Commission also serve as chairs of their respective county planning boards.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 1 - Organization and General Authority of Commission › Section 15-107 - Designation of Full-Time Commissioners

(a)    The Montgomery County Council may designate a commissioner from that county to serve on a full–time basis as the chair or vice chair of the Commission.
(b)    With the approval of a majority of the members of the County Council, the County Executive of Prince George’s County may designate a commissioner from that county to serve on a full–time basis as the chair or vice chair of the Commission.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 1 - Organization and General Authority of Commission › Section 15-108 - Compensation

(a)    (1)    (i)    Each commissioner other than the chair is entitled to an annual salary of $5,600.
(ii)    The chair of the Commission is entitled to an annual salary of $6,100.
(2)    All salaries shall be paid monthly from the administrative tax collected by the Commission under § 18–307 of this article.
(3)    (i)    Subject to subparagraph (ii) of this paragraph, each commissioner is entitled to an annual expense allowance not exceeding $2,400, in accordance with rules and regulations the Commission adopts.
(ii)    A commissioner shall submit a voucher showing the expenses.
(b)    (1)    (i)    With the approval of the County Executive of Montgomery County, the County Council may authorize an appropriate supplementary salary for the commissioner designated by Montgomery County to serve on a full–time basis.
(ii)    If the County Executive fails to approve a supplementary salary authorization by the County Council within 30 days after the authorization is submitted, the County Council, by an affirmative vote of eight of its members, may authorize the supplementary salary without the approval of the County Executive.
(2)    On the recommendation of the County Executive of Prince George’s County, the County Council may authorize an appropriate supplementary salary for the commissioner designated by Prince George’s County to serve on a full–time basis.
(3)    Any supplementary salary authorized under this subsection shall be paid from the administrative tax collected by the Commission under § 18–307 of this article.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 1 - Organization and General Authority of Commission › Section 15-109 - Executive Director, Secretary-Treasurer, and General Counsel

(a)    (1)    The Commission shall appoint an executive director, a secretary–treasurer, and a general counsel.
(2)    The executive director, secretary–treasurer, and general counsel serve at the pleasure of the Commission.
(3)    The Commission shall set the compensation of the executive director, secretary–treasurer, and general counsel.
(b)    The executive director and the secretary–treasurer shall be bonded.
(c)    Of the three officers appointed under this section, not more than two shall be residents of the same county.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 1 - Organization and General Authority of Commission › Section 15-110 - Employees and Contractors

The Commission may:
(1)    appoint or contract for the services of planning, engineering, legal, administrative, auditing, clerical, staff, or other employees necessary to administer this division on a regional basis; and
(2)    set the compensation of employees and contractors.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 1 - Organization and General Authority of Commission › Section 15-112 - Offices

The Commission may:
(1)    maintain offices in Montgomery County and Prince George’s County; and
(2)    hold meetings, conduct hearings, and perform any of its duties under this division at the office that, in the Commission’s judgment, best suits the convenience of the public.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 1 - Organization and General Authority of Commission › Section 15-113 - Powers and Duties -- in General

(a)    The Commission may:
(1)    exercise the powers, duties, and functions provided in this division;
(2)    use a common seal;
(3)    sue and be sued; and
(4)    do any other corporate act necessary to carry out this division.
(b)    The Commission may raise the defense of partial governmental immunity described under § 5–512 of the Courts Article.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 1 - Organization and General Authority of Commission › Section 15-115 - Powers and Duties -- Financial Reports

(a)    (1)    The Commission shall prepare an annual financial report.
(2)    The annual financial report shall:
(i)    include the financial statements of the Commission; and
(ii)    be audited by an independent certified public accountant.
(3)    The Commission shall make the audited annual financial report available for distribution to the public.
(b)    (1)    After the audit is completed, the Commission shall publish a summary financial report consisting of a combined statement of revenues and expenditures for all funds:
(i)    in at least one newspaper of general circulation published in Montgomery County; and
(ii)    1.    in the newspapers officially designated by the Prince George’s County government as newspapers of record; or
2.    in the absence of a designation of a newspaper of record, in at least one newspaper of general circulation published in Prince George’s County.
(2)    The publication of the summary financial report shall carry appropriate references to the Commission’s audited annual financial report.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 1 - Organization and General Authority of Commission › Section 15-116 - Powers and Duties -- Publications of Commission

(a)    (1)    The Commission shall publish each year a report describing the work of the Commission for the previous year, in the detail that the Commission considers appropriate.
(2)    The report required under this subsection shall include:
(i)    land acquisitions;
(ii)    financial transactions;
(iii)    personnel matters; and
(iv)    litigation and disposition of violations.
(b)    The Commission may publish pamphlets describing:
(1)    the law administered by the Commission; and
(2)    subdivision, zoning, and other regulations adopted or enacted by the Commission or the district councils.
(c)    The Commission may charge a fee for a publication issued under this section to cover any of the cost of the publication.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 1 - Organization and General Authority of Commission › Section 15-117 - Powers and Duties -- Minute or Record Books

(a)    The Commission shall:
(1)    maintain a minute or record book; and
(2)    record its actions in the minute or record book in usual corporate form.
(b)    (1)    The votes of the commissioners shall be separately taken and recorded by yeas, nays, and abstentions, and the reasons for each abstention shall be recorded, with respect to any:
(i)    action authorizing, modifying, or rescinding the adoption of a master plan;
(ii)    approval of plats of subdivision;
(iii)    approval of subdivision or other regulations;
(iv)    recommendations on zoning map amendments; or
(v)    zoning text amendments.
(2)    The names of the commissioners voting or abstaining shall be included in the minute entry following a brief summary of the matter on which the vote was taken.
(c)    The minute or record book shall be kept available and open to public inspection and copying during business hours in the Commission’s principal offices.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 1 - Organization and General Authority of Commission › Section 15-118 - Powers and Duties -- Entry Into Buildings and Private Premises

In the performance of the functions and duties of the Commission, any commissioner or employee or agent of the Commission may enter at all reasonable hours any building or private premises in the metropolitan district or in the regional district to make examinations and surveys and to place and maintain necessary monuments and marks on the building or premises.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 2 - Procurement › Section 15-201 - "Local Small Business Enterprise" Defined

In this subtitle, “local small business enterprise” means a business enterprise that:
(1)    has its principal place of operation in Montgomery County or Prince George’s County; and
(2)    has been certified as a small business enterprise by a unit of county government that has jurisdiction over procurement in Montgomery County or Prince George’s County.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 2 - Procurement › Section 15-204 - Procurement Regulations -- Local Small Business Enterprise Program

(a)    The Commission’s procurement regulations may establish a local small business enterprise program to encourage local small business enterprise participation in appropriate procurement activities.
(b)    The regulations adopted in accordance with this section may include:
(1)    procedures for reliable documentation of a business entity’s official designation by Montgomery County or Prince George’s County as a local small business enterprise;
(2)    procedures to be followed by staff, prospective contractors, and successful bidders or offerors to maximize notice to, and the opportunity to participate in the procurement process by, a broad range of local small business enterprises; and
(3)    provisions to:
(i)    extend reasonable competitive preferences for local small business enterprises;
(ii)    establish procurement goals of utilization of local small business enterprises; and
(iii)    reserve particular procurement activities for local small business enterprises under appropriate circumstances.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 2 - Procurement › Section 15-205 - Reports

On or before October 31 each year, the Commission shall report to the Montgomery County and Prince George’s County Delegations to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the effectiveness of any local small business enterprise program established under this subtitle.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 3 - Intergovernmental Cooperation › Section 15-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Contract” means an agreement, commitment, or arrangement made between the Commission and a governmental unit to further the purposes stated in § 15–302 of this subtitle.
(c)    “Governmental unit” means:
(1)    the National Capital Planning Commission;
(2)    the United States government;
(3)    the District of Columbia;
(4)    the State, including the Washington Suburban Sanitary Commission;
(5)    Virginia;
(6)    Montgomery County or Prince George’s County;
(7)    any municipal corporation, local subdivision, or corporation within the State, Virginia, Montgomery County, or Prince George’s County; or
(8)    any other governmental agency the Commission determines to be appropriate to further the purposes stated in § 15–302 of this subtitle.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 3 - Intergovernmental Cooperation › Section 15-302 - Commission as Representative of State

The Commission is the representative of the State for purposes of:
(1)    acquiring and developing land or other property under this division;
(2)    exercising the duties of the State under this division;
(3)    complying with § 1(a) and (b) of the Capper–Cramton Act, Public Law 71–284, 46 Stat. 482, for acquiring parklands in the metropolitan district; or
(4)    securing funds authorized by the Act or by any other federal, State, or local law.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 3 - Intergovernmental Cooperation › Section 15-303 - Authorization

(a)    For the purposes of § 15–302 of this subtitle, the Commission may:
(1)    act in conjunction and cooperation with other governmental units; and
(2)    enter into contracts with governmental units.
(b)    The Commission may not obligate itself or the metropolitan district for expenditures above the amount of money the Commission has or shall receive from bonds, taxes, donations, contributions, or appropriations under this division.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 3 - Intergovernmental Cooperation › Section 15-304 - Resources

(a)    Within a reasonable time after the Commission makes a request, public officials of the State, Montgomery County, and Prince George’s County shall furnish the Commission with available information required for Commission work.
(b)    The Washington Suburban Sanitary Commission shall:
(1)    make available for Commission use the maps, surveys, engineering information, and other records of the Washington Suburban Sanitary Commission; and
(2)    when requested by the Commission, furnish engineering services and advice at cost.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 4 - Audit Committee › Section 15-403 - Selection and Appointment of Accountant and Inspector General

The Audit Committee shall select and appoint:
(1)    the independent certified public accountant required to audit the Commission’s annual financial report under § 15–115(a)(2) of this title; and
(2)    the Inspector General as provided in Subtitle 5 of this title.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 4 - Audit Committee › Section 15-404 - Nonvoting Member May Vote in Event of Tie; Approval of Inspector General

(a)    Except as provided in subsection (b) of this section, the nonvoting member of the Audit Committee may vote on a decision of the Audit Committee in the event of a tie.
(b)    The appointment of the Inspector General may be approved only through a majority of the voting members of the Audit Committee.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 4 - Audit Committee › Section 15-405 - Powers

(a)    The Commission shall adopt regulations to ensure that the Audit Committee operates independently from the management of the Commission.
(b)    The Commission may:
(1)    adopt rules of procedure; and
(2)    delegate other appropriate functions to the Audit Committee.
(c)    The regulations adopted under this section may provide for a reasonable stipend to compensate only the members of the Audit Committee who are not also commissioners.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 5 - Office of the Inspector General › Section 15-501 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Abuse” means an employee’s intentional misconduct or misuse of authority or position:
(i)    involving Commission property or funds that is improper or deficient when compared to conduct a prudent person would consider reasonable under the same facts and circumstances; or
(ii)    for the purpose of furthering improperly the private interests of the employee, a family member, or a close personal or business associate.
(2)    “Abuse” includes:
(i)    theft or misappropriation of Commission property or funds; and
(ii)    destruction or alteration of official records.
(c)    (1)    “Fraud” means an intentional act or attempt to obtain something of value from the Commission or another person through willful misrepresentation.
(2)    “Fraud” includes a willful false representation of a material fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which causes the Commission to act, or fail to act, to the detriment of the Commission’s interest.
(d)    “Office” means the Office of the Inspector General.
(e)    “Vendor” means a party obligated by contract or subcontract to provide goods, services, or property to the Commission for consideration, including contracts and subcontracts for construction and professional services related to construction.
(f)    (1)    “Waste” means an inappropriate act or omission by an employee with control over, or access to, Commission property or funds that unreasonably deprives the Commission of value.
(2)    “Waste” includes mismanagement or other unintentional conduct that is deficient or improper when compared to conduct a prudent person would consider necessary to preserve the value of Commission property or funds under the same facts and circumstances.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 5 - Office of the Inspector General › Section 15-503 - Appointment; Term; Staff and Consultants

(a)    (1)    The Audit Committee of the Commission shall appoint the Inspector General.
(2)    (i)    The Audit Committee shall select the Inspector General solely on the basis of professional ability and personal integrity, without regard to political affiliation.
(ii)    The Inspector General shall be qualified professionally by experience or education in auditing, government operations, or financial management.
(b)    (1)    The term of the Inspector General is 4 years beginning on the date of appointment.
(2)    An individual may not serve as Inspector General for more than three terms.
(3)    The Inspector General may not participate in the merit system adopted by the Commission under Title 16, Subtitle 1 of this article, but:
(i)    may participate in any employee benefits program offered by the Commission on the same terms and conditions as it is offered generally to an employee participating in the merit system; and
(ii)    the Commission may offer to an individual appointed as Inspector General any supplemental employee benefit programs it determines are necessary to recruit and retain an employee who does not participate in the merit system.
(4)    The Commission may remove the Inspector General by resolution adopted by the affirmative vote of not less than three of its members from each county for neglect of duty, malfeasance, conviction of a felony, or other good cause.
(5)    The Inspector General shall discharge the duties of office on a full–time basis and with no secondary employment of any nature during their term.
(c)    (1)    Subject to budget authorization, applicable law, and the personnel regulations of the Commission, the Inspector General may select as subordinate staff of the Office one or more:
(i)    temporary term employees who do not participate in the merit system adopted by the Commission under Title 16, Subtitle 1 of this article; and
(ii)    other employees who participate in the merit system.
(2)    Notwithstanding any provision of the personnel regulations to the contrary, an auditor, accountant, investigator, or similar professional employee appointed as subordinate staff of the Office shall be subject to dismissal by the Inspector General only for neglect of duty, malfeasance, conviction of a felony, or other good cause.
(d)    Subject to budget authorization and the applicable procurement regulations, the Inspector General may retain consultants by contract.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 5 - Office of the Inspector General › Section 15-504 - Duties and Powers

(a)    The Office shall:
(1)    assist the Commission by providing independent evaluation and recommendations regarding opportunities to:
(i)    preserve the Commission’s reputation; and
(ii)    improve the effectiveness, productivity, or efficiency of Commission programs, policies, practices, and operations;
(2)    ensure public accountability by preventing, investigating, and reporting instances of fraud, waste, and abuse of Commission property or funds;
(3)    examine, evaluate, and report on the adequacy and effectiveness of the systems of internal controls and their related accounting, financial, technology, and operational policies; and
(4)    report noncompliance with and propose ways to improve employee compliance with applicable law, policy, and ethical standards of conduct.
(b)    In developing recommendations, the Office may:
(1)    conduct administrative investigations, budgetary analyses, and financial, management, or performance audits and similar reviews;
(2)    provide management advisories; and
(3)    utilize the assistance from any other government agency or private party to complete a project initiated by the Office.
(c)    When applicable, the Inspector General shall comply with generally accepted government auditing standards.
(d)    (1)    Except as provided in paragraph (2) of this subsection, the Inspector General shall submit written reports to the Audit Committee and to the Commission for publication on the Commission’s Web site.
(2)    The Inspector General:
(i)    may not disclose any record, report, or related information that is protected from disclosure under the Public Information Act;
(ii)    may provide an oral report if appropriate under generally accepted government auditing standards; and
(iii)    shall establish and follow procedures for safeguarding the identity of confidential sources and protecting privileged and confidential information.
(3)    The Commission shall publish with any report submitted by the Inspector General any official written comments or responses offered by the Commission’s management.
(4)    The Inspector General shall also submit to the Commission for publication on the Commission’s Web site periodic reports that summarize the activities, findings, recommendations, and accomplishments of the Office.
(e)    If reasonable grounds exist to believe that a serious violation of federal, State, or local law has occurred, the Inspector General shall report the allegation to:
(1)    an appropriate law enforcement agency;
(2)    the State Ethics Commission; or
(3)    any other agency with jurisdiction to enforce the law.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 5 - Office of the Inspector General › Section 15-505 - Development of Work Plan

(a)    (1)    The Inspector General shall coordinate with the Audit Committee to develop a written work plan and establish periodic goals and priorities for the Office based on an assessment of relative risks.
(2)    In developing the work plan, the Inspector General shall take into consideration requests from the planning boards, commissioners, Commission officers, managers, and employees, elected officials, and members of the public.
(3)    The Inspector General shall make the written work plan available to the public, subject to the Public Information Act.
(b)    In performing the duties authorized under this subtitle, the Inspector General shall coordinate with the park police or other law enforcement agency, agency personnel administrators, the State Ethics Commission, and other internal officials or external entities as appropriate to avoid unnecessary disruption or duplication of effort in conducting any audit, analysis, or administrative investigation.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 5 - Office of the Inspector General › Section 15-506 - Funding

(a)    The Commission shall include in the Commission’s annual operating budget proposal the amounts recommended by the Audit Committee for the Office.
(b)    Subject to budget authorization and adequate funds:
(1)    the Commission’s general counsel shall provide legal services to the Inspector General and may employ special counsel if appropriate or required by law; and
(2)    the Inspector General may employ and be represented by a special legal counsel without consent of the general counsel if the Audit Committee approves of a request after considering any recommendation or comment offered by the general counsel relating to the request.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 5 - Office of the Inspector General › Section 15-507 - Requests for Information

(a)    (1)    On request from the Inspector General, a Commission employee or official shall promptly provide to the Inspector General any available document or other information concerning Commission operations, budget, programs, or vendor contracts.
(2)    (i)    The Inspector General shall notify the Audit Committee and Commission chair, vice–chair, and executive director if any Commission employee or official fails to provide any information or document requested under this subsection with reasonable promptness.
(ii)    The Commission chair, vice–chair, or executive director shall take administrative action to produce compliance with a pending request for information by the Inspector General as warranted and appropriate.
(b)    (1)    A vendor of the Commission shall provide to the Inspector General any available document or other information concerning any Commission vendor contract, including documents related to the procurement of the contract.
(2)    (i)    The Inspector General shall promptly notify the Audit Committee and Commission officers if any vendor fails to provide any information or document requested under this subsection with reasonable promptness.
(ii)    The Commission officers shall take appropriate administrative or civil action to produce vendor compliance with a pending request for information by the Inspector General.
(c)    (1)    Each Commission employee should report any fraud, waste, or abuse to the Office.
(2)    A Commission employee, vendor, or employee of any vendor may not be retaliated against or penalized, or threatened with retaliation or penalty, for providing information to, cooperating with, or in any way assisting the Inspector General and staff of the Office in connection with any activity authorized under this subtitle.
(3)    The Inspector General may not disclose the identity of a person that reports an allegation of fraud, waste, or abuse unless:
(i)    the reporting person consents to disclosure of the person’s identity;
(ii)    disclosure is reasonably necessary to complete an audit or investigation; or
(iii)    another person is legally entitled to disclosure of the identity of the reporting person.
(d)    The Inspector General or a staff member authorized by the Inspector General may administer an oath or affirmation or take an affidavit from any person if necessary to perform the duties under this subtitle.
(e)    The Commission may adopt regulations to carry out the requirements of this section.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 5 - Office of the Inspector General › Section 15-508 - Investigation of Fraud, Waste, or Abuse

(a)    The Inspector General, or a staff member authorized by the Inspector General, may administer oaths and take depositions and other testimony for the purpose of investigating fraud, waste, or abuse within the Commission.
(b)    The Inspector General may subpoena any person or evidence for the purpose of investigating fraud, waste, or abuse within the Commission.
(c)    If a person fails to comply with a lawful order or subpoena issued under this section, on petition of the Inspector General, a court of competent jurisdiction may compel:
(1)    compliance with the order or subpoena; or
(2)    testimony or the production of evidence.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 1 - Merit System › Section 16-102 - Merit System -- in General

(a)    The Commission shall implement a merit system adopted under this subtitle.
(b)    The merit system includes each employee of the Commission, except:
(1)    the commissioners;
(2)    the executive director, secretary–treasurer, and general counsel appointed by the Commission under § 15–109 of this article;
(3)    (i)    the Inspector General; and
(ii)    any temporary term employee of the Office of the Inspector General appointed under § 15–503 of this article;
(4)    a part–time or temporary employee under Subtitle 2 or Subtitle 5 of this title;
(5)    in Montgomery County, each position excluded under § 20–204(b) of this article; and
(6)    in Prince George’s County:
(i)    the deputy chief of park police as provided in § 17–305 of this article; and
(ii)    each director and deputy director as provided in § 20–204(c) of this article.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 1 - Merit System › Section 16-103 - Merit System Board

(a)    There is a merit system board of the Commission.
(b)    (1)    The board consists of three members appointed by the Commission.
(2)    Nothing contained in this subtitle requires that an appointment be made for the purpose of rotating majority membership on the board between residents of Montgomery County and Prince George’s County.
(3)    The Commission may reappoint a member of the board.
(c)    (1)    Each member of the board:
(i)    shall be a resident of the regional district;
(ii)    shall be knowledgeable and experienced in personnel matters; and
(iii)    may not be a member or employee of the Commission or the executive director, secretary–treasurer, or general counsel appointed by the Commission under § 15–109 of this article.
(2)    Not more than two members of the board may reside in the same county.
(d)    Each member of the board shall be appointed for a term of 4 years and continue to serve until the member’s successor is appointed.
(e)    The Commission shall fill each vacancy on the board in the same manner as an original appointment.
(f)    The Commission shall designate one member of the board to serve as the chair at the pleasure of the Commission.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 1 - Merit System › Section 16-106 - Plans and Regulations

(a)    The board shall:
(1)    prepare and recommend a compensation plan, a classification plan, and comprehensive regulations governing operation of the merit system; and
(2)    submit its recommendations to the Commission for adoption.
(b)    (1)    The Commission may adopt, disapprove, or modify a recommendation of the board.
(2)    If the Commission does not act on a recommendation of the board within 90 days after the date of filing of the recommendation with the Commission, the recommendation is deemed approved.
(c)    A recommendation by the board for an amendment to an adopted compensation plan, classification plan, or regulation is subject to subsection (b) of this section.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 1 - Merit System › Section 16-108 - Subpoena for Hearings

(a)    If the board determines that the testimony of a witness is appropriate for the proper consideration of a case before the board, the board may issue a subpoena to the witness to appear at a proceeding the board conducts in accordance with this subtitle.
(b)    If a person fails to comply with a subpoena issued under this section, the board may petition a court of competent jurisdiction to compel compliance with the subpoena.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 2 - Collective Bargaining -- in General › Section 16-202 - 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 in 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)    except as provided in subsection (d) of this section, represent all employees in the bargaining unit fairly and without discrimination.
(c)    An employee organization meets the requirements of subsection (b)(2) of this section if the employee organization’s actions with respect to employees in the bargaining unit are not arbitrary, discriminatory, or in bad faith.
(d)    (1)    The exclusive representative may require an employee who does not pay membership dues or equivalent fees to pay:
(i)    the reasonable costs and fees, including expenses for staff time and materials, arbitrator fees, and related attorney’s fees, for filing a grievance or arbitrating a matter that arises under a collective bargaining agreement negotiated under this subtitle brought by the exclusive representative at the request of the employee; and
(ii)    any anticipated proportional costs and fees before a grievance is filed or arbitration is pursued.
(2)    Failure by the employee to pay the costs and fees required under paragraph (1) of this subsection shall relieve the exclusive representative of any further responsibility to the employee.
(3)    A dispute concerning the reasonableness of the costs and fees imposed under paragraph (1) of this subsection shall be submitted to the labor relations administrator in accordance with the procedures established under § 16–218 of this subtitle for unfair labor practices.
(e)    (1)    An exclusive representative’s duty of fair representation owed to a public employee who is in the bargaining unit shall be limited to the negotiation and enforcement of the terms of the collective bargaining agreement with the public employer.
(2)    Nothing in this subsection may be construed to limit an employee organization from providing only to the organization’s members legal, economic, or job–related services or benefits outside the collective bargaining agreement.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 2 - Collective Bargaining -- in General › Section 16-203 - Labor Relations Administrator

(a)    After a public hearing on the appointment, the Commission shall appoint an experienced neutral third party to serve as labor relations administrator for an initial term of 1 year.
(b)    After the term of the labor relations administrator appointed under subsection (a) of this section expires, the exclusive representative and the Commission shall appoint a labor relations administrator for a 2–year term from a list of five nominees on whom they have agreed.
(c)    After the term of 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 section, 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 › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 2 - Collective Bargaining -- in General › Section 16-204 - Constitution and Bylaws of Employee Organization

(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 change in the constitution or bylaws.
(b)    The constitution or bylaws shall include:
(1)    a pledge that the employee organization accepts 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 of officers by secret ballot;
(4)    fair procedures governing disciplinary actions;
(5)    procedures for the accurate accounting of income and expenditures;
(6)    a requirement that a certified annual financial report be produced; and
(7)    the right of members to inspect the organization’s accounts.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 2 - Collective Bargaining -- in General › Section 16-206 - 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 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 shall share equally the costs of the hearings.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 2 - Collective Bargaining -- in General › Section 16-207 - Collective Bargaining Requirements

(a)    The Commission and an employee organization certified as 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, provided that salaries and wages shall be uniform for all employees in the same classification;
(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)    orderly processing and settlement of grievances concerning the interpretation and implementation of a collective bargaining agreement that may include:
(i)    binding third party arbitration, under which the arbitrator may not amend, add to, or subtract from the provisions of the collective bargaining agreement; 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 § 16–213 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 exclusive representative.
(ii)    Collective bargaining shall conclude on or before the following February 1.
(2)    During the period between the dates set in paragraph (1)(i) and (ii) of this subsection, the parties shall negotiate in good faith.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 2 - Collective Bargaining -- in General › Section 16-208 - Negotiability Disputes

(a)    If a party to the collective bargaining considers a bargaining proposal to violate the rights and responsibilities of the Commission under § 16–213 of this subtitle or the rights of Commission employees under § 16–216 of this subtitle or otherwise to violate this subtitle, the party may petition the labor relations administrator for a determination of whether the bargaining proposal constitutes a negotiability dispute that violates this subtitle.
(b)    (1)    The procedure for resolving a negotiability dispute shall follow the process for reviewing unfair labor practice charges.
(2)    Notwithstanding paragraph (1) of this subsection, the labor relations administrator may shorten the time periods or order any appropriate expedited procedure.
(c)    The labor relations administrator may order a party to withdraw all or part of a bargaining proposal that violates this subtitle.
(d)    Unless petitioned to judicial review on the basis that the decision or order is arbitrary, is capricious, or exceeds the authority of a party, any decision reached and order issued under this subtitle is final.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 2 - Collective Bargaining -- in General › Section 16-210 - Mediation

(a)    A mediator may be used in the collective bargaining process whenever:
(1)    the Commission and the employee organization agree to mediation; or
(2)    an impasse results, and the Commission or the employee organization requests mediation.
(b)    (1)    The mediator shall be selected jointly by the Commission and the employee organization from a list supplied by the American Arbitration Association or the Federal Mediation and Conciliation Service.
(2)    If the Commission and the employee organization are unable to agree on the selection of a mediator, the labor relations administrator shall select the mediator.
(c)    The Commission and the employee organization shall share equally the costs of mediation.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 2 - Collective Bargaining -- in General › Section 16-211 - Collective Bargaining Agreement

(a)    The Commission and an employee organization certified as exclusive representative of a bargaining unit shall execute a collective bargaining agreement incorporating all matters agreed.
(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 multiple–year collective bargaining agreement shall expire at the close of the appropriate fiscal year.
(f)    (1)    Except as provided in paragraph (2) of this subsection, a collective bargaining agreement shall be effective on the approval of the Commission and the membership of the employee organization representing the bargaining unit.
(2)    The economic requirements of a collective bargaining agreement shall be effective on approval by the Montgomery County Council and Prince George’s County Council.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 2 - Collective Bargaining -- in General › Section 16-212 - Funding of Collective Bargaining Agreements

(a)    The Commission shall include in its annual proposed operating budget submitted to the county executives of Montgomery County and Prince George’s County adequate funding to carry out a collective bargaining agreement.
(b)    Unless the Montgomery County Council and Prince George’s County Council 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 budget meeting under § 18–106 of this article, shall reopen the negotiated agreement and bargain with respect to the provisions of the agreement not approved by the county councils.
(c)    If a provision of a collective bargaining agreement is ruled invalid or is not funded by Montgomery County or Prince George’s County, the remainder of the agreement remains in effect unless reopened under subsection (b) of this section.