2464                                          LAWS OF MARYLAND                      [Ch. 719

THE EMPLOYER, AS PROVIDED HEREIN, DOES NOT PRECLUDE AN
EMPLOYEE ORGANIZATION FROM APPEARING BEFORE, OR MAKING

PROPOSALS TO THE PUBLIC SCHOOL EMPLOYER AT ANY PUBLIC

MEETING OR HEARING.

(I) IF UPON THE REQUEST OF EITHER PARTY THE STATE

SUPERINTENDENT OF SCHOOLS DETERMINES FROM THE FACTS THAT

AN IMPASSE IS REACHED IN NEGOTIATIONS BETWEEN A PUBLIC

SCHOOL EMPLOYER AND AN EMPLOYEE ORGANIZATION DESIGNATED

AS AN EXCLUSIVE NEGOTIATING AGENT, THE ASSISTANCE AND
ADVICE OF THE STATE BOARD OF EDUCATION MAY BE REQUESTED,

WITH THE CONSENT OF BOTH PARTIES. IN THE ABSENCE OF

CONSENT, UPON THE REQUEST OF EITHER PARTY, A PANEL SHALL
BE NAMED TO AID IN THE RESOLUTION OF DIFFERENCES. THE
PANEL SHALL CONTAIN THREE PERSONS, ONE TO BE APPOINTED BY
EACH PARTY WITHIN THREE (3) DAYS, AND THE THIRD TO BE
SELECTED BY THE OTHER TWO WITHIN TEN (10) DAYS FROM THE
DATE OF THE REQUEST. THE STATE BOARD OF EDUCATION, OR THE
PANEL SELECTED, SHALL MEET WITH THE PARTIES TO AID IN THE

RESOLUTION OF DIFFERENCES, AND, IF THE MATTER IS NOT

OTHERWISE RESOLVED, SHALL MAKE A WRITTEN REPORT AND

RECOMMENDATION WITHIN THIRTY (30) DAYS FROM THE DATE OF

THE REQUEST. COPIES OF THE REPORT SHALL BE SENT TO

REPRESENTATIVES OF BOTH THE PUBLIC SCHOOL EMPLOYER AND

THE EMPLOYEE ORGANIZATION. ALL COSTS OF MEDIATION SHALL
BE SHARED BY THE PUBLIC SCHOOL EMPLOYER AND THE EMPLOYEE
ORGANIZATION.

(J) (1) IF THE FISCAL AUTHORITY DOES NOT APPROVE
SUFFICIENT FUNDS TO IMPLEMENT THE NEGOTIATED AGREEMENT,

THE PUBLIC SCHOOL EMPLOYER IS REQUIRED TO RE-NEGOTIATE

THE FUNDS ALLOCATED FOR SUCH PURPOSES BY THE FISCAL

AUTHORITY WITH THE EMPLOYEE ORGANIZATION PRIOR TO MAKING
A FINAL DETERMINATION IN ACCORDANCE WITH A TIMETABLE AND

PROCEDURE TO BE ESTABLISHED BY THE STATE BOARD OF

EDUCATION.

(2) ALL COSTS OF THE IMPASSE PROCEEDINGS
SHALL BE SHARED EQUALLY BY THE PUBLIC SCHOOL EMPLOYER AND
THE EMPLOYEE ORGANIZATION.

(K) PUBLIC SCHOOL EMPLOYERS AND EMPLOYEE

ORGANIZATIONS SHALL NOT INTERFERE WITH, INTIMIDATE,

RESTRAIN, COERCE OR DISCRIMINATE AGAINST PUBLIC SCHOOL
EMPLOYEES BECAUSE OF THE EXERCISE OF THEIR RIGHTS UNDER
SUBSECTIONS (B) AND (C) HEREOF.

(L) NOTWITHSTANDING ANY OF THE PROVISIONS OF THIS

SECTION, THE PUBLIC SCHOOL EMPLOYER SHALL RENDER THE

FINAL DETERMINATION AS TO MATTERS WHICH HAVE BEEN THE

SUBJECT OF NEGOTIATION, BUT THIS FINAL DETERMINATION

SHALL STILL BE SUBJECT TO OTHER PROVISIONS OF THIS

ARTICLE CONCERNING THE FISCAL RELATIONSHIP BETWEEN THE

PUBLIC SCHOOL EMPLOYER AND THE COUNTY COMMISSIONERS, OR