1806

LAWS OF MARYLAND

Ch. 649

Article 64A — Merit System

Section 16

Annotated Code of Maryland

(1972 Replacement Volume and 1975 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 16 of Article 64A - Merit System,
of the Annotated Code of Maryland (1972 Replacement
Volume and 1975 Supplement) be and it is hereby repealed
and reenacted, with amendments, to read as follows:

Article 64A - Merit System

16.

(A)    Subject to the approval of the Governor, the
Secretary of Personnel shall establish classes and
classify therein all positions in the classified service,
and shall, from time to time, thereafter as may be
necessary, establish additional classes and classify
therein new positions created, and may combine, alter or
abolish existing classes. Each [such] class shall
embrace all positions similar in respect to the duties
and responsibilities appertaining thereto and the
qualifications required for the fulfillment thereof and
shall be given a classification title indicative of the
character and rank of the employment. The
classification title [thus] prescribed shall be observed
in all records and communications of the Secretary,
Comptroller and Treasurer. Employees shall assume the
classification titles of their respective positions.
Any change in the duties of a position, if material,
shall operate to abolish it and create a new position
which shall be classified under this section.

(B)    IN ORDER TO INSURE THAT POSITIONS IN THE
MARYLAND STATE SERVICE ARE PROPERLY CLASSIFIED, THE
SECRETARY SHALL PERIODICALLY AUDIT A RANDOM SAMPLE OF ALL
POSITIONS UNDER HIS SALARY JURISDICTION. THE SECRETARY
MAY ORDER A STATE DEPARTMENT OR AGENCY TO TAKE
APPROPRIATE ACTION TO BRING ANY POSITION DETERMINED TO BE
INAPPROPRIATELY CLASSIFIED INTO COMPLIANCE WITH THE AUDIT
AND FINDINGS OF THE SECRETARY. A FILLED POSITION WHICH IS

DECLARED TO BE UNDER-CLASSIFIED SHALL BE RECLASSIFIED

IMMEDIATELY OR NOT LATER THAN THE BEGINNING OF THE NEXT

FISCAL YEAR FOLLOWING THE DETERMINATION. A FILLED

POSITION WHICH IS DECLARED TO BE OVER-CLASSIFIED SHALL BE
RECLASSIFIED [[WITHIN ONE YEAR OF THE AUDIT]] AT THE END

OF THE SECOND FISCAL YEAR AFTER WHICH THE DETERMINATION

IS MADE, AND ANY INCUMBENT SHALL BE REDUCED IN RANK

APPROPRIATELY. ANY EMPLOYEE HOLDING A POSITION WHICH__IS

DECLARED TO BE OVER-CLASSIFIED SHALL BE GIVEN THE RIGHT

TO GRIEVE UNDER THE DEPARTMENT'S ADMINISTRATIVE APPEAL

PROCEEDINGS.