BLAIR LEE III, Acting Governor

2879

EMPLOYEE BY AN AGENCY OF THE EXECUTIVE SHALL BE CONDUCTED,
TO THE EXTENT FEASIBLE, ACCORDING TO GUIDELINES DEVELOPED BY
THE SECRETARY OF PERSONNEL. THE GUIDELINES SHALL REQUIRE:

(1)    A REASONABLE EFFORT BY THE CONTRACTING
AUTHORITY PUBLICLY TO SOLICIT APPLICANTS FOR THE CONTRACTUAL
EMPLOYMENT;

(2)    A REASONABLE EFFORT BY THE CONTRACTING
AUTHORITY TO SCREEN AND SELECT CONTRACTUAL EMPLOYEES BY
METHODS AND CRITERIA WHICH ARE UNIFORMLY APPLIED TO ALL
APPLICANTS FOR ANY PARTICULAR INSTANCE OF CONTRACTUAL
EMPLOYMENT; AND

(3)    UTILIZATION OF SELECTION CRITERIA FOR
CONTRACTUAL EMPLOYEES WHICH ARE BASED UPON QUALIFICATIONS OF
THE APPLICANT EXCLUSIVE OF POLITICAL OR RELIGIOUS OPINION OR
AFFILIATION, MARITAL STATUS, RACE, COLOR, CREED, NATIONAL
ORIGIN, SEX, PHYSICAL OR MENTAL HANDICAP, OR AGE, EXCEPT
WHEN SEX, HANDICAP, OR AGE INVOLVES A BONA FIDE JOB
REQUIREMENT.

(E)    THE SECRETARY OF PERSONNEL PERIODICALLY SHALL
AUDIT A SAMPLE OF INSTANCES OF CONTRACTUAL EMPLOYMENT IN THE
VARIOUS AGENCIES OF THE EXECUTIVE TO DETERMINE WHETHER
JUSTIFICATION EXISTS FOR CONTINUATION OF THE CERTIFICATION
REQUIRED UNDER SUBSECTION (B); AND TO DETERMINE WHETHER THE
GUIDELINES REQUIRED BY SUBSECTION (C) (D) HAVE BEEN
FOLLOWED.

(F)    IF, AS THE RESULT OF AN AUDIT PURSUANT TO
SUBSECTION (D) (E), THE SECRETARY DETERMINES THAT THE
SERVICES BEING PERFORMED BY A CONTRACTUAL EMPLOYEE SHOULD BE
PERFORMED BY AN EMPLOYEE IN THE CLASSIFIED SERVICE, HE SHALL
REFUSE TO RENEW THE CERTIFICATE ISSUED UNDER SUBSECTION (B);
AND HE SHALL RECOMMEND TO THE DEPARTMENT OF BUDGET AND
FISCAL PLANNING THAT A CLASSIFIED POSITION BE ESTABLISHED.

(G)    IF, AS THE RESULT OF AN AUDIT PURSUANT TO
SUBSECTION (D) (E), THE SECRETARY DETERMINES THAT THE
GUIDELINES REQUIRED UNDER SUBSECTION (C) (D) HAVE NOT BEEN
FOLLOWED, HE SHALL ADVISE THE CONTRACTING AUTHORITY AS TO
THE NATURE OF THE DEVIATION FROM THE GUIDELINES, AND HE
SHALL SUGGEST TO THE CONTRACTING AUTHORITY ALTERNATE METHODS
OR CRITERIA WHICH WOULD HAVE RESULTED IN COMPLIANCE WITH THE
GUIDELINES.

(H) THE PROVISIONS OF THIS SECTION DO NOT APPLY TO
THE CONTRACTUAL EMPLOYMENT OF ANY TYPE DESIGNATED BY THE
SECRETARY OF PERSONNEL TO BE EXEMPT FROM PROVISIONS OF THIS
SECTION.

(I) THE SECRETARY OF PERSONNEL SHALL INCLUDE THE
FOLLOWING INFORMATION IN THE ANNUAL REPORTS REQUIRED BY
SECTION 10 OF THIS ARTICLE:

(1) A SUMMARY BY DEPARTMENT OF ALL CERTIFICATES
ISSUED PURSUANT TO SUBSECTION (B) DURING THE PREVIOUS FISCAL