4918

LAWS OF MARYLAND

Ch. 916

Article 64A - Merit System

Section 35

Annotated Code of Maryland

(1979 Replacement Volume and 1981 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
read(s) as follows:

Article 64A - Merit System

35.

(A)(1) [An employee in] WHEN a position [ that] is to
be abolished, discontinue, or vacated, because of change in
departmental organization; or through stoppage or lack of
work, [shall be laid off and his name placed, in the order

provided in the rules of the Secretary of Personnel, on the
eligible list for the class of the position from which he
was laid off] OR BECAUSE OF A MATERIAL CHANGE IN DUTIES
RESULTING IN ABOLITION OF THE EXISTING POSITION AND CREATION
OF A NEW POSITION UNDER § 16 OF THIS ARTICLE, THE APPOINTING
AUTHORITY SHALL:

(I) NOTIFY THE SECRETARY OF PERSONNEL IN
WRITING OF THE NUMBER OF POSITIONS ABOLISHED, DISCONTINUED,
OR VACATED, TOGETHER WITH REASONS FOR THE ACTION; AND

(II) PROVIDE THE SECRETARY WITH A LIST OF
NAMES OF EMPLOYEES TO BE LAID OFF.

(2) THE SECRETARY SHALL CERTIFY THAT THE LIST OF
EMPLOYEES TO BE LAID OFF IS PRODUCED IN ACCORDANCE WITH THE
PROVISIONS OF SUBSECTION (B) (C) OF THIS SECTION.

(A) [An employee in a position that is] EMPLOYEES WHO
ARE IN POSITIONS THAT ARE to be abolished, discontinued, or
vacated, because of change in departmental organization, or
through stoppage or lack of work, shall be laid off [and his
name placed, in the order provided in the rules of the
Secretary of Personnel, on the eligible list for the class
of the position from which he was laid off].

(B) THE ORDER OF LAYOFF OF STATE EMPLOYEES SHALL BE
BASED ON THE FOLLOWING:

(1) (I) EMPLOYEES SHALL BE PLACED IN A POSITION
OF EQUAL CLASSIFICATION IN ANY DEPARTMENT OR AGENCY WHERE A
VACANCY EXISTS.

(II) IF NO VACANCY OF EQUAL CLASSIFICATION
EXISTS, THE EMPLOYEE SHALL BE GIVEN AN OPPORTUNITY TO ACCEPT
A VOLUNTARY DEMOTION TO THE NEXT LOWER CLASSIFICATION FOR
WHICH THE EMPLOYE IS QUALIFIED.