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ROBERT L. EHRLICH, JR., Governor H.B. 750
(3) Permit employees to participate in the pension and retirement
systems for employees of the State of Maryland authorized under Division II of the
State Personnel and Pensions Article or any other pension and retirement systems
authorized by law.
(d) (1) The Secretary shall adopt regulations to govern the human resources
management system established under this section.
(2) The regulations shall address procedures for leave, appointment,
hiring, promotion, layoff, removal, termination, redress of grievances, and
reinstatement of employees and shall be presented to the Joint Committee on
Administrative, Executive, and Legislative Review under Title 10, Subtitle 1 of the
State Government Article.
(3) THE REGULATIONS SHALL PROVIDE THAT BEFORE TAKING ANY
DISCIPLINARY ACTION RELATED TO EMPLOYEE MISCONDUCT, AN APPOINTING
AUTHORITY OR DESIGNATED REPRESENTATIVE SHALL:
(I) INVESTIGATE THE ALLEGED MISCONDUCT;
(II) MEET WITH THE EMPLOYEE;
(III) CONSIDER ANY MITIGATING CIRCUMSTANCES;
(IV) DETERMINE THE APPROPRIATE DISCIPLINARY ACTION, IF ANY,
TO BE IMPOSED; AND
(V) GIVE THE EMPLOYEE A WRITTEN NOTICE OF THE
DISCIPLINARY ACTION TO BE TAKEN AND THE EMPLOYEE'S APPEAL RIGHTS.
(4) (I) THE REGULATIONS SHALL PROVIDE THAT THE APPOINTING
AUTHORITY OR DESIGNATED REPRESENTATIVE MAY SUSPEND AN EMPLOYEE, WITH
OR WITHOUT PAY, PENDING THE FILING OF CHARGES FOR REMOVAL TERMINATION.
(II) IF AN EMPLOYEE IS SUSPENDED WITHOUT PAY, THE
APPOINTING AUTHORITY OR DESIGNATED REPRESENTATIVE SHALL PROVIDE TO
THE SECRETARY THE CHARGES FOR REMOVAL TERMINATION WITHIN 44 30
CALENDAR DAYS AFTER THE FIRST DAY OF THE SUSPENSION PERIOD.
(III) IF THE APPOINTING AUTHORITY OR DESIGNATED
REPRESENTATIVE FILES THE CHARGES FOR REMOVAL TERMINATION AFTER THE
14 DAY 30-DAY PERIOD DESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE
EMPLOYEE SHALL BE PLACED ON LEAVE WITH PAY UNTIL THE SECRETARY
RECEIVES THE CHARGES.
(5) THE REGULATIONS SHALL PROVIDE THAT AN APPOINTING
AUTHORITY OR A DESIGNATED REPRESENTATIVE AND AN EMPLOYEE MAY AGREE TO
THE HOLDING IN ABEYANCE OF A DISCIPLINARY ACTION FOR A PERIOD NOT TO
EXCEED 18 MONTHS IN ORDER TO PERMIT AN EMPLOYEE TO IMPROVE CONDUCT OR
PERFORMANCE.
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