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VETOES
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H.B. 785
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[(3)] (6) Subject to the provisions of paragraph [(4)](7) of this
subsection, the employee grievance procedures shall include, at a minimum, the
following sequence of levels of appeal:
(i) Initially an aggrieved employee shall present any grievance to
the appointing authority or a designated representative, who shall render a written
decision;
(ii) Any appeal shall be presented to the Secretary or a designated
representative, who shall render a written decision;
(iii) If the dispute is still unresolved, the appeal shall be referred to
the Office of Administrative Hearings or a mutually agreed upon third party arbiter
who may not hear grievances relating to classification, salary, or fiscal matters; and
(iv) For disciplinary actions only, either party may appeal any
decision of the Office of Administrative Hearings or a third party arbiter to the
Secretary of Budget and Management or that Secretary's designee.
[(4)] (7) These regulations shall include procedures that ensure that all
employees of the Department covered by this section and all employees hired after
June 1, 1992 shall be entitled to the same levels of appeal provided for in the State
employees' grievance procedures contained in Title 12 of the State Personnel and
Pensions Article. Any disciplinary action taken against such employees by the
Department shall include the same levels of appeal contained in Division I of the
State Personnel and Pensions Article and its implementing regulations.
[(5)] (8) (i) During any stage of a complaint, grievance, or other
administrative or legal action that concerns State employment by a full-time or
part-time executive service, career service, or commission plan employee of the
Department, or by a temporary or contractual employee of the Department, the
employee may not be subjected to coercion, discrimination, interference, reprisal, or
restraint by or initiated on behalf of the Department solely as a result of that
employee's pursuit of a grievance, complaint, or other administrative or legal action
that concerns State employment.
(ii) An employee of the Department may not intentionally take or
assist in taking an act of coercion, discrimination, interference, reprisal, or restraint
against another employee solely as a result of that employee's pursuit of a grievance,
complaint, or other administrative or legal action that concerns State employment.
(iii) An employee who violates the provisions of this paragraph is
subject to disciplinary action, including termination of employment.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2005.
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May 26, 2005
The Honorable Michael E. Busch
Speaker of the House
- 4174 -
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