2618

LAWS OF MARYLAND

Ch. 493

Article 64A - Merit System
15A.

(a)  (1) In this section the following words have the
meanings indicated.

(2)   "Contractual employee" means a person providing
personal services to the State for remuneration provided that:

(i) The services and remuneration are specified
in an A WRITTEN agreement;

(ii) An employer-employee relationship exists;
and

(iii) The person is not employed as a
classified, unclassified or temporary extra employee.

(3)   "Employer-employee relationship" means conditions
of employment such that:

(i) The State has the right to control and
direct the performance of services, not only as to results but
also as to details and means;

(ii) The State has the right to discharge the
employee; and

(iii) The State furnishes necessary tools and a
place to work.

(b)  An agency of the executive may not execute or renew a
contract for the employment of a contractual employee unless:

(1) The Secretary of Personnel has issued a
certification to the agency that:

(i) The employment of the contractual employee
is for services that could not be rendered by assignment or
hiring of a classified or unclassified employee; [and]

(II) THE SERVICES ENCOMPASS FUNCTIONS THAT:

1.  ARE NEEDED FOR A LIMITED TIME;

2.   ARE UNUSUAL;

3.  ARE INFREQUENT; OR

4.  NEED TO BE ESTABLISHED QUICKLY AND FOR
WHICH THERE IS NO REASONABLE ALTERNATIVE; AND

[(ii)] (III) The rate of remuneration for the
contractual employee is comparable to the rate paid for positions