Ch. 249                                          LAWS OF MARYLAND

command established by rule. "Grade" means the status of one or
more police employees having the same primary areas of duty and
responsibility within a rank.

(9)  "Rule" means any rule, regulation, order   or other
directive adopted by the Superintendent pursuant to this   article.
A rule is not for any purpose a rule within the meaning   of Title
10, Subtitle 1 of the State Government Article.

(10)  "OBSOLETE RANK" MEANS THE RANK OF SECOND

LIEUTENANT AND ANY RANK DESIGNATED BY THE SUPERINTENDENT UNDER §
19 OF THIS ARTICLE TO WHICH NO FURTHER PROMOTIONS WILL BE MADE.

19.

(a)  All promotions shall be made by the Superintendent.

(b)   [No] EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS
SECTION, NO police employee shall be appointed or promoted to
any rank[,] except one which requires technical knowledge, unless
[he shall have] THE EMPLOYEE IS BYPASSING AN OBSOLETE RANK AND
CURRENTLY FILLS THE RANK IMMEDIATELY BELOW THE RANK THAT HAS BEEN
DECLARED OBSOLETE, OR HAS filled the rank immediately below that
to which he is promoted; but as to any noncommissioned rank which
contains less than twenty-five police employees, the
Superintendent may by rule direct that it is unnecessary to fill
such rank for purposes of promotion. Promotion to any
noncommissioned rank shall be made in the manner prescribed by
rule. Promotion to any commissioned rank, except deputy
superintendent, shall be made from among those persons appearing
in any position on a list of eligible persons prepared by the
State Commissioner of Personnel in accordance with the merit
system.

(c)  Notwithstanding any other provisions of law the
Superintendent may appoint, without examination, any police
employee holding a commissioned rank to the rank of major and any
police employee holding a commissioned rank of not less than
captain to the rank of lieutenant colonel. A police employee
appointed in accordance with this provision shall continue to
serve at the Superintendent's pleasure. Upon termination of an
appointment by the Superintendent under this subsection, the
police employee may return to the rank held prior to the
appointment or to a higher rank to which he has become eligible
for promotion during his appointment, notwithstanding any other
provision of law.

(D) INCUMBENT EMPLOYEES WITHIN AN OBSOLETE RANK WILL REMAIN
UNTIL PROMOTED, DEMOTED, RETIRED, OR TERMINATED.

[(d)] (E) Promotions of civilian employees shall be made in
the manner provided by the merit system.

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