Ch. 10

1993 LAWS OF MARYLAND

SUBJECT TO SUBSECTION (E) OF THIS SECTION, THE SECRETARY SHALL
DETERMINE THE PART OF THE REPORT, IF ANY, THAT WILL REMAIN IN THE
EMPLOYEE'S OFFICIAL EMPLOYMENT RECORD FOR DETERMINING THE
SUITABILITY OF THE EMPLOYEE FOR FUTURE EMPLOYMENT.

(E) EMPLOYMENT RECORD.

(1)      A REPORT MADE UNDER THIS SECTION MAY NOT BECOME PART OF
THE EMPLOYEE'S OFFICIAL EMPLOYMENT RECORD UNTIL AFTER THE EMPLOYEE
HAS HAD AN OPPORTUNITY TO RESPOND TO THE REPORT.

(2)      IF A REPORT IS MADE A PART OF AN EMPLOYEE'S OFFICIAL
EMPLOYMENT RECORD, THE EMPLOYEE'S WRITTEN RESPONSE, IF ANY, SHALL ALSO
BE MADE A PART OF THE EMPLOYEE'S RECORD.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 64A, § 34.

In subsections (a)(1) and (c)(1) of this section, the phrase "to the Secretary"
is added to state expressly that which only was implied in the former law - i.e.,
reports and responses are submitted to the Secretary. Similarly, the reference
to a hearing "before the Secretary" is added in subsection (c)(2).

In subsection (b) of this section, the requirement that the "appointing
authority" provide notice to an employee is substituted for the former
requirement that the "Secretary" give the notice, to conform to long-standing
Departmental understanding and administrative practice.

In subsections (b)(2) and (e)(1) of this section, the broad references to an
employee's "responding]" to a report is substituted for the former reference
to an "answer ... in writing", reflecting a nonprobationary employee's right to
respond in writing or at a hearing.

In subsections (d) and (e) of this section, the former reference to a
"permanent" record is deleted as unnecessary in light of the reference to an
"official" record.

Subsection (d) of this section is also revised to extend its applicability not only
to a decision made after a hearing but, also, to a decision made solely on a
written response from a probationary employee, who does not have a right to
a hearing, or from a nonprobationary employee who fails to request a hearing.

In subsection (e)(2) of this section, the condition "[i]f a report is made part of
an employee's official employment record" is added to clarify that an
            employee's written response to an unsatisfactory work or conduct report

becomes part of an employee's employment record only when the report that
elicited the response is also placed in the employee's record - reflecting
long-standing Departmental understanding and administrative practice.

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