Ch. 20                                       1993 LAWS OF MARYLAND

Article - Tax - Property

2-104.

(c) The State Supervisor of Assessments and the assessment area supervisors are
in the unclassified service of the State Personnel Management System. [However]
HOWEVER, they shall hold their positions during good behavior [,] and may be removed
from their positions only after a hearing before the Department and a finding of
incompetency or other cause.                             

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:

Article 64A - Merit System                                       

1.                                                                         

In this article the following words have the meanings indicated:

(17) "Reinstatement" means reemployment of a person [in a classification
previously held and includes] WITH restoration of all benefits.                               

SECTION 3. AND BE IT FURTHER ENACTED, That in amending Article
64A, § 1(17) of the Code, the General Assembly intends to clarify the reinstatement
rights of employees in accordance with the following:

On October 4, 1991, based on the language of Article 64A, § 1(17) and a proposed
decision from the Office of Administrative Hearings, the Department of Personnel issued
a memorandum limiting reinstatement rights to only employees returning to the same
class held at the time of separation. Subsequently, on November 27, 1991, advice of
counsel from the Office of the Attorney General concluded that the General Assembly
did not intend to prevent reinstatement benefits based on prior service to an employee
who was rehired in a class other than the class held at the time of separation. Section 2 of
this Act is therefore enacted to reflect the intent of the General Assembly, as indicated in
that advice of counsel, and to supersede the Department of Personnel memorandum of
October 4, 1991.

SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act
shall be void after September 30, 1993.

SECTION 2. 5. AND BE IT FURTHER ENACTED, That Section 1 of this Act
shall take effect October 1, 1993.

SECTION 6. AND BE IT FURTHER ENACTED, That this Act is an emergency
measure, is necessary for the immediate preservation of the public health and safety, has
been passed by a yea and nay vote supported by three-fifths of all the members elected to
each of the two Houses of the General Assembly, and, except as provided in Section 5 of
this Act, shall take effect from the date it is enacted.

Approved April 13, 1993.

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