Ch. 347                                    1996 LAWS OF MARYLAND

11-106.

THE SECRETARY, BY REGULATION, SHALL ESTABLISH POLICIES AND
PROCEDURES FOR DISCIPLINARY ACTIONS RELATED TO EMPLOYEE PERFORMANCE,
THAT INCLUDE PROCEDURES FOR:

(1) PROVIDING COUNSELING TO AN EMPLOYEE WITH DEFICIENCIES IN
PERFORMANCE;

(2) ALLOWING AN EMPLOYEE THE OPPORTUNITY TO IMPROVE
DEFICIENCIES IN PERFORMANCE;

(3) IMPOSING DISCIPLINARY ACTIONS, IF WARRANTED; AND

(4) PROVIDING NOTICE TO AN EMPLOYEE OF ANY DISCIPLINARY
ACTION.

11-107.

(A)     BEFORE TAKING ANY DISCIPLINARY ACTION RELATED TO EMPLOYEE
MISCONDUCT, AN APPOINTING AUTHORITY SHALL:

(1)     INVESTIGATE THE ALLEGED MISCONDUCT;

(2)     MEET WITH THE EMPLOYEE;

(3)     CONSIDER ANY MITIGATING CIRCUMSTANCES;

(4)     DETERMINE THE APPROPRIATE DISCIPLINARY ACTION, IF ANY, TO
BE IMPOSED; AND

(5)     GIVE THE EMPLOYEE A WRITTEN NOTICE OF THE DISCIPLINARY
ACTION TO BE TAKEN AND THE EMPLOYEE'S APPEAL RIGHTS.

(B)     EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, AN
APPOINTING AUTHORITY MAY IMPOSE ANY DISCIPLINARY ACTION NO LATER THAN
30 DAYS AFTER THE APPOINTING AUTHORITY ACQUIRES KNOWLEDGE OF THE
MISCONDUCT FOR WHICH THE DISCIPLINARY ACTION IS IMPOSED.

(C)     (1) AN APPOINTING AUTHORITY MAY SUSPEND AN EMPLOYEE
WITHOUT PAY NO LATER THAN 5 WORKDAYS FOLLOWING THE CLOSE OF THE
EMPLOYEE'S NEXT SHIFT AFTER THE APPOINTING AUTHORITY ACQUIRES
KNOWLEDGE OF THE MISCONDUCT FOR WHICH THE SUSPENSION IS IMPOSED.

(2) SATURDAYS, SUNDAYS, LEGAL HOLIDAYS, AND EMPLOYEE LEAVE
DAYS ARE EXCLUDED IN CALCULATING THE 5-WORKDAY PERIOD UNDER THIS
SUBSECTION.

11-108. 11-107.

(A) (1) ISSUING A COUNSELING MEMORANDUM IS AN INSTRUCTIONAL
COMMUNICATION AND IS NOT A DISCIPLINARY ACTION WITHIN THE MEANING OF
THIS SUBTITLE.

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