PARRIS N. GLENDENING, Governor                             Ch. 347

(2)     WITHIN 5 DAYS AFTER RECEIVING A COUNSELING MEMORANDUM,
AN EMPLOYEE MAY SUBMIT TO THE EMPLOYEE'S APPOINTING AUTHORITY A
WRITTEN RESPONSE TO THE MEMORANDUM. THE RESPONSE SHALL BE PLACED IN
THE EMPLOYEE'S FILE AND ATTACHED TO ANY RECORD OF THE MEMORANDUM.

(3)     AN EMPLOYEE MAY NOT TAKE ANY OTHER ACTION IN RESPONSE TO
A COUNSELING MEMORANDUM.

(B)     (1) PLACING AN EMPLOYEE ON LEAVE WITHOUT PAY WHEN THE
EMPLOYEE IS ABSENT WITHOUT APPROVAL IS NOT A DISCIPLINARY ACTION WITHIN
THE MEANING OF THIS SUBTITLE

(2) AN EMPLOYEE WHO IS PLACED ON LEAVE WITHOUT PAY FOR AN
UNAPPROVED ABSENCE ALSO MAY BE SUBJECT TO DISCIPLINARY ACTION FOR THE
UNAPPROVED ABSENCE.

(C)     (1) REQUIRING AN EMPLOYEE TO MAKE RESTITUTION TO THE STATE
FOR LOSS OR DAMAGE TO STATE PROPERTY DUE TO THE EMPLOYEE'S NEGLIGENCE
IS NOT A DISCIPLINARY ACTION WITHIN THE MEANING OF THIS SUBTITLE.

(2)     AN APPOINTING AUTHORITY MAY NOT REQUIRE AN EMPLOYEE TO
PAY RESTITUTION EXCEEDING 3% OF THE EMPLOYEE'S ANNUAL BASE PAY.

(3)     AN EMPLOYEE WHO IS ORDERED TO MAKE RESTITUTION UNDER
THIS SUBSECTION ALSO MAY BE SUBJECT TO CIVIL PROSECUTION OR CRIMINAL
PROSECUTION FOR WANTON DESTRUCTION OF PROPERTY UNDER THE STATE LAW.

11-109. 11-108.

(A)    THIS SUBTITLE DOES NOT PRECLUDE AN APPOINTING AUTHORITY AND
AN EMPLOYEE FROM AGREEING TO THE:

(1)     SUSPENSION HOLDING IN ABEYANCE OF A DISCIPLINARY ACTION
FOR A PERIOD NOT TO EXCEED 18 MONTHS IN ORDER TO PERMIT AN EMPLOYEE TO
IMPROVE CONDUCT OR PERFORMANCE; OR

(2)     IMPOSITION OF A LESSER DISCIPLINARY ACTION AS A FINAL AND
BINDING ACTION, NOT SUBJECT TO ANY FURTHER REVIEW.

(B)     (1) IF AN EMPLOYEE FAILS TO APPEAL A DECISION IN ACCORDANCE
WITH THIS SUBTITLE, THE EMPLOYEE IS CONSIDERED TO HAVE ACCEPTED THE
DECISION.

(2) A FAILURE TO DECIDE AN APPEAL IN ACCORDANCE WITH THIS
SUBTITLE IS CONSIDERED A DENIAL FROM WHICH AN APPEAL MAY BE MADE.

(C)     THE PARTIES MAY AGREE TO WAIVE OR EXTEND ANY TIME STATED IN
THIS SUBTITLE

(D)    EACH PARTY SHALL MAKE EVERY EFFORT TO RESOLVE AN APPEAL AT
THE LOWEST LEVEL POSSIBLE

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