Ch. 347                                    1996 LAWS OF MARYLAND

(B)     IF, IN THE APPOINTING AUTHORITY'S JUDGMENT, A PROBATIONARY
EMPLOYEE SUBJECT TO THIS SECTION IS UNABLE OR UNWILLING TO
SATISFACTORILY PERFORM THE DUTIES OR RESPONSIBILITIES OF THE POSITION,
THE APPOINTING AUTHORITY SHALL:

(1)     RETURN THE EMPLOYEE TO THE EMPLOYEE'S FORMER POSITION IF
IT IS VACANT; OR

(2)     DEMOTE THE EMPLOYEE TO A POSITION COMPARABLE TO THE
EMPLOYEE'S POSITION WITHIN THE APPOINTING AUTHORITY'S JURISDICTION.

(C)     A PROBATIONARY EMPLOYEE MAY APPEAL A DEMOTION UNDER THIS
SECTION ONLY ON THE GROUNDS THAT THE DEMOTION IS ILLEGAL OR
UNCONSTITUTIONAL AS A DISCIPLINARY ACTION.

11-305.

(A)    THIS SECTION ONLY APPLIES TO AN EMPLOYEE WHO IS IN A POSITION:

(1)     UNDER A SPECIAL APPOINTMENT; OR

(2)     IN THE MANAGEMENT SERVICE; OR

(3)     IN THE EXECUTIVE SERVICE.

(B)     EACH EMPLOYEE SUBJECT TO THIS SECTION:

(1)     SERVES AT THE PLEASURE OF THE EMPLOYEE'S APPOINTING
AUTHORITY; AND

(2)     MAY BE TERMINATED FROM EMPLOYMENT FOR ANY REASON,
SOLELY IN THE DISCRETION OF THE APPOINTING AUTHORITY.

(C)     (1) AN EMPLOYEE OR AN EMPLOYEE'S REPRESENTATIVE MAY FILE A
WRITTEN APPEAL OF AN EMPLOYMENT TERMINATION UNDER THIS SECTION WITH
THE HEAD OF THE PRINCIPAL UNIT WITHIN 15 DAYS AFTER RECEIVING NOTICE OF
THE TERMINATION AS DESCRIBED UNDER § 11-113 OF THIS TITLE.

(2) AN APPEAL:

(I) MUST BE FILED WITHIN 15 DAYS AFTER THE EMPLOYEE
RECEIVES NOTICE OF THE TERMINATION; AND

(II) MAY ONLY BE BASED ON TIDE GROUNDS THAT THE
TERMINATION IS ILLEGAL OR UNCONSTITUTIONAL.

(3)     THE EMPLOYEE HAS THE BURDEN OF PROOF IN AN APPEAL UNDER
THIS SECTION.

(D) THE HEAD OF THE PRINCIPAL UNIT MAY CONFER WITH THE EMPLOYEE
BEFORE MAKING A DECISION.

(E) (1) THE HEAD OF THE PRINCIPAL UNIT MAY;

(I) UPHOLD THE TERMINATION; OR

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