PARRIS N. GLENDENING, Governor                             Ch. 347

[12-202.] 13-202.

(a)     Except as otherwise authorized under [§ 12-201(b)] § 13-201(B) of this
subtitle, a unit may not execute or renew a contract for the employment of a contractual
employee unless the Secretary issues to the unit a certification that:

(1)     the employment of the contractual employee is for services that cannot
be performed by assignment or hiring of [ a classified service or unclassified service] ANY
NONTEMPORARY employee;

(2)     the rate of pay for the contractual employee is comparable to the rate
paid to [classified service or unclassified service] employees in positions that involve
comparable duties, responsibilities, experience, and authority; and

(3)     the services to be performed under the contract encompass functions
that:

(i) are infrequent;

(ii) are needed for a limited time;

(iii) are unusual; or

(iv) need to be implemented quickly and for which there is no
reasonable alternative.

(b)     The Secretary may issue a certification for any effective period that does not
exceed the period of the contract between the unit and the contractual employee.

[12-203.] 13-203.

(a)     The Secretary shall adopt guidelines for the recruitment and selection of
contractual employees.

(b)     These guidelines shall require a contracting unit:

(1)     to make a reasonable effort to publicly solicit applicants for contractual
employment;

(2)     to make a reasonable effort to screen and select contractual employees
by using methods and criteria that are uniformly applied to all applicants for a particular
instance of contractual employment; and

(3)     to use criteria to select contractual employees that:

(i) are based on the qualifications of the applicant; and
(ii) conform to subsection (c) of this section.

(c)     [(1) Except as provided in paragraph (2) of this subsection, each contracting
unit shall select contractual employees without regard to:

(i) age;

(ii) ancestry;

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