Ch. 347                                    1996 LAWS OF MARYLAND

(iii)   color;

(iv)    creed;

(v)     marital status;

(vi)    mental or physical disability;

(vii)   national origin;

(viii)  political affiliation, belief, or opinion;

(ix)    race;

(x)     religious affiliation, belief, or opinion; or

(xi)    sex.]

(1)     EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, ALL
PERSONNEL ACTIONS CONCERNING A CONTRACTUAL EMPLOYEE SHALL BE MADE
WITHOUT REGARD TO ANY FACTOR LISTED IN § 2-402 IN ACCORDANCE WITH § 2-302
OF THIS ARTICLE

(2)     An action may be taken with regard to age, sex, or disability to the extent
that age, sex, or disability involves a bona fide occupational qualification.

(d) To the extent feasible, a unit shall conduct the recruitment and selection of
contractual employees according to the guidelines adopted under this section.

[12-204.] 13-204.

Except as authorized under [ § 12-303] § 13-303 of this title, the Secretary may not
continue certification for any contractual employee if the Secretary determines that the
services performed under the contract:

(1)     encompass permanent functions;

(2)     have no specific expiration date; and

(3)     regularly are performed on a basis that is at least equal to 50 of the work
responsibility of a full-time permanent employee.

[12-205.] 13-205.

(a)     The Secretary periodically shall audit a sample of instances of contractual
employment in the various units to determine whether:

(1)     justification exists in each instance to continue certification for the
contractual employee; and

(2)     the guidelines adopted under [§ 12-203] § 13-203 of this subtitle have
been followed.

(b)     (1) If, as a result of an audit, the Secretary determines that services
performed by a contractual employee should be performed by a permanent employee, the
Secretary shall:

- 2248 -