Ch. 105

1997 LAWS OF MARYLAND

SECTION 3. AND BE IT FURTHER ENACTED, That on the effective date of
this Act, all the functions, powers, duties, equipment, assets, liabilities, and all the
certificated and noncertificated employees of the Baltimore City Public School System
shall be transferred to the New Baltimore City Board of School Commissioners and to the
Chief Executive Officer of the Board. If assets are not sufficient to fund liabilities
transferred, the liabilities shall be retained by the Mayor and City Council. Additionally,
during any fiscal year after Fiscal Year 1997, liability for payments at separation or
retirement of employees from the Board for leave accumulated and unused prior to June
30, 1997, on terms applicable as of that date, shall be shared as follows: (1) liability up to
$3,500,000 shall be borne by the New Baltimore City Board of School Commissioners
provided that such amount is transferred annually to the Board as part of the Education
Budget; (2) liability exceeding $3,500,000 shall be shared equally by the New Baltimore
City Board of School Commissioners and the Mayor and City Council, provided that the
total aggregate liability of the Board under this subsection (2) for all fiscal years
combined may not exceed $10,500,000; and (3) liability in excess of $10,500,000 shall be
borne by the Mayor and City Council.

SECTION 4. AND BE IT FURTHER ENACTED, That all services provided to the
Baltimore City Public School System by other units of the Baltimore City Government as
of the effective date of this Act that are not otherwise specifically altered by this Act,
including but not limited to public works and transportation services, shall continue to be
provided to the New Baltimore City Board of School Commissioners without diminution
on the same basis and without an increase in any rate of compensation, unless and until
otherwise provided by agreement between the Mayor and City Council and the New
Baltimore City Board of School Commissioners; however, any agreement shall be
submitted for review and comment to the House Appropriations and Ways and Means
Committees and the Senate Budget and Taxation and Economic and Environmental
Affairs Committees of the General Assembly on or before March 1 of the calendar year
in which the agreement would take effect.

SECTION 4. 5. AND BE IT FURTHER ENACTED, That, as of the effective date
of this Act, each certificated and noncertificated employee of the Baltimore City Public
School System shall become a member of the personnel system established by the New
Baltimore City Board of School Commissioners in accordance with § 4-313 § 4-311 of the
Education Article, as enacted by this Act, except that noninstructional senior level staff of
the central administration shall reapply to the Board for continued employment upon the
reorganization. Upon the reorganization, noninstructional supervisory personnel of the
central administration, shall reapply to the Board for continued employment in positions
in central administration. Such personnel include: Directors I, II, and III, Assistant
Superintendents, Area Assistant Superintendents, Deputy Superintendents, and Chief
Aides to the Superintendent, but exclude principals and school-based staff. All
certificated employees who held tenure under §§ 6-201(f) and 6-202(b) of the Education
Article before the effective date of this Act shall continue to hold tenure in the Baltimore
City Public School System subject to removal as provided in § 6-202 of the Education
Article. For the purposes of this section, the fifteen all nonprobationary noninstructional
supervisory noncertificated employees shall remain employed by the Board subject to
removal for cause in accordance with the provisions of § 4-205(c) of the Education
Article.

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