Ch. 202

2003 LAWS OF MARYLAND

Provided, however, that if the imposition of this ceiling causes undue hardship in any
department, agency, board, or commission, additional positions may be created for
that affected unit to the extent that positions authorized by the General Assembly for
the fiscal year are abolished in that unit or in other units of State government. It is
further provided that the limit of 500 250 does not apply to any position that may be
created in conformance with specific manpower statutes that may be enacted by the
State or federal government nor to any positions created to implement block grant
actions or to implement a program reflecting fundamental changes in federal/State
relationships. Notwithstanding anything contained in this section, the Board of
Public Works may authorize additional positions to meet public emergencies resulting
from an act of God and violent acts of men, which are necessary to protect the health
and safety of the people of Maryland.

In addition to any positions created within the limitation of 500 under this
section, the The Board of Public Works may authorize the creation of 250 positions
within the executive branch provided that 1.25 full-time equivalent contract positions
or the equivalent are abolished for each permanent regular position authorized and
that there be no increase in agency funds in the current budget and the next two
subsequent budgets as the result of this action. It is the intent of the General
Assembly that priority is given to converting individuals that have been in a contract
position for at least two years. Any position created by this method shall be counted
within the limitation of 250 under this section.

In addition to any positions created within the limitation of 500 250 under this
section, the Board of Public Works may authorize the creation of no more than 150
positions within the Department of Human Resources to provide services purchased
by Local Management Boards through contracts with local departments of social
services. If a Local Management Board terminates a contract with a local department
of social services during the fiscal year, all the positions created by the Board of Public
Works to provide services under the terms of that contract shall be abolished.

In addition to any positions created within the limitation of 500 250 under this
section, the Board of Public Works may authorize the creation of positions within the
Department of Human Resources to provide services funded by grants from sources
other than Local Management Boards. If any grant entity terminates a grant award
with a local department of social services or other unit during the fiscal year, all
positions created by the Board of Public Works to provide services under the terms of
the grant award shall be abolished. The employee contracts for these positions shall
explicitly state that the positions are abolished at the termination of the grant award.
General funds, special funds, or any other State funds shall not be used to pay any of
the salaries or benefits for these positions. Furthermore, the Department of Human
Resources must provide a summary to the budget committees by December 1 of each
year on the number of positions created under this section.

The numerical limitation on the creation of positions by the Board of Public
Works established in this section shall not apply to positions entirely supported by
funds from federal or other non-state sources so long as both the appointing authority
for the position and the Secretary of Budget and Management certify for each position
created under this exception that:

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