ROBERT L. EHRLICH, JR., Governor

Ch. 5

(1)      PROMOTION TO A RANK, EXCEPT DEPUTY SECRETARY, SHALL BE
MADE IN THE MANNER REQUIRED BY RULE.

(2)      FOR A NONCOMMISSIONED RANK THAT HAS FEWER THAN 25 POLICE
EMPLOYEES, THE SECRETARY BY RULE MAY DIRECT THAT IT IS UNNECESSARY TO
FILL THE NONCOMMISSIONED RANK FOR PURPOSES OF PROMOTION.

(3)      (I) THIS PARAGRAPH DOES NOT APPLY TO A RANK THAT REQUIRES
TECHNICAL KNOWLEDGE.

(II) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, A
POLICE EMPLOYEE MAY NOT BE APPOINTED OR PROMOTED TO A RANK UNLESS THE
POLICE EMPLOYEE:

1.       IS BYPASSING AN OBSOLETE RANK AND CURRENTLY
FILLS THE RANK IMMEDIATELY BELOW THE OBSOLETE RANK; OR

2.       HAS FILLED THE RANK IMMEDIATELY BELOW THE RANK
TO WHICH THE POLICE EMPLOYEE IS TO BE PROMOTED.

(D)     SAME — PROMOTION TO MAJOR OR LIEUTENANT COLONEL.

(1)      NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
SECRETARY MAY APPOINT WITHOUT EXAMINATION:

(I)      A POLICE EMPLOYEE WHO HOLDS A COMMISSIONED RANK TO
THE RANK OF MAJOR; AND

(II)     A POLICE EMPLOYEE WHO HOLDS A COMMISSIONED RANK OF
NOT LESS THAN CAPTAIN TO THE RANK OF LIEUTENANT COLONEL.

(2)      A POLICE EMPLOYEE APPOINTED IN ACCORDANCE WITH THIS
SUBSECTION CONTINUES TO SERVE AT THE PLEASURE OF THE SECRETARY.

(3)      NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ON
TERMINATION OF AN APPOINTMENT UNDER THIS SUBSECTION, THE POLICE
EMPLOYEE MAY:

(I)      RETURN TO THE RANK HELD BEFORE THE APPOINTMENT; OR

(II)     BE PROMOTED TO A HIGHER RANK TO WHICH THE POLICE
EMPLOYEE BECAME ELIGIBLE FOR PROMOTION DURING THE APPOINTMENT.

(E)     SAME — OBSOLETE RANK.

AN INCUMBENT POLICE EMPLOYEE IN AN OBSOLETE RANK REMAINS IN THAT
RANK UNTIL PROMOTED, DEMOTED, RETIRED, OR TERMINATED.

(F)     CIVILIAN EMPLOYEES.

PROMOTIONS OF CIVILIAN EMPLOYEES SHALL BE MADE IN ACCORDANCE WITH
THE STATE PERSONNEL AND PENSIONS ARTICLE.

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