Ch. 429                                    2004 LAWS OF MARYLAND

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.

The Board of Public Works may authorize the creation of additional positions
within the executive branch provided that 1.25 full-time equivalent contract positions
are abolished for each 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 not be counted within the limitation of 250
50 under this section.

In addition to any positions created within the limitation of 250 50 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 250 50 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:

(1)     funds are available from non-state sources for each position
established under this exception; and

(2)     any positions created will be abolished in the event that non-state
funds are no longer available.

The Secretary of Budget and Management shall certify by June 30, 2005, the
status of positions created with non-state funding sources during fiscal 2003, fiscal
2004, and fiscal 2005 under this provision as remaining authorized or abolished due
to discontinuation of funds.

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