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Martin O'Malley, Governor Ch. 427
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ON BARGAINING UNIT EMPLOYEES THAN EXISTED PRIOR TO ITS RENEWAL OR
REBIDDING;
(XII) SOLICITATION OF A SERVICE CONTRACT FOR A CAPITAL
IMPROVEMENT PROJECT OR ASSET MANAGEMENT PROJECT;
(XIII) SOLICITATION OF ANY CLASS, TYPE, CATEGORY, OR
PARTICULAR SERVICE CONTRACT THAT THE COMMISSION REASONABLY
BELIEVES SHOULD BE PERFORMED BY AN INDEPENDENT CONTRACTOR TO
ELIMINATE A CONFLICT OF INTEREST OTHERWISE APPARENT IF THE SERVICES
ARE PERFORMED BY A BARGAINING UNIT EMPLOYEE;
(XIV) SOLICITATION OF ANY CLASS, TYPE, CATEGORY, OR
PARTICULAR SERVICE CONTRACT WHEN THE NEED FOR THE SERVICE OR
ACTIVITY IS SUCH THAT THE TIME NECESSARY FOR THE ANALYSIS REQUIRED
UNDER SUBSECTION (D) OF THIS SECTION WOULD:
1. RESULT IN DAMAGE TO COMMISSION PROPERTY;
2. RESULT IN INJURY TO INDIVIDUALS; OR
3. SUBSTANTIALLY HINDER THE OBJECTIVE OF
CONSTRUCTING OR MAINTAINING SAFE, SANITARY, AND DECENT PROPERTIES
AND FACILITIES; OR
(XV) A SERVICE CONTRACT THAT EITHER THE MONTGOMERY
COUNTY COUNCIL OR THE PRINCE GEORGE'S COUNTY COUNCIL AUTHORIZES
OR REQUIRES BE PROVIDED BY AN INDEPENDENT CONTRACTOR.
(4) THIS SECTION DOES NOT APPLY TO OR LIMIT THE AUTHORITY
OF THE COMMISSION TO ABOLISH A BARGAINING UNIT POSITION OR CONDUCT A
REDUCTION IN FORCE.
(C) THE COMMISSION MAY NOT SOLICIT A SERVICE CONTRACT UNDER
THIS SUBTITLE UNLESS THE EXECUTIVE DIRECTOR HAS CERTIFIED THAT THE
SERVICE CONTRACT COMPLIES WITH SUBSECTIONS (D) AND (E) OF THIS
SECTION.
(C) BEFORE THE COMMISSION SOLICITS ANY SERVICE CONTRACT
UNDER THIS SECTION, THE SECRETARY-TREASURER MUST CERTIFY THAT THE
COMMISSION HAS COMPLIED WITH SUBSECTIONS (D) AND (E) OF THIS SECTION.
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