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Martin O'Malley, Governor
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Ch. 592
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(3) in the executive service,
(b) Each employee subject to this section:
(1) serves at the pleasure of the employee's appointing authority; and
(2) may be terminated from employment for any reason THAT IS NOT
ILLEGAL OR UNCONSTITUTIONAL, solely in the discretion of the appointing
authority.
(C) A MANAGEMENT SERVICE EMPLOYEE OR A SPECIAL APPOINTMENT
EMPLOYEE DESIGNATED BY THE SECRETARY UNDER § 4-201(C)(2)(I) OF THIS
ARTICLE MAY NOT BE TERMINATED FOR THE PURPOSE OF CREATING A NEW
POSITION FOR ANOTHER INDIVIDUAL'S APPOINTMENT BECAUSE OF THAT
INDIVIDUAL'S POLITICAL AFFILIATION, BELIEF, OR OPINION.
(D) A MANAGEMENT SERVICE EMPLOYEE OR A SPECIAL APPOINTMENT
EMPLOYEE WHO IS TERMINATED UNDER SUBSECTION (B) OF THIS SECTION
SHALL BE GIVEN, IN WRITING, THE REASONS FOR THE TERMINATION BY THE
EMPLOYEE'S APPOINTING AUTHORITY.
[(c)] (E) (D) An employee or an employee's representative may file a written
appeal of an employment termination under this section as described under § 11-113
of this title.
(F) AN EMPLOYEE SUBJECT TO THIS SECTION MAY INITIATE A CAUSE
OF ACTION BASED ON THE EMPLOYEE'S TERMINATION WITHOUT FIRST
EXHAUSTING THE EMPLOYEE'S ADMINISTRATIVE REMEDIES.
(G) IF A COURT DETERMINES THAT AN EMPLOYEE IS ENTITLED TO
JUDGMENT IN AN ACTION, THE COURT SHALL ALLOW THE EMPLOYEE
REASONABLE COUNSEL FEES AND OTHER COSTS OF THE ACTION.
Article - Transportation
2-103.4.
(b) (1) In the exercise of the Secretary's powers under this section, the
Secretary may:
[(1)] (I) Create and abolish any position other than positions
specifically provided for in this article: and
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- 3809 -
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