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S.B. 2
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Martin O'Malley, Governor
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TRANSPORTATION ARTICLE, PERSONNEL ACTIONS CONCERNING SPECIAL
APPOINTMENTS OR APPLICANTS FOR SPECIAL APPOINTMENT IN THE STATE
PERSONNEL MANAGEMENT SYSTEM OR COMPARABLE POSITIONS IN AN
INDEPENDENT PERSONNEL SYSTEM IN THE EXECUTIVE BRANCH OF STATE
GOVERNMENT MAY BE MADE WITH REGARD TO POLITICAL AFFILIATION, BELIEF,
OR OPINION.
[(d)] (E) The protections of this section are in addition to whatever legal or
constitutional protections an employee or applicant has.
6-405.
(A) Except as otherwise provided by law, individuals in the following
positions in the skilled service, professional service, management service, or executive
service are considered special appointments:
(1) a position to which an individual is directly appointed by the
Governor by an appointment that is not provided for by the Maryland Constitution;
(2) a position to which an individual is directly appointed by the Board
of Public Works;
(3) as determined by the Secretary, a position which performs a
significant policy role or provides direct support to a member of the executive service;
(4) a position that is assigned to the Government House;
(5) a position that is assigned to the Governor's Office; and
(6) any other position that is specified by law to be a special
appointment.
(B) A POSITION THAT IS A SPECIAL APPOINTMENT MAY BE FILLED WITH
REGARD TO POLITICAL AFFILIATION, BELIEF, OR OPINION IF THE SECRETARY
DETERMINES THAT THE POSITION:
(1) RELATES TO POLITICAL INTERESTS OR CONCERNS SO AS TO
WARRANT THAT POLITICAL AFFILIATION BE A REQUIREMENT FOR THE
POSITION; AND
(2) (I) REQUIRES THE PROVISION OF MEANINGFUL DIRECT OR
INDIRECT INPUT INTO THE POLICY-MAKING PROCESS; OR
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- 4111 -
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