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Martin O'Malley, Governor S.B. 2
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(3) The decision of the head of the principal unit is the final
administrative decision.
(e) Within 15 days after issuance of a decision to rescind a disciplinary
action, the disciplinary action shall be expunged from the employee's personnel
records.
11-305.
(a) This section only applies to an employee who is in a position:
(1) under a special appointment;
(2) in the management service; or
(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
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.
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-4115-
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