Subtitle 16. Personnel

To effectuate the mandate set forth in Sections 901 and 904 of Article IX of County Charter so as to provide by law for a County personnel system governing the appointment and removal of employees, and other personnel policies and procedures for employees in the County government, said policies and procedures to govern but not be limited to: classification and pay plans including the allocation of positions; the construction, maintenance, and expiration of eligibility lists; certification and appointment procedures; probationary requirements; promotion, transfer, and separation procedures; disciplinary procedures; career development plans; and special rules relating to the police and fire services; and,

To insure that said personnel system is administered and maintained in a manner consistent with the following principles:

Adverse Action means certain actions authorized and effectuated in writing by any appointing authority or the Director of Human Resources Management which adversely affect an employee by virtue of a reduction in the employee's pay and/or employment status. As used herein, the term "adverse action" shall only mean and include any dismissal, suspension, demotion, forfeiture of annual leave as a disciplinary action, a step rate reduction as a disciplinary action, the imposition of a fine as a disciplinary action, a separation from County employment under a reduction-in-force action, and a termination under separation-disability action.

Allocation means the human resources action by which the Director of Human Resources Management creates a position and assigns it to a class of work established in the Classification Plan.

Anniversary Date means that date one (1) calendar year from the effective date of an employee's initial appointment, competitive or noncompetitive promotion, reemployment, demotion, and reappointment to a vacant position in the classified service, or such other date established in the Salary Plan, as well as the same respective dates, where applicable, each succeeding calendar year, for the duration of an employee's County employment in the classified service. As defined herein, the term "anniversary date" shall not apply to any employee occupying a position in the classified service under the terms of a temporary/provisional, temporary/emergency or limited-term appointment.

Appointment means the human resources action by which an appointing authority considers and selects an eligible for entry into a position in the classified service as a probationary status employee, a temporary/provisional status employee or a temporary/emergency status employee.

Appointing Authority means a person or persons authorized by law to select, remove, and otherwise discipline and direct employees and shall include the County Executive; the Chief Administrative Officer; the heads of agencies, departments, and offices in the Executive Branch; the individual members of the County Council and the County Council as a body; the Clerk of the County Council; the County Auditor; and the Chief Zoning Hearing Examiner. As defined herein, the term "appointing authority" shall also mean any employee under the jurisdiction of any of the aforementioned parties who has been delegated authority, in writing, to select employees by any of the aforementioned parties.

Certification means the human resources action by which the Director of Human Resources Management prepares and refers a certification list to an appointing authority for consideration of eligibles thereon for appointment or promotion, as appropriate, to a vacant position or positions in a given class of work within the classified service.

Certification List means a listing of the names of eligibles certified from the top of the appropriate eligibility register by the Director of Human Resources Management and referred to an appointing authority for consideration for appointment or promotion, as appropriate, to a vacant position or positions in a given class of work within the classified service.

Class or Class of Work means a group of positions, or one position, that:

Class Series means a grouping of two (2) or more classes within the same occupational group, as designated in the Classification Plan, based on the similarity of the nature and type of work and representing ascending levels of responsibility and qualifications which reflect normal promotional lines.

Class Specification means a written description of a typical and representative position for each class of work established in the Classification Plan which specifies the typical duties, tasks, and responsibilities associated with each such class.

Class Title means the official designation or name assigned to each class established in the Classification Plan.

Classification means the legislative action of adopting or amending the Classification Plan so as to establish a new class of work in the classified or exempt service, assign a class title and, where applicable, assign an appropriate grade thereto.

Classification Plan means a law setting forth, by schematic listings, each established class of work in the classified and exempt services and the grade, except as otherwise provided by law, assigned to each established class of work. As defined herein, the term "Classification Plan" shall not be construed to include any position governed by an approved Executive Pay Plan or any elective position otherwise established by County Charter or State statute.

Classified Service means all positions not specifically defined under Section 902 of Article IX of County Charter which are required to be governed by the provisions of this Subtitle pursuant to the provisions of Section 901 of Article IX of County Charter.

Competitive Examination means a promotional examination or a recruitment examination, wherein the Director of Human Resources Management rates the relative qualifications of applicants in competition for appointment or promotion, as appropriate, to a vacant position or positions in a given class of work within the classified service.

Demotion means the human resources action by which an employee is changed, while continuously employed, to a lower grade in the classified service.

Detail means the temporary assignment to an employee of all or part of the duties, tasks and responsibilities of another position to meet an emergency situation, for purposes of training, or to accommodate an employee's temporary disability.

Discrimination or Discriminatory Action means any act by an employee's appointing authority or supervisor, or the Director of Human Resources Management, which adversely affects the pay, status or working conditions of the employee, or any act by an appointing authority or the Director of Human Resources Management which adversely affects an applicant for employment or a former employee seeking reinstatement, reemployment or reappointment, where any such act is based upon the employee's or the applicant's race, sex, sexual orientation, color, religion, creed, country of national origin, political opinion, marital status, age, physical or mental handicap, or physical appearance and thereby made wrongful and illegal pursuant to and in accordance with the provisions of, the Equal Employment Opportunity Act of 1972 (Public Law 92-261), as amended, Sections 17 through 20, titled "Discrimination in Employment," of Article 49B, titled "Human Relations Commission," of the Annotated Code of Maryland, as amended, and the Human Relations Act for Prince George's County, Maryland, as said statutes or laws were enacted and as they may be amended from time to time; provided, however, that the foregoing shall not be construed to prevent an appointing authority, supervisor, or the Director of Human Resources Management from taking any action which is declared not to be a wrongful employment practice under the provisions of the aforesaid statutes or laws, including, but not limited to, any action taken on the basis of any such employee's or applicant's race, sex, sexual orientation, color, religion, creed, country of national origin, political opinion, marital status, age, physical or mental handicap, or physical appearance where it can be demonstrated that any of said characteristics with respect to any such employee or applicant constitutes a bona fide, occupational qualification reasonably necessary to the normal operation of County government. As defined herein, the term "discrimination" or "discriminatory action" shall also include any action taken by an appointing authority, supervisor, or the Director of Human Resources Management with respect to any such employee or applicant for employment because of any such employee's or applicant's membership or nonmembership in a labor organization, as said term is defined under Section 13A-102(h) of Subtitle 13A of the Prince George's County Code of Ordinances and Resolutions, titled "Labor Code," except as may be otherwise provided by law.

Dismissal means the human resources action by which an appointing authority separates an employee from the employee's position for "less than satisfactory" performance, or for violations of standards or rules of conduct or behavior.

Eligibility Register means a promotion register, or a recruitment register, wherein the names of all applicants determined by the Director of Human Resources Management to be eligible for promotion or appointment, as appropriate, to a vacant position or positions in a given class of work within the classified service are ordered in terms of their relative standing for certification.

Eligible means an applicant who, upon the determination of the Director of Human Resources Management, meets the qualification requirements for promotion or appointment, as appropriate, to a vacant position or positions in a given class of work within the classified service.

Employee means a person legally appointed to and occupying any duly authorized and allocated position in the classified service, but shall not include any person occupying a position in the classified service under the terms of a temporary/provisional, temporary emergency or limited-term appointment, or a person appointed to and occupying any position in the exempt service, unless expressly stated otherwise.

Equal Employment Opportunity Officer or EEO Officer means that person whom the County Executive or the County Executive's designee appoints and who, by virtue of said appointment, shall be charged with investigatory responsibilities set forth under Section 16-203(a)(7) with respect to appeals filed with the Personnel Board in which discrimination is alleged, and such additional duties and responsibilities as specifically assigned by the County Executive under the terms of the Executive Order required to be issued under Section 16-109(b) with respect to the County's equal employment opportunity program.

Executive Level Position means any deputy or assistant director, administrative specialist, or executive administrative aide to the head of a department, agency, or office, or similarly graded positions, including the position of Major in the Police and Fire Departments.

Executive Pay Plan means a resolution adopted by the County Council pursuant to Section 402(5) of Article IV of County Charter having the force and effect of law which establishes the compensation for the positions of the Chief Administrative Officer and the head of each agency and department of the Executive Branch of County government. As used herein, the term "compensation" shall mean and include base salary rates and any other special salary rates and fringe benefits.

Exempt Service means all positions specifically defined in Section 902 of Article IX of County Charter.

Furlough means a period of leave without pay under the provisions of Section 16-229 of the Code. A furlough is a nondisciplinary human resources action authorized and approved by the Director of Human Resources Management and is not an adverse action.

Grade means the alphabetical and/or numerical designation used to identify the level of responsibility assigned to each class of work established in the Classification Plan.

Grievance means a complaint by an employee wherein the employee alleges that an act or acts by the employee's appointing authority or supervisor, or the Director of Human Resources Management, except for adverse actions, with respect to any matter affecting the employee's working conditions, pay, or status, is unfair, inequitable, arbitrary and capricious, or illegal. An "act" or "action" by an appointing authority, supervisor, or the Director of Human Resources Management under the meaning of this paragraph shall also include any failure to act within a reasonable period of time by any of said parties. As defined herein, the term "grievance" shall not be construed to include any grievance as defined and provided for under any collective bargaining agreement negotiated and approved pursuant to Subtitle 13A of the Prince George's County Code of Ordinances and Resolutions, titled "Labor Code."

Ineligible means an applicant whom the Director of Human Resources Management determines does not meet the qualification requirements for appointment or promotion, as appropriate, to a vacant position or positions in a given class of work within the classified service.

Legal proceeding means a proceeding before a tribunal constituted by law, including a court, an administrative body or commission, or an administrative law judge or hearing officer.

Noncompetitive promotion means an act by which an employee in a lower graded class of work receives a promotion to a higher graded class of work without having to undergo a formal promotional examination.

Occupational Group or Job Family means the grouping of two (2) or more classes or class series in the same or related occupation, profession, activity, or field of endeavor.

Personnel Procedures means that compilation of administrative guidelines and operating instructions developed by the Director of Human Resources Management and approved and issued by the County Executive or a designee of the County Executive, other than the Director of Human Resources Management, in full compliance with and within the scope of, the provisions of this Subtitle, for the benefit of appointing authorities, supervisors and employees where specifically required by the provisions of this Subtitle and where otherwise deemed necessary and appropriate by the Director of Human Resources Management in order to properly and effectively carry out the provisions of this Subtitle.

Position means a group of duties, tasks, and responsibilities allocated by the Director of Human Resources Management to a class of work established in the Classification Plan and requiring the full- or part-time employment of one (1) or more persons. A position may be incumbered or vacant.

Position Description means a written statement for each position allocated to each class of work established in the Classification Plan which is intended to exemplify the class specification applicable to the position by delineating the specific and particular day-to-day duties, tasks, and responsibilities comprising the work assigned to the position.

Position Title means the informal, working designation or name assigned to each position allocated to a class of work established in the Classification Plan.

Probationary Period means that period of time extending up to, but not to exceed, twelve (12) calendar months from the effective date of initial appointment and reappointment of a person to a vacant position in the classified service which is intended to constitute the final stage in the examining process of an initially appointed and reappointed employee; provided, however, that the probationary period for all uniformed employees occupying positions allocated to public safety classes of work within the County Police, Sheriff, and Fire Departments shall be that period of time extending from the effective date of any such employee's initial appointment and reappointment through that date twelve (12) calendar months after the date any such employee completes any required basic training course or courses in an academy or school; and provided further, that the "probationary period," as defined herein, shall not apply to any employee occupying any position in the classified service under the terms of temporary/provisional, temporary/emergency or limited-term appointment.

Promotion means the human resources action by which an employee is changed, while continuously employed, to a vacant position in a class with a higher grade.

Promotional Examination means a type of competitive examination for promotion to a vacant position or positions in a given class of work within the classified service, admission to which shall be limited to eligible employees occupying positions in certain lower grade classes in the classified service.

Qualification Requirements means a written description for each class of work established in the Classification Plan which specifies the minimum qualifications requisite for any employee to occupy and continue to occupy any position allocated to each such class.

Rating means the human resources action by which the Director of Human Resources Management measures the degree of an eligible's relative qualifications for appointment or promotion, as appropriate, to a vacant position or positions in a given class of work within the classified service.

Reallocation means the human resources action by which the Director of Human Resources Management changes an allocated position from one (1) established class of work to another established class of work with a higher or lower grade in the classified service.

Reappointment means the human resources action by which a permanent status employee, formerly occupying a position in the classified service and voluntarily separated from said position, or formerly occupying a position in the classified service and involuntarily separated from said position through a reduction-in-force action, is reappointed, as a matter of the appointing authority's privilege, to a vacant position in the classified service for which the employee meets the qualification requirements.

Reassignment means the human resources action by which an employee changes duties or responsibilities, while continuously employed within the same class and grade.

Reclassification means the legislative action of amending the Classification Plan so as to revise an established class of work in the classified or exempt service by changing the grade, class specification, qualification requirements, or class title, or any combination of the foregoing revisions.

Recruitment Examination means a type of competitive examination for appointment to a vacant position or positions in a given class of work within the classified service, admission to which shall be open to any eligible person and shall be announced to the general public.

Reduction-In-Force means the human resources action authorized and approved by the Director of Human Resources Management wherein an employee is separated from a position in a given class of work within the classified service due to the scheduled abolition of one (1) or more of the positions allocated to said class of work within a given department, agency, or office, as a result of a curtailment of work, a lack of funds, or governmental reorganization.

Reemployment means the human resources action by which a permanent status employee, formerly occupying a position in the classified service and involuntarily separated from said position through a reduction-in-force action is reemployed, as a matter of right, in a vacant position in the same class from which separated or in a vacant position in a lower graded class within the same class series from which separated, after a break in County employment of one (1) full working day or more.

Reemployment Priority Register means a written record prepared and maintained by the Director of Human Resources Management which is comprised of the names of those permanent status employees formerly occupying positions in the classified service who were separated from their positions through a reduction-in-force action and are legally entitled to be reemployed in any vacant position in the same class from which separated or in any vacant position in a lower graded class within the same class series from which separated. The names of all employees on any such reemployment register shall be ranked, by class and class series, on the basis of each such employee's retention points score in order to determine priority for reemployment.

Reinstatement means the human resources action by which an employee, formerly occupying a position in the classified service and involuntarily separated from said position by virtue of an adverse action, is reinstated in the employee's former position by final order of the Personnel Board or a court of law pursuant to an adverse action appeal.

Resignation shall mean a voluntary written statement from an employee giving his/her appointing authority notice of the termination of his/her employment with the County. A "resignation" shall include, at a minimum, the date of the employee's separation and the position from which the employee is separating.

Retention Points means the numerically weighted factors of length of County employment, and prior official performance ratings, which factors constitute the formula for the derivation of the quantitative score assigned to each permanent status employee occupying a position in the classified service and determine each such employee's relative standing or rank on a retention register. In determining length of County employment, any employee absence due to a reduction-in-force (provided that the employee is reemployed following the reduction-in-force), or the grant of approved leave, including but not limited to military leave, disability leave, or leave taken pursuant to the Family and Medical Leave Act, shall not constitute a break in service.

Retention Register means a written record of a given class of work within the classified service and all positions allocated to said class of work within a given department, agency, or office, wherein the names of employees occupying positions allocated to said class of work are ranked by the Director of Human Resources Management on the basis of their priority for retention due to a scheduled reduction-in-force action.

Retention Rights means the legal entitlement of a permanent status employee to be retained in a position in a given class of work on the basis of said employee's relative standing on a retention register.

Salary Plan means that compilation of salary schedules, as recommended by the County Executive and approved by the County Council pursuant to Section 903 of County Charter, setting forth the compensation for annually- and hourly-rated employees who occupy positions allocated to each class of work established in the Classification Plan, except for employees who occupy positions for which compensation is established in an approved Executive Pay Plan and except for elected officials whose salary and/or compensation is otherwise established by County Charter or State statute. As used herein, the term "compensation" shall mean and include the base salary rates of all such classified and exempt service employees and any other special salary rates and fringe benefits not otherwise established in this Subtitle, as enacted, and as amended from time to time.

Salary Range means one sequence or several sequences of salary rates for each grade from a minimum salary rate through a maximum salary rate.

Salary Schedule means a table of grades and corresponding salary ranges, as established under the Salary Plan, setting forth the compensation of employees who occupy positions in established classes of work.

Schematic Listing means a method of identifying each class of work established in the Classification Plan through the arrangement of class titles by occupational groups.

Standard Work Week or Tour of Duty means the total number of productive hours established under the applicable salary schedule within the Salary Plan which each employee is required and entitled to work during a stipulated number of consecutive calendar days, with due allowance for additional, unpaid periods of time for meals.

Reserved.

Supervisor means any appointing authority, and any other employee under an appointing authority's jurisdiction, designated, in writing, as a supervisor by an appointing authority who is responsible for generally overseeing, directing and evaluating the work and performance of a specified group or unit of employees. Where an appointing authority delegates, in writing, to a designated supervisor, the authority to appoint employees under the supervisor's jurisdiction, then, in such event, the supervisor shall also be an appointing authority with respect to the exercise of such appointment authority under the provisions of this Subtitle.

Suspension means the human resources action by which an appointing authority officially places an employee in a nonduty, nonpay status as a result of violations of rules or standards of conduct or behavior.

Transfer means the human resources action by which an employee, while continuously employed, is moved to a vacant position at the same grade located either within the agency or in another agency.

Work Schedules mean written schedules of the required daily hours of work, within a standard work week, prescribed by an appointing authority for individual employees and/or various groups or units of employees under the appointing authority's jurisdiction.

That the provisions of this Subtitle shall not apply to any employee occupying a position in the classified service under the terms of a limited-term appointment, except as expressly stated otherwise;

That the provisions of this Subtitle shall not apply to any employee occupying a position in the classified service under the terms of a temporary/provisional or temporary/emergency appointment, except as expressly stated otherwise; and,

That the provisions of this Subtitle shall apply to any employee occupying a position in the classified service where said employee is governed by a collective bargaining agreement negotiated and approved pursuant to the provisions of Chapter 13A of the Prince George's County Code of Ordinances and Resolutions, titled "Labor Code," except as specifically provided otherwise under the provisions of Section 16-233.

To recommend to the County Council, proposed regulations, consistent with the provisions of this Subtitle, concerning procedures for hearings before the Board and a reimbursement schedule for employee legal fees and/or court costs, which shall have the force and effect of law upon adoption by resolution of the Council;

To approve or disapprove agreements for the joint administration of examinations and the use of eligibility registers concluded by the Director of Human Resources Management with other public human resources offices and departments;

To hear and decide adverse action and unresolved grievance appeals from employees in accordance with the applicable provisions of Division 14;

To hear and decide appeals from former employees seeking reinstatement, reemployment, and reappointment, and any employee who has taken or sought to take an examination for appointment to a vacant position in the classified service concerning any action of the Director of Human Resources Management or the appointing authority in relation thereto, including actions pertaining to the methods of examination, and the preparation of eligibility registers and certification therefrom, in accordance with the applicable provisions of Division 14;

To advise and consult, as appropriate, with County officials on matters concerning the administration of the personnel system established by this Subtitle and any personnel procedures issued pursuant hereto, and to report to the County Executive and the County Council on the operation of said personnel system; and,

To carry out such other functions as may be assigned by law.

Shall be empowered to administer oaths and to require any witness to testify under oath regarding the subject of any appeal before the Board;

May request any classified or exempt service employee to attend and produce documents and records regarding the subject of any appeal before the Board;

May, upon a majority vote of the full Board, issue subpoenas upon any person to require such person to attend, testify, and produce documents and records regarding the subject of any appeal before the Board; and,

May review and provide comments to the County Council on any legislation amending the provisions of this Subtitle, as may be proposed from time to time, and on any proposed amendments to the County's Classification and Salary Plans where comments on amendments to said plans are provided in accordance with the procedures stipulated in Section 16-125 of this Subtitle. (CB-1-1976; CB-52-1981; CB-5-2003; CB-91-2003; CB-42-2009)

Be responsible to the County Executive for the overall administration of the personnel system established by this Subtitle pursuant to Section 905 of Article IX of County Charter;

Be responsible for insuring that the personnel requirements of all appointing authorities and supervisors are met on a continual and timely basis;

Insure, to the extent provided under the provisions of this Subtitle, that the personnel system established by this Subtitle is administered within the various agencies, departments, and offices of County government in a manner which is consistent with and not in violation of, the provisions of this Subtitle;

Recommend to the County Executive policies and procedures which are designed to advance the utilization of progressive human resources management techniques in the administration of the personnel system established by this Subtitle;

Routinely evaluate the effectiveness of human resources management practices within and among the various agencies, departments and offices of County government and recommend improvements therein to the County Executive;

Recommend, on a timely basis, to the County Executive for submission to the County Council, proposed legislation to amend the provisions of this Subtitle as necessary in order to refine, update, and expand the personnel system established by this Subtitle;

Develop personnel procedures; however, the County Council may implement personnel procedures which govern employees of the Legislative Branch;

Provide, on a timely basis to the County Executive for submission to the County Council, updated class specifications and salary schedules;

Conduct the full range of human resources management and labor relations functions as required in order to properly implement and maintain the personnel and labor relations system established by this Subtitle with authority to delegate, in writing, such functions to agencies, departments, and offices of County government, provided that:

Encourage employee participation in wellness and recreation programs;

Establish appropriate programs for the employment of persons with disabilities, students, trainees, interns, and similarly situated persons to occupy County positions;

Represent the County Executive in all labor relations matters, including the negotiation of collective bargaining agreements, representation, and unfair labor practice proceedings, and arbitration hearings.

To determine and redetermine, within the scope of the County's approved annual expense budget, the methods, means, personnel, and budget necessary to maintain efficient and effective government operations and to properly effectuate the mission and objectives of their department, agency, or office;

To direct and assign the work of their employees, including, but not limited to, the authority to appoint, promote, transfer, and reassign such employees;

To evaluate the performance and conduct of their employees and to take remedial actions in relation thereto where warranted; and,

To promulgate, subject to the approval of the County Executive or the County Executive's designee, written supplemental personnel operating procedures and reasonable rules of employee conduct and behavior applicable to their employees in order to satisfy the needs and obligations of their departments, agencies, or offices.

To comply with and adhere to, the provisions of this Subtitle and any personnel procedures developed, approved and issued pursuant hereto;

To exercise continued respect towards employees under their respective jurisdictions and the general public in their exercise of their duties and responsibilities;

To recognize the rights of employees under their respective jurisdictions to openly and freely express their views relative to their terms and conditions of employment and, in furtherance thereof, to make reasonable efforts to periodically confer with said employees, individually or collectively, when requested to do so in order to informally discuss their views and recommendations regarding their terms and conditions of employment; and

To identify expectations for job performance, to provide appropriate recognition for achievements, and to carry out corrective action for performance and conduct problems as needed.

To comply with and adhere to, the provisions of this Subtitle, any personnel procedures developed, approved and issued pursuant hereto, and any supplemental personnel operating procedures and reasonable rules of conduct and behavior as may be promulgated by an employee's appointing authority pursuant to Section 16-107(a)(4), above, including, but not limited to, timely reporting to work, productive discharge of duties, proper leave use, maintaining integrity in carrying out duties, and refraining from improper use of drugs or alcohol;

To exercise continued diligence in the performance of properly assigned duties, tasks, and responsibilities and to demonstrate willingness to perform these duties in a satisfactory manner;

To carry out in an efficient, effective, and timely manner any lawful order or directive rendered by an employee's appointing authority or supervisor and any assignment which is within the scope of the employee's applicable class specification, except as specifically provided otherwise under the provisions of this Subtitle;

To exercise continued respect towards other employees and the general public in all matters relating to the performance of properly assigned duties, tasks, and responsibilities; and

To maintain security of confidential records and other County information.

That the same grade be applied to and the same qualification requirements be consistently required for, all positions in the same class of work based upon the similarity of assigned duties, tasks, and responsibilities; and,

That the same standards be developed and applied in the review of all positions and classes of work.

Development and maintenance of class titles;

Development and maintenance of classes of work with similar skills and salary ranges;

Development and maintenance of written specifications for the different classes of work;

Reallocation of encumbered positions;

Technical assistance to departments, agencies, and offices of County government;

Reviewing, processing, and approving requests for position reviews or classification changes.

To develop, in consultation with the Director of Human Resources Management, accurate and current position descriptions for all positions under their jurisdiction;

To review and, where necessary, update, the position descriptions developed under paragraph (a)(1), above, as determined by the Director of Human Resources Management;

To provide incumbents of all positions under their jurisdiction with current copies of said incumbents' applicable position descriptions as developed and maintained under paragraphs (a)(1) and (2), above;

To periodically review the status of positions under their jurisdictions and to promptly initiate allocation and reallocation requests where believed to be necessary;

To insure that an adequate and accurate presentation of facts is made to the Director of Human Resources Management at the time of any review of a position or positions under their jurisdiction;

To be sufficiently familiar with the classification process in order to discuss pertinent facts with position incumbents at the time of any proposed position classification action;

To insure that position classification actions are not proposed solely as a means to reward a position incumbent or as a means of disciplining a position incumbent; and,

To insure that the assignment of duties, tasks, and responsibilities to any position incumbent:

A temporary/seasonal position shall mean any duly authorized and properly allocated position which, by virtue thereof, shall permit the employment of one (1) person for not more than seven hundred (700) hours in any twelve (12) month period; and,

A permanent position shall mean any duly authorized and, where applicable, properly allocated position which, by virtue thereof, permits the employment of any of the persons in the exempt service, except for members of boards and commissions; experts or specialists performing temporary services; employees required to be covered by the State merit system; elected officials whose positions and salary and/or compensation is otherwise established by County Charter or State statute; and persons occupying temporary/seasonal, exempt service positions.

A full-time position shall mean any classified or exempt service position where the authorization for the position is intended to permit the employment of one (1) person for the total number of hours within the standard work week.

A part-time position shall mean any classified or exempt service position where the authorization for the position is intended to permit the employment of one (1) person for a stipulated number of hours each pay period where the total number of hours is less than the total number of hours for a full-time position.

To meet an emergency situation caused by:

For purposes of training which is designed to:

To accommodate an employee's temporary disability as provided for under Section 16-189(c).

All full-time employees who are determined to be eligible for overtime salary rates in accordance with the applicable provisions of the Salary Plan, shall be compensated, in such event, at such special salary rates as are established under the applicable salary schedules within the Salary Plan for each hour or part thereof worked in excess of the total number of productive hours which constitute their standard work weeks or tours of duty.

All part-time employees who are determined to be eligible for overtime salary rates in accordance with the applicable provisions of the Salary Plan, shall be compensated, in such event, at such special salary rates as are established under the applicable salary schedules within the Salary Plan for each hour or part thereof worked in excess of the full-time equivalent of the total number of productive hours which constitute their standard work weeks or tours of duty.

The Director of Human Resources Management shall compute for an eligible employee a basic allowance. The basic allowance shall be computed on the basis of two (2) week's salary at the base salary rate, excluding special salary rates, the employee received immediately prior to the effective date of the separation for each three (3) full years of County service.

In no event, however, shall an employee's basic allowance, as computed in accordance with subparagraph (c)(1), above, be less than an amount equal to two (2) week's salary at the base salary rate, excluding special salary rates, received by the employee immediately prior to the effective date of any involuntary separation described under Subsection (b), above, provided that the employee had completed one (1) full year of County service immediately prior to the effective date of any such involuntary separation.

There shall be no pro-rata computations made with respect to any basic severance pay allowance authorized under subparagraphs (c)(1) and (2), above.

Any basic severance pay allowance to which an employee is entitled as of the effective date of any involuntary separation, as provided under this Section, shall be in addition to, and not in substitution for, any other salary and compensation the employee is otherwise legally entitled to at the time of any such separation.

Upon the effective date of the separation, an employee shall be entitled to receive the employee's total severance pay allowance, as computed under Subsection (c), above, at biweekly intervals until the total severance pay to which the employee is entitled has been exhausted.

Should an employee die before the employee's severance pay is exhausted, the balance of the employee's severance payments shall continue to be made to the employee's designated beneficiary. In the event there is no designated beneficiary, said payments shall continue to be made to the employee's estate.

The certification of eligibles from a promotion register; or

The certification of eligibles from a recruitment register.

Reinstatement.

Reassignment. An appointing authority may reassign an employee under the appointing authority's jurisdiction without the approval of the Director of Human Resources Management; provided however, that the appointing authority shall provide the Director of Human Resources Management with written notification of any such reassignment.

Intradepartmental or Intraoffice Transfers. An appointing authority may transfer an employee under the appointing authority's jurisdiction within the same department, agency, or office. In the event any such transfer is to a vacant position in a different class of work, such transfer shall be subject to the prior approval of the Director of Human Resources Management with respect to a determination as to whether the employee meets the qualification requirements applicable to the position to which the transfer is proposed by the appointing authority; and, in the event that the employee does not meet the applicable qualification requirements, the Director of Human Resources Management shall disapprove said transfer.

Interdepartmental or Interoffice Transfers. The transfer of an employee from one (1) department, agency or office to another department, agency or office shall be subject to the approval of both appointing authorities. In the event that such a transfer is to a vacant position in a different class of work, such transfer shall be subject to the prior approval of the Director of Human Resources Management with respect to a determination as to whether the employee meets the qualification requirements applicable to the position to which the transfer is proposed by the appointing authority; and, in the event that the employee does not meet the applicable qualification requirements, the Director of Human Resources Management shall disapprove said transfer.

Reemployment. Whenever a permanent status employee is separated from County employment under a reduction-in-force action, the Director of Human Resources Management shall place the employee's name on the reemployment priority register established for the class and class series from which the employee was separated. In the event that two (2) or more employees whose names are ranked within the same class on said register have the same retention points score, it shall be the sole discretion of the appointing authority in interest to determine which of said employees shall be selected for reemployment in the vacant position under the appointing authority's jurisdiction. The employee's period of eligibility for such reemployment shall be one (1) calendar year from the effective date of separation under the reduction-in-force action.

Demotion.

Noncompetitive Promotions.

Reappointment. An appointing authority may, at the appointing authority's discretion, reappoint a permanent status employee formerly occupying a position in the classified service subject to the following conditions:

Intergovernmental Transfers.

Noncompetitive Appointment.

Temporary/Provisional Appointments.

Temporary/Emergency Appointments.

When the County, as the result of a governmental reorganization under Section 503 of the Charter, has assumed the functions of another governmental agency or office which employs the individual and the position is comparable to the individual's former position with that agency or office; or

When such position requires the performance of job duties, tasks, and responsibilities substantially the same as, or identical to, the individual's current job description and was performed by the individual as an employee of an existing or former governmental agency or office which provides services related to the operation of a County agency; or

When the County, pursuant to Section 817 of the Charter, has revised a department or agency work program by reducing the appropriation to such department or agency and reorganizing the assignment of functions, powers, and duties of such department or agency such that the Director of Human Resources Management determines that the classification and/or status of an incumbent or incumbents should be appropriately reallocated, in accordance with the mission, goals, and objectives included in the written revised work program submitted by the County Executive and transmitted to the County Council; and

When, in either of the above circumstances, the Director of Human Resources Management determines that the individual meets all other requirements for the vacant position.

United States Customs and Border Protection; and

United States Immigration and Customs Enforcement.

An identification of the class of work and the number of existing and/or projected vacant positions for which the examination has been announced;

A description of required duties, tasks, and responsibilities and the minimum qualification requirements to be eligible for promotion or appointment;

An identification of the grade and the salary range or entry salary rate applicable to the class of work;

An identification of where, when, and in what format an applicant must respond to said announcement. The closing date for applicant submissions shall be in accordance with established personnel procedures; and

The date of merger on and the duration of, the eligibility register as derived from the examination.

The Director of Human Resources Management shall distribute copies of each competitive promotional examination announcement to all appointing authorities within County government on a timely basis coincidental with the effective date of the issuance of such announcements. All appointing authorities shall be responsible for insuring that copies of such announcements, upon receipt thereof from the Director of Human Resources Management, are posted at conspicuous places and locations within their departments, agencies, or offices which are readily accessible to their employees.

The Director of Human Resources Management shall provide for the distribution of each competitive recruitment examination announcement through the posting of said announcements at conspicuous locations and places within each County department, agency, and office which are readily accessible to employees and at other conspicuous locations which are readily accessible to the general public. The Director of Human Resources Management may also provide for the distribution of said announcement through other appropriate means, including advertisement in newspapers, journals, and on-line publications.

Measure and predict only a person's aptitude or ability to satisfactorily perform the duties, tasks, and responsibilities required to occupy and continue to occupy any position in an established class of work; and,

Eliminate artificial, arbitrary, and unnecessary barriers to employment and/or continued employment.

Written, oral, and/or performance tests;

Measurements of education and/or training and experience; or

Any appropriate combination of the foregoing tests and measurements.

Where said person is an applicant for competitive promotion, the notice shall also describe the employee's right to initiate a grievance with respect to such determination in accordance with the provisions of Section 16-200;

The notice shall also state the person's right to inspect all applicable examination documents and materials as provided in Section 16-161; and

The notice shall also advise any such ineligible of any procedures governing retesting.

The person's examination rating;

The person's order or standing on the eligibility register as of a specified date;

The person's right to inspect all applicable examination documents and materials, as provided in Section 16-161;

The duration of the person's eligibility on the applicable eligibility register and the person's rights to reestablish eligibility, as provided in Section 16-164, below;

The anticipated date or dates of certification from the eligibility register and the procedures for consideration by the appointing authority if the person's name is on the certification list;

The person's right to initiate a grievance with respect to such rating in accordance with the provisions of Section 16-200 if the person is an eligible seeking competitive promotion; and

Any other information the Director of Human Resources Management deems as necessary or appropriate.

Any person to whom the person in interest has given prior written authorization; and

An appointing authority where the name of the person in interest appears as an eligible on a certification list referred to such appointing authority by the Director of Human Resources Management.

An eligibility register shall be established and maintained by the Director of Human Resources Management in order to fill vacant positions in a particular class of work by competitive promotion or appointment, as appropriate, where the number of positions allocated to said class, in combination with the annual attrition rate of incumbents of positions within said class, upon the determination of the Director of Human Resources Management, require a reasonably continuous supply of eligibles.

The Director of Human Resources Management may temporarily close any continuous register, as described in subparagraph (b)(1), above, during any period of time when the number of eligibles thereon exceeds the number of existing or projected vacant positions within the class of work for which the register had been established by the Director of Human Resources Management. However, whenever a continuous register has been temporarily closed by the Director of Human Resources Management for a period of twelve (12) months, the Director of Human Resources Management shall, in such event, reopen the register and announce a competitive promotional or recruitment examination, as appropriate, in accordance with the provisions of Section 16-152. On the basis of such promotional or recruitment examination announcement, the Director of Human Resources Management shall conduct the appropriate competitive examination of applicants and shall rate the eligible candidates and notify said eligibles of their ratings and their standing on the register, as provided in Section 16-160.

After any continuous eligibility register has been initially established by the Director of Human Resources Management, the merger of the names of additional eligibles on said register thereafter shall be governed by the dates for merger as are stated in the applicable promotional or recruitment examination announcement.

Where the number of positions allocated to a particular class of work and/or the annual attrition rate of incumbents of positions within said class does not, upon the determination of the Director of Human Resources Management, necessitate the establishment and maintenance of a continuous eligibility register, as described in Subsection (b), above, the Director of Human Resources Management shall establish a temporary eligibility register for the purpose of filling a position or positions within such class of work at the time such position or positions become vacant.

Upon the competitive promotion or appointment, as appropriate, of an eligible or eligibles to the vacant position or positions within a given class of work for which the temporary eligibility register was established by the Director of Human Resources Management, then, and in such event, the Director of Human Resources Management shall void such eligibility register.

The Director of Human Resources Management shall arrange the names of all eligibles on any promotion eligibility register, whether continuous or temporary, in descending order with the name or names of the eligible or eligibles assigned the highest rating placed at the top of any such register.

Where the names of eligibles are arranged on any such promotion eligibility register in accordance with the provisions above, on the basis of nominal ratings, the Director of Human Resources Management shall order the names of all eligibles within the same nominal rating group alphabetically.

Numerical or Ordinal Ratings. Where the eligibles on any such register have been assigned numerical or ordinal ratings, the range of the ratings on such register shall be divided into three (3) separate subranges, as appropriate, based on the nature of the range of ratings.

Nominal Ratings. Where the eligibles on any register have been assigned nominal ratings, the Director of Human Resources Management shall arrange the names of all eligibles within each nominal group alphabetically.

All disabled veteran eligibles, if any, shall be ordered, by rating, first on the list;

All nondisabled veteran eligibles, if any, shall be ordered, by rating, second on the list;

All eligibles, if any, who are "displaced homemakers" shall be ordered, by rating, third on the list;

All other eligibles, if any, who have certified on their examination applications that they are currently residing within Prince George's County shall be ordered, by rating, fourth on the list; and

All other eligibles, if any, who have certified on their examination applications that they are not currently residing within Prince George's County shall be ordered, by rating, in the last priority category.

The person presents evidence of separation from any branch of the United States Armed Forces under honorable conditions after at least one hundred and eighty (180) days of active military duty, in such manner and form as described in duly developed, approved and issued personnel procedures;

The person has been a legal resident of the State of Maryland for at least five (5) full calendar years at the time of making formal application for a competitive examination in order to be considered for initial appointment to a vacant position in the classified service; and

If the person is a disabled veteran, the person presents evidence of a permanent, service-related disability of thirty percent (30%) or more for which said person is receiving disability compensation payments from the United States Veteran's Administration and/or any branch of the United States Armed Forces in such manner and form as prescribed in duly developed, approved and issued personnel procedures.

The person has been a legal resident of the State of Maryland for at least five (5) full calendar years at the time of making formal application for competitive examination in order to be considered for initial appointment to a vacant position in the classified service;

The person is unmarried and is the legally recognized spouse of a deceased veteran;

The deceased veteran had been honorably discharged from any branch of the United States Armed Forces; and

If the deceased veteran was disabled, the disability was a permanent, service-related disability of thirty percent (30%) or more for which the veteran was receiving, at the time of death, disability compensation payments from the United States Veteran's Administration and/or any branch of the United States Armed Forces.

The person has been a legal resident of the State of Maryland for at least five (5) full calendar years at the time of making formal application for competitive examination in order to be considered for initial appointment to a vacant position in the classified service and is currently residing within Prince George's County;

The person is over thirty-five (35) years of age;

The person has not been gainfully employed on a substantially full-time basis for the past five (5) calendar years because the person has worked for the person's family in the family home; and

The person has had or would have difficulty in finding employment; and

The duration of a person's eligibility on a temporary eligibility register shall be determined in accordance with procedures promulgated by the Director of Human Resources Management.

Where the Director of Human Resources Management has subjected any competitive promotional or recruitment examination, as developed pursuant to Section 16-157, to tests of reliability and validity and, on the basis of the data resultant from such tests, the Director of Human Resources Management has made a finding that the ratings assigned to the eligibles on the basis of any such examination do not accurately reflect the most qualified eligibles for promotion or appointment, as appropriate, to a vacant position or positions in a particular class of work; then, and in such event, the Director of Human Resources Management shall correct such examination inaccuracies through the placement of the names of an additional number of eligibles on the certification list from the applicable eligibility register at the time of certification based on the data resultant from such examination tests;

Where an appointing authority requests that the name or names of an additional eligible or eligibles be added to the original certification list because the original list is depleted of eligibles. In any such event, the Director of Human Resources Management shall certify the name or names of the additional eligible or eligibles, as necessary, beginning with the name of the eligible next in line for certification on the applicable eligibility register.

To properly explain to the employee the duties, tasks, and responsibilities of the employee's position and to otherwise assist in orienting the employee to the general operations of County government;

To insure that the employee is provided with the supplies and other equipment necessary to perform the duties, tasks, and responsibilities of the employee's position; and,

To periodically confer with the employee as regards the employee's performance and to make corrective and remedial suggestions and actions, as deemed necessary, in regard thereto.

Dismissal of a probationary status employee shall become effective five (5) working days after the appointing authority has given the employee a written notice of specific reasons for dismissal.

When dismissal of a probationary status employee is based on an act or acts which permit suspension of the employee under Section 16-193(c)(4)(D), such suspension may be combined as a part of the five (5) working days between notice of dismissal and the effective date of dismissal.

The appointing authority shall, upon presentation of a written notice of dismissal, provide the employee with a written statement of reasons for the dismissal.

In the event that a probationary status employee is absent from the employee's position on authorized and approved leave for a substantial period of time due to extenuating circumstances beyond the employee's control such that, in the judgment of the employee's appointing authority, a proper evaluation of the employee's performance cannot reasonably be made before the expiration of the employee's probationary period; or

In the event that a substantial change in employee duties or a change in supervisor occurs during the probationary period and that change precludes a proper evaluation of the employee's performance.

Made in writing and shall state the specific facts and circumstances justifying the request and the recommended period of time for the extension;

Signed by the appointing authority and the employee in interest so as to indicate their mutual consent for the request; and

Delivered to the Director of Human Resources Management in advance of the expiration of the employee's probationary period.

Has been vacated by the incumbent for an extended period of time by virtue of an approved grant of sick, administrative, or disability leave; leave without pay; or military leave without pay;

Has been vacated by virtue of the separation of the incumbent from said position under adverse action proceedings initiated and taken against the incumbent, and said action is pending, on appeal, before the Personnel Board or a court of law;

Has been vacated by an employee who has been reassigned, transferred, or promoted to a position where the incumbent thereof is absent from said position under the circumstances cited in subparagraphs (a)(1) or (2), above;

Is one which is created exclusively for use as part of an internship program developed to provide work experience for students enrolled in, or recently graduated from, post-secondary educational institutions, or to provide citizens with experience in governmental affairs;

Is one which is created exclusively for use as part of an established program for the employment of senior citizens or persons with disabilities, students, trainees, interns, and similarly situated persons, for which there are inadequate training opportunities in private industry; or,

Is one which is created exclusively for use as part of a program which is implemented pursuant to a grant from, or other financial agreement with, the Federal or State government or other private funding source, where such grant or agreement does not provide sufficient funding for full employee benefits or permanent employment.

Establishes or requires the exercise or performance of any duty, action, or obligation by an appointing authority; and

Establishes a prohibition against the exercise or initiation of an action by an appointing authority.

Except as specifically stated otherwise, the provisions of this Subtitle shall not apply to members of boards and commissions, experts or specialists performing temporary services, employees required to be covered by the State Merit System, and elected officials.

The following provisions of this Subtitle shall apply to any exempt status employee occupying a classified service position under the terms of a temporary/provisional or temporary/emergency appointment:

Require that all appointing authorities develop and maintain performance criteria for each position under their respective jurisdictions and use such criteria to measure employee performance;

Require a system of routine review of employee performance by supervisors and appointing authorities so as to provide opportunity for recognition or corrective action;

Afford opportunities for employee comment on the performance criteria and the performance appraisal; and

Develop procedures for carrying out the policy of this Section.

If the employee's overall performance is rated satisfactory and/or meets expectations or better, and the probationary period has not been extended, the employee will be converted to permanent status in accordance with the provisions of Section 16-172; or

If the employee's overall performance is rated less than satisfactory and/or needs development, the employee will be dismissed.

Employees receiving overall performance evaluations equivalent to outstanding and/or exceeds expectations will receive three (3) retention points;

Employees receiving overall performance evaluations equivalent to more than satisfactory and/or meets expectations will receive two (2) retention points;

Employees receiving overall performance evaluations equivalent to satisfactory and/or meets expectations will receive one (1) retention point;

Employees receiving overall performance evaluations equivalent to less than satisfactory and/or needs development will receive zero (0) retention points.

Where the County Executive, pursuant to Section 822 of Article VIII of County Charter, revises a department or agency work program by reducing the expenditure level of such department or agency due to an ascertained shortfall in revenue during any fiscal year and a reduction in the number of allocated positions within said department or agency is necessary in order to satisfy such reduction in the departmental or agency expenditure level;

Where the Classification Plan is amended through classification action by abolishing an established class of work and, by virtue of the provisions of Section 16-177, the abolition of all positions allocated to said class of work;

Where a legislative act, or an executive order issued and approved pursuant to Section 503 of Article V of County Charter, abolishes a department, agency, or office, or any division or other portion thereof, and there is no provision set forth in such legislative act or executive order governing and effectuating the transfer of employees, positions, and funds from such department, agency or office, or division or other portion thereof;

Where a reduction in the compensation level of a department, agency, or office is effectuated in the County's approved, annual expense budget;

Where an appointing authority requests that a position or positions under the appointing authority's jurisdiction be abolished during any fiscal year and the Director of Human Resources Management authorizes such request; or

Where the County Executive, pursuant to Section 822 of Article VIII of County Charter, revises a department or agency work program by reducing or abolishing a unique service or function.

The Director of Human Resources Management shall suspend the filling of any vacant position within the classes of work to be affected by the scheduled reduction-in-force action, and may, in his discretion, suspend all lower graded classes within all class series from the date the Director of Human Resources Management is advised of the scheduled abolition of the position or group of positions until the effective date of the separation of an employee or employees under the separation — reduction-in-force action. Such action will not preclude the transfer to any existing vacant position of an individual who would otherwise be subject to reduction-in-force.

Whenever any one (1) of the sets of circumstances cited in Subsection (a), above, with respect to the abolition of a position or a group of positions is not specific as to the class or classes of work affected and/or the number of positions to be abolished, the Director of Human Resources Management shall request the appropriate appointing authority or appointing authorities, as the case may be, to supply the Director of Human Resources Management with a written statement setting forth each class of work to be affected by the separation — reduction-in-force action and the number of positions to be abolished within each such class. The written statements by appointing authorities with respect to the number of positions to be abolished within their departments, agencies, or offices and the classes of work so affected, as required in the preceding sentence, shall be made at the sole discretion of such appointing authorities and shall be binding upon the Director of Human Resources Management for purposes of any separation — reduction-in-force action taken by the Director of Human Resources Management thereafter.

The Director of Human Resources Management shall develop a retention register for each class of work within which a position or a group of positions is scheduled to be abolished.

With respect to any retention register developed for a single class of work, the Director of Human Resources Management shall place the names of all employees occupying positions in each such class of work within the department, agency, or office (highest organizational unit or entity) within which the position or group of positions is scheduled to be abolished into priority categories on each such register as follows:

The Director of Human Resources Management shall compute a retention points score for each permanent status employee whose name appears in any class of work on a retention register. The retention points score for each such employee shall be equal to the product of the sum of the points per month granted for the total months of service in any classified service position multiplied by the quotient of the sum of the points granted for the official annual performance ratings received for the preceding three (3) years divided by the sum of the number of such official performance ratings where:

Where any such employee, upon initial appointment, has completed the required probationary period but has yet to receive the first official performance evaluation at the time of the scheduled abolition of a position or positions giving rise to the reduction-in-force action, then, and in such event, the official probationary performance rating shall be utilized for purposes of computing the quotient of performance evaluation points, as provided above; and

Where any such employee's official performance rating for any year, or any such employee's probationary performance evaluation, where applicable, is absent from the employee's official personnel file, as certified to in writing by the Director of Human Resources Management, or where any such employee has initiated a grievance under the provisions of Section 16-200 with respect to the employee's official, probationary performance rating, where applicable, or the employee's latest, official performance rating, and said grievance is pending unresolved at the time of the scheduled abolition of a position or positions giving rise to the reduction-in-force action, then, and in such event, the Director of Human Resources Management shall exclude any such performance rating for purposes of computing the quotient of performance evaluation points, as provided above.

All exempt status employees whose names appear in the third priority category within each such affected class of work on such retention register, as provided in paragraph (b)(4)(C), above, shall be separated from their class of work prior to the separation of any employee whose name appears in the second or first priority categories within the same class of work on such retention register. It shall be the sole discretion of the appointing authority to determine which employees in the third priority category are to be separated from their class of work.

All limited-term employees, probationary status employees, and any employee receiving an aggregate official annual performance rating of "less than satisfactory" for the period preceding the reduction-in-force will appear in the second priority category within each such affected class of work on such retention register, as provided in paragraph (b)(4)(B), above, and shall be separated from their class of work prior to the separation of any employee whose name appears in the first priority category with the same class of work on any such register. It shall be the sole discretion of the appointing authority to determine which employees in the second priority category are to be separated from their class of work.

All permanent status employees whose names appear in the first priority category within each such affected class of work on such retention register, as provided in paragraph (b)(4)(A), above, shall be the last category of employees to be separated from their class of work. The separation of permanent status employees shall be effectuated in inverse order to the standing of such employees within the first priority category in the same class of work on such retention register. Where any permanent status employees within the first priority category in the same class of work have the same retention points score, it shall be the sole discretion of the appointing authority to determine which of the employees with the same retention points score are to be separated from their class of work. However, in any case where any such set of employees with the same retention points score includes employees who are veterans, all nonveteran employees shall be separated by the appointing authority prior to the separation of any such veteran employees. For purposes of the preceding sentence of this subparagraph, a "veteran" shall mean any such employee who would qualify as a veteran under the provisions of Section 16-163(a)(1).

Bears a demonstrable relationship to the nature of the duties and responsibilities of the employee's position; and,

Constitutes a willful, indifferent, or grossly negligent act or commission by such employee.

The appointing authority or supervisor may issue a written reprimand to the employee, provided that any such written reprimand shall state:

The appointing authority may cause the employee to forfeit annual leave days the employee has accrued in an amount not to exceed twenty (20) such accrued leave days for any one (1) violation or act of noncompliance;

The appointing authority may fine the employee in an amount not to exceed five percent (5%) of the employee's base annual salary for any one (1) violation or act of noncompliance, provided that such fine, so imposed, may, at the employee's option, so long as the employee is employed by the County, be withheld from the employee's biweekly paychecks, until paid, in increments not to exceed five percent (5%) of the employee's gross biweekly wages;

The appointing authority may cause the employee to be suspended;

The appointing authority may reduce the employee's salary by an amount not to exceed ten percent (10%). Under no circumstances shall an employee's salary be reduced in this manner to a rate less than the entry rate of the applicable salary range;

The appointing authority may cause the employee to be demoted, subject to the provisions of Section 16-148(a)(6); or

The appointing authority may cause the employee to be dismissed.

Dismissal. The dismissal of an employee shall constitute the most severe type of all authorized disciplinary actions. The dismissal of an employee shall be taken only when the act or acts of the employee which constitute the grounds for disciplinary action are, in the judgment of the employee's appointing authority, serious in nature. In deciding whether any act or acts of the employee are of a sufficiently serious nature to warrant dismissal, the employee's appointing authority shall rely upon any one (1) of the following criteria as justification for the taking of a dismissal action against an employee:

Demotion. The demotion of an employee shall constitute a conduct-related disciplinary action less severe in nature than a dismissal. Where the employee commits an act or acts which constitute justification for the dismissal of the employee under the provisions of paragraph (c)(1), (A) through (E), above, the employee may be demoted rather than dismissed where the employee's appointing authority determines that the employee's past conduct record and/or other extenuating circumstances mitigate against the taking of a dismissal action against the employee.

Salary Reduction. The requirement that an employee's salary be reduced by an amount not to exceed ten percent (10%) shall constitute the type of conduct-related disciplinary action which shall generally be considered to be comparable in severity to demotion where an employee's appointing authority or supervisor, as the case may be, has determined that the employee's conduct constitutes grounds for such disciplinary action as set forth in Subsection (c)(2), above. In deciding whether an employee's salary should be reduced in lieu of demotion, the employee's appointing authority or supervisor, as the case may be, shall make the determination based upon an evaluation that there is no appropriate available vacant position to which the employee could be demoted, or that the employee's conduct will improve under continued close supervision in the same position. After an employee's appointing authority or supervisor, as the case may be, has determined that the employee's conduct constitutes grounds for disciplinary action as set forth in Subsection (c)(2), above, the appointing authority shall be justified in causing the employee's salary by an amount not to exceed ten percent (10%).

Suspension. The suspension of an employee shall constitute the type of authorized disciplinary action which shall generally be considered to be less severe in nature than a dismissal action, a demotion, or a salary reduction, yet more severe in nature than the issuance of a written reprimand to an employee. In deciding whether the act or acts of the employee which constitute the grounds for disciplinary action are of such a nature as to warrant suspension, the appointing authority shall rely upon any one (1) of the following criteria as justification for the taking of a suspension action against an employee:

Forfeiture of Accrued Annual Leave. The requirement that an employee forfeit accrued annual leave days shall constitute the type of authorized disciplinary action which shall generally be considered to be comparable in severity to the suspension of an employee where an employee commits an act or acts which would justify a suspension under the provisions of paragraph (c)(4), above. In deciding whether an employee should be required to forfeit accrued annual leave days in lieu of a suspension as would otherwise be justified under the provisions of paragraph (c)(4), above, the employee's appointing authority shall make such determination based upon an evaluation of the effect the employee's absence from work would have on the operations of the appointing authority's department, agency, or office. Where the employee's appointing authority determines that the absence of an employee from work under a suspension action would cause a detrimental effect on the operations of the department, agency, or office in terms of undue losses in the efficiency of operations or a curtailment in the provisions of services to the general public, the appointing authority shall be justified in causing the employee to forfeit accrued annual leave days in an amount equal to the number of days the employee would have been otherwise suspended under and subject to the conditions set forth in paragraph (c)(4), above; provided, however, that no such forfeiture of accrued annual leave by an employee shall be in an amount in excess of the numbers of annual leave days the employee had accrued as of the effective date of any such action.

Fine. The requirement that an employee pay a monetary fine shall constitute the type of authorized disciplinary action which shall generally be considered to be comparable in severity to the suspension of an employee where an employee commits an act or acts which would justify a suspension under the provisions of paragraph (c)(4), above, and may be used as an alternative to suspension or forfeiture of accrued annual leave. When a fine is imposed in lieu of suspension or forfeiture of accrued annual leave, the appointing authority shall be justified in requiring the employee to pay such fine in an amount not greater in value than the number of days the employee would have been otherwise suspended under and subject to the conditions set forth in paragraph (c)(4), above, or the amount of accrued annual leave the employee would have otherwise been caused to forfeit under and subject to the conditions set forth in paragraph (c)(5), above; provided, however, that in no case may an employee be required to pay a monetary fine in an amount in excess of five percent (5%) of said employee's base annual salary.

Written Reprimand.

Where the employee's actions, inactions, and/or attitudes constitute a representative course of conduct characterized by a general inability, incapability, and/or unwillingness on the part of the employee to maintain a minimum standard of performance with respect to the quality and/or quantity of any or all of the duties, tasks, and/or responsibilities properly assigned to the employee;

Where the employee unjustifiably fails to carry out a particular work assignment which was within the scope of the duties, tasks, and/or responsibilities properly assigned to the employee; or

Where the employee loses or fails to maintain any of the requirements or standards set forth in the qualification requirements statement, as defined in Section 16-102(a)(39), applicable to the employee's position.

The appointing authority or supervisor may issue a written reprimand to the employee, provided that any such written reprimand shall state:

The appointing authority may cause the employee to forfeit annual leave days the employee has accrued in an amount not to exceed twenty (20) such accrued leave days;

The appointing authority may fine the employee in an amount not to exceed five percent (5%) of the employee's base annual salary, provided that such fine, so imposed, may, at the employee's option, so long as the employee is employed by the County, be withheld from the employee's biweekly paychecks, until paid, in increments not to exceed five percent (5%) of the employee's gross biweekly wages;

The appointing authority may cause the employee to be suspended;

The appointing authority may reduce the employee's salary by an amount not to exceed ten percent (10%). Under no circumstances shall an employee's salary be reduced in this manner to a rate less than the entry rate of the applicable salary range;

The appointing authority may cause the employee to be demoted, subject to the provisions of Section 16-148(a)(6);

The appointing authority may cause the employee to be dismissed.

Dismissal. The dismissal of an employee shall constitute the most severe of the three (3) types of performance-related, disciplinary actions authorized under Subsection (b), above. After an employee's appointing authority or supervisor has determined that the employee's performance constitutes grounds for disciplinary action, as set forth in Subsection (a), above, the employee's appointing authority shall be justified in causing the employee to be dismissed, provided that:

Demotion. The demotion of an employee shall constitute a performance-related disciplinary action less severe in nature than a dismissal. After an employee's appointing authority or supervisor has determined that the employee's performance constitutes grounds for disciplinary action, as set forth in Subsection (a), above, the employee's appointing authority shall be justified in causing the employee to be demoted, provided that:

Salary Reduction. The requirement that an employee's salary be reduced by an amount not to exceed ten percent (10%) shall constitute the type of performance-related disciplinary action which shall generally be considered to be comparable in severity to demotion where an employee's appointing authority or supervisor, as the case may be, has determined that the employee's performance constitutes grounds for such disciplinary action. In deciding whether an employee's salary should be reduced by an amount not to exceed ten percent (10%) in lieu of demotion, the employee's appointing authority or supervisor, as the case may be, shall make the determination based upon an evaluation that there is no appropriate available vacant position to which the employee could be demoted, or that the employee's performance will improve under continued close supervision in the same position. After an employee's appointing authority or supervisor, as the case may be, has determined that the employee's performance constitutes grounds for disciplinary action as set forth in Subsection (a), above, the appointing authority shall be justified in causing the employee's salary to be reduced the equivalent of one (1) step rate, provided that:

Suspension. The suspension of an employee shall constitute the type of authorized disciplinary action which shall generally be considered to be less severe in nature than a dismissal action, a demotion, or a salary reduction, yet more severe in nature than the issuance of a written reprimand to an employee. In deciding whether the act or acts of the employee which constitute the grounds for disciplinary action are of such a nature as to warrant suspension, the appointing authority shall rely upon any one (1) of the following criteria as justification for the taking of a suspension action against an employee:

Forfeiture of Accrued Annual Leave. The requirement that an employee forfeit accrued annual leave days shall constitute the type of authorized disciplinary action which shall generally be considered to be comparable in severity to the suspension of an employee where an employee commits an act or acts which would justify a suspension under the provisions of paragraph (c)(4), above. In deciding whether an employee should be required to forfeit accrued annual leave days in lieu of a suspension as would otherwise be justified under the provisions of paragraph (c)(4), above, the employee's appointing authority shall make such determination based upon an evaluation of the effect the employee's absence from work would have on the operations of the appointing authority's department, agency, or office. Where the employee's appointing authority determines that the absence of an employee from work under a suspension action would cause a detrimental effect on the operations of the department, agency, or office in terms of undue losses in the efficiency of operations or a curtailment in the provisions of services to the general public, the appointing authority shall be justified in causing the employee to forfeit accrued annual leave days in an amount equal to the number of days the employee would have been otherwise suspended under, and subject to, the conditions set forth in paragraph (c)(4), above; provided, however, that no such forfeiture of accrued annual leave by an employee shall be in an amount in excess of the number of annual leave days the employee had accrued as of the effective date of any such action.

Fine. The requirement that an employee pay a monetary fine shall constitute the type of authorized disciplinary action which shall generally be considered to be comparable in severity to the suspension of an employee where an employee commits an act or acts which would justify a suspension under the provisions of paragraph (c)(4), above, and may be used as an alternative to suspension or forfeiture of accrued annual leave. When a fine is imposed in lieu of suspension or forfeiture of accrued annual leave, the appointing authority shall be justified in requiring the employee to pay such fine in an amount not greater in value than the number of days the employee would have been otherwise suspended under, and subject to, the conditions set forth in paragraph (c)(4), above, or the amount of accrued annual leave the employee would have otherwise been caused to forfeit under, and subject to, the conditions set forth in paragraph (c)(3), above; provided, however, that in no case may an employee be required to pay a monetary fine in an amount in excess of five percent (5%) of said employee's base annual salary.

Written Reprimand.

Evaluative Factors. Prior to finally taking any of the conduct- or performance-related disciplinary actions authorized under the provisions of Sections 16-193, except under Subsection (c)(1)(A), thereof, and 16-194, respectively, an appointing authority or, where applicable, a supervisor shall insure that the following factors have been evaluated and taken into consideration:

Procedural Requirements. Except for an immediate suspension as authorized under Section 16-193(c)(4)(D), any disciplinary action authorized under the provisions of Sections 16-193 and 16-194 which constitutes an adverse action, as defined in Section 16-102(a)(1), shall be initiated and taken in accordance with the procedures set forth in Section 16-201 which govern the processing of adverse actions against employees and the taking of employee appeals therefrom.

Disciplinary Actions by Appointing Authorities. Any disciplinary action authorized under Sections 16-193 and 16-194 which constitutes an adverse action shall only be finally taken against an employee by the employee's appointing authority; provided, however, that the foregoing part of this sentence shall not be construed to prevent any supervisor from effectively initiating or recommending any such action.

Any written reprimand and any written employee response in relation thereto;

Any record of an employee's suspension for any period not in excess of ten (10) working days;

Any record of an employee's forfeiture of accrued annual leave as a disciplinary action in any amount not in excess of ten (10) accrued leave days; and,

Any record of fines imposed as a disciplinary action.

Any record of an employee's suspension for any period in excess of ten (10) working days;

Any record of any employee's forfeiture of accrued annual leave as a disciplinary action in any amount in excess of ten (10) working days;

Any record of an employee's demotion or reduction in step rate; and,

Any record of an employee's dismissal.

To Responsible Official.

To Director of Human Resources Management.

To Personnel Board.

Whenever an appointing authority intends to take an adverse action against any employee under the appointing authority's jurisdiction, the appointing authority shall first serve the employee with a written statement of charges with respect to the proposed action no later than five (5) working days prior to the intended effective date of any such action. Any such written statement of charges shall state the specific grounds or other reasons for taking such action, and the fact that the employee shall be entitled to appeal such action to the Personnel Board in accordance with the provisions of Subsection (e), below.

At the same time as the appointing authority serves the statement of charges on the employee as required under subparagraph (a)(1), above, the appointing authority shall forward a copy of said statement to the Director of Human Resources Management in order to afford the Director of Human Resources Management an opportunity to review the proposed action, and to render advisory comments to the appointing authority with respect thereto; provided however, that in any case where the proposed adverse action to be taken against the employee constitutes a demotion any such adverse action shall be further subject to the approval of the Director of Human Resources Management with respect to the condition set forth in Section 16-148(a)(6)(B)(i).

Any such employee shall be entitled to respond, in writing, to any statement of charges served upon the employee under subparagraph (a)(1), above, provided such written response is filed with the appointing authority no later than five (5) working days after the date of receipt of the statement of charges by the employee.

Prior to serving any final written notice of adverse action on any such employee, the appointing authority shall consider any advisory comments rendered by the Director of Human Resources Management with respect to the statement of charges, as may have been provided under subparagraph (a)(2), above, and any written response filed by the employee with respect to the statement of charges, as may have been provided under subparagraph (a)(3), above; provided however, that in the case of any adverse action which constitutes a demotion, the appointing authority shall rescind any such proposed action where the Director of Human Resources Management has disapproved such action pursuant to the provisions of Section 16-148(a)(6)(B)(i).

Notwithstanding the provisions of subparagraphs (a)(1), (2), (3), and (4), above, an appointing authority shall not be required to file an advance statement of charges with an employee prior to serving a final written notice of adverse action on the employee under any one (1) of the following circumstances:

Any such employee shall be entitled to file a written notice of appeal with the Personnel Board with respect to any final notice of adverse action taken against any such employee, provided said notice of appeal is filed with the Board no later than five (5) working days after the date of receipt of the final notice of adverse action by the employee; or, in the case of any immediate suspension taken pursuant to Section 16-193(c)(4)(D), no later than five (5) working days after the date such action is taken by the appointing authority. At the same time any such written notice of appeal is filed with the Personnel Board, or no later than ten (10) working days after such notice has been filed, the employee shall additionally file with the Board, a separate written statement setting forth the specific employee allegations with respect to the adverse action and the relief sought by the employee.

Whenever an appointing authority intends to take an adverse action against any employee under the appointing authority's jurisdiction, the appointing authority shall first serve the employee with a written statement of charges with respect to the proposed action no later than ten (10) working days prior to the intended effective date of any such action. Any such written statement of charges shall state the specific grounds or other reasons for taking such action and the fact that the employee shall be entitled to appeal such action to the Personnel Board in accordance with the provisions of Subsection (e), below.

At the same time as the appointing authority serves the notice of intent on the employee as required under subparagraph (b)(1), above, the appointing authority shall forward a copy of said statement to the Director of Human Resources Management in order to afford the Director of Human Resources Management an opportunity to review the proposed action, and to render advisory comments to the appointing authority with respect thereto.

Any such employee shall be entitled to respond, in writing, to any statement of charges served upon the employee under subparagraph (b)(1), above, provided such written response is filed with the appointing authority no later than ten (10) working days after the date of receipt of the notice by the employee.

Prior to serving any final written notice of adverse action on any such employee, the appointing authority shall consider any advisory comments rendered by the Director of Human Resources Management with respect to the statement of charges, as may have been provided under subparagraph (b)(2), above, and any written response filed by the employee with respect to the statement of charges, as may have been provided under subparagraph (b)(3), above.

Any such employee shall be entitled to file a written notice of appeal with the Personnel Board with respect to any final notice of adverse action taken against any such employee, provided said notice of appeal is filed with the Board no later than five (5) working days after the date of receipt of the final notice of adverse action by the employee. At the same time any such written notice of appeal is filed with the Personnel Board, or no later than ten (10) working days after such notice has been filed, the employee shall additionally file with the Board, a separate written statement setting forth the specific details with respect to the adverse action and the relief sought by the employee.

Whenever any employee receives a final notice of an adverse action authorized and taken against any such employee by the Director of Human Resources Management, any such employee shall be entitled to file a written notice of appeal with the Personnel Board with respect to such adverse action, provided said notice of appeal is filed with the Board no later than five (5) working days after the date the adverse action is to become effective as stipulated in the final notice of adverse action. At the same time any such written notice of appeal is filed with the Personnel Board, or no later than ten (10) working days after such notice has been filed, the employee shall additionally file with the Board, a separate written statement setting forth the specific employee allegations with respect to the adverse action and the relief sought by the employee.

The Personnel Board shall hear and decide any such employee appeal of an adverse action authorized and taken by the Director of Human Resources Management in accordance with the provisions of Section 16-203.

Whenever any employee has taken or sought to take a recruitment examination, as defined in Section 16-102(a)(45), or whenever any former employee is seeking or has sought reinstatement, reemployment, or reappointment, as the case may be, any such person shall be entitled to file a written notice of appeal with the Personnel Board with respect to any action of the Director of Human Resources Management and/or the appointing authority in interest with respect thereto, including, in the case of any such recruitment examination, actions pertaining to the methods of examination and the preparation of eligibility registers and certification therefrom, provided that:

The Personnel Board shall hear and decide any such appeal by any such aggrieved person in accordance with the provisions of Section 16-203.

General. Pursuant to Section 907 of Article IX of County Charter, the Personnel Board shall be the final administrative appeal authority for Prince George's County, Maryland, relating to any appeal filed with the Board under the provisions of Sections 16-200 through 16-202 of this Subtitle. In the case of any such appeal to the Board, the decisions and orders of the Board shall be final on all parties concerned and may not be appealed to any other administrative board. Any hearing before the Personnel Board shall be public, if so requested by the aggrieved party. After hearing any appeal, the Board may issue such order as it finds proper by the facts presented in the case. Any such order shall be accompanied by a statement of findings of fact and conclusions of law. The Board may, in any such order, sustain, modify, or reverse the action or actions of an appointing authority, supervisor, or the Director of Human Resources Management, as the case may be, which gave rise to the appeal. The Board may order the reinstatement of the employee with partial or full back pay and benefits or without back pay. Any order for back pay and benefits which arises from this Section may not be imposed for claims which arose prior to the effective date of this legislation. This shall not be construed as extinguishing a right or remedy which existed prior to the enactment of the legislation. All data pertinent to any decision of the Board shall be subject to the scrutiny of all parties to the proceedings and/or the attorneys representing said parties.

Conduct of Hearings. Except as may be otherwise modified by the provisions of this Section, all procedures governing hearings before the Personnel Board shall be established under the regulations which are required to be proposed by the Board and approved by the County Council pursuant to Section 16-105(a)(1).

Right to Representation. Any employee or former employee who has filed an appeal with the Personnel Board pursuant to Sections 16-200, 16-201, or 16-202 shall be entitled to be represented by legal counsel with respect to all proceedings before the Board regarding said appeal.

Consolidation of Appeals. The Personnel Board may consolidate for hearing, all appeals which, in the determination of the Board, represent a common cause of action.

Appeals Held in Abeyance. Whenever an employee files a written notice of appeal with the Board as a result of a suspension taken against said employee under the provisions of Section 16-193(c)(4)(D), the Board shall hold any such appeal in abeyance pending a determination of said employee's guilt or innocence by a trial court.

Dismissal of Appeals. Whenever any employee or former employee files a written notice of appeal and separate petition with the Personnel Board, the Board shall issue an order dismissing the appeal without further proceedings where:

Referral of Appeals to County Attorney. Whenever an employee, former employee, or applicant for employment files a written notice of appeal and a separate written statement with the Personnel Board, as required under the provisions of Sections 16-200, 16-201, or 16-202, as the case may be, the Personnel Board shall transmit a copy of any such notice of appeal and written statement to the County Attorney so that the interests of the County can be represented with respect to any such appeal. Whenever any such petition alleges discrimination, the County's Equal Employment Officer, acting as an agent of the County Attorney, shall conduct an investigation of the merits of the allegations set forth in any such written statement. The EEO Officer shall issue a confidential written report to the County Attorney setting forth the results of any such investigation. The County Attorney shall proceed, upon the receipt of the EEO Officer's report regarding the allegations of discrimination and on the basis of such other investigations as the County Attorney may deem appropriate, to present the County's position in the proceedings before the Personnel Board with respect to any such appeal and/or shall conduct such conciliations or negotiations with respect to a potential settlement or resolution of such appeal as deemed appropriate by the County Attorney.

Consideration of Appeals. The following general criteria shall apply to the Personnel Board's consideration of appeals:

Hearing Examiners.

Referral of Orders to Director of Human Resources Management or County Executive.

Transcripts of Hearings. The Personnel Board shall make available a transcript of any hearing before the Board to any party to the proceedings of an appeal before the Board upon the payment of such reasonable costs for such transcript as determined by the Board.

Pay status of Terminated Employee. In the event of an appeal of an adverse action concerning a separation, termination, dismissal, demotion, or fines if the Personnel Board orders the reinstatement of the employee, the employee shall be placed in a pay status as of the date of the Personnel Board's order provided the order is not appealed. If the adverse action is upheld by the Personnel Board and is appealed to a Court which determines that the employee shall be reinstated, the employee shall be placed in a pay status as of the date of the Court's order provided the order is not appealed.

Production of Documents. If requested by the employee at least ten (10) working days prior to the hearing, the appointing authority shall provide without charge or cost copies of all documents used by the employer for preparation of the case. The parties shall exchange any lists of proposed witnesses to be called at the hearing no later than five (5) working days prior to the hearing. The appointing authority shall not introduce any additional documents at the hearing unless a copy was provided to the employee at least five (5) days prior to the hearing or except to rebut testimony or documentary evidence submitted by the employee.

Where the employee takes an appeal of an unresolved grievance or an adverse action under Sections 16-200 and 16-201, respectively, before the Personnel Board and the final decision and order of the Board with respect to such appeal constitutes a ruling in the employee's favor, the Board shall determine a full or partial reimbursement for any legal fees incurred by the employee or incurred by a collective bargaining agent or other third party provider of legal representation on behalf of an employee with respect to the appeal proceedings before the Board and shall issue a final order for the payment thereof by the County;

Where the employee takes an appeal of a final decision and order of the Personnel Board before the courts as a result of the initial taking of an appeal of an unresolved grievance or an adverse action, as the case may be, before the Board, and where the final court determination with respect to such appeal constitutes a ruling in the employee's favor, the Board shall determine a full or partial reimbursement for any legal fees and court costs incurred by the employee or incurred by a collective bargaining agent or other third party provider of legal representation on behalf of an employee with respect to the appeal proceedings before the courts, and with respect to any initial appeal proceedings before the Board with respect thereto, if not previously determined and awarded, and shall issue a final order for the payment thereof by the County;

Where the employee defends an appeal before the courts of a final decision and order of the Personnel Board which constituted a ruling in the employee's favor, the Board shall determine a full or partial reimbursement for any legal fees and court costs incurred by the employee or incurred by a collective bargaining agent or other third party provider of legal representation on behalf of an employee in defending the Board's final decision and order before the courts, whether or not said final court determination constitutes a ruling in the employee's favor, and shall issue a final order for the payment thereof by the County; or

Where a final decision and order of the Personnel Board constituting a ruling in the employee's favor is not effectuated by the County within the time period stipulated in such final order, or where such time period for compliance has been extended by the Board upon application by the County, and where such final order of the Board is not subject to further appeal, the Board shall determine a full or partial reimbursement for any legal fees and court costs incurred by the employee or incurred by a collective bargaining agent or other third party provider of legal representation on behalf of an employee in enforcing the Board's final order before the courts, and shall issue a final order for payment thereof by the County.

Develop and maintain training programs for the purpose of properly effectuating the promotional policies set forth in Section 16-152 with respect to career development and upward mobility for employees;

Provide employees with healthful and safe working environments and conditions; and,

Develop and maintain an incentive awards program for employees so as to properly recognize employee achievement and productivity.

To develop and conduct, on a continual basis, an appropriate orientation program for all employees upon initial appointment;

To develop and conduct, on a continual basis, centralized employee and management level training programs where such programs have common application to the training needs of a majority of departments, agencies, and offices;

To assist all appointing authorities and supervisors in the development of intradepartmental or intraoffice training programs designed to meet the special training needs of their departments, agencies and offices;

To develop and conduct a centralized employee counseling service designed to insure that all employees are aware of and are participating in, applicable intradepartmental and interdepartmental training programs; and

To provide guidance to employees on available tools and resources to further career growth and development.

To assist the Director of Human Resources Management in the development of the applicable components of each of the County's annual training plans;

To make all employees under their respective jurisdictions aware of all applicable training programs and to otherwise assist and facilitate said employee's participation in such programs; and

To recognize and utilize the increased skills and capabilities of employees under their respective jurisdictions developed as a result of participation in such training programs to the extent possible.

For any employee who is to be appointed to a position in a class of work which, due to the nature of the duties, tasks, and responsibilities of said class of work as stipulated in the applicable class specification, reasonably requires such employee to undergo a medical examination to insure that such employee, if appointed, will not constitute a danger to the employee, other employees, and/or members of the general public; and

For any employee seeking reappointment who has been previously separated from County service under the provisions of Section 16-189(c) or (d) respecting disabilities.

To do such acts as may be necessary to implement, maintain, and administer the plan;

To receive the amount of compensation deferred pursuant to Subsection (d), below, and to use such proceeds, in accordance with any investment election permitted the employee under the plan, to purchase a fixed or variable life insurance or annuity contract, or such other investment or savings options as may be permitted under the plan, or a combination of the same, all to be held by the superintending board, official, or entity. Each such fixed or variable life insurance and annuity contract shall be purchased from one (1) or more insurance companies licensed to write insurance in the State of Maryland; and,

To take such other and further actions as may be necessary to carry out the purposes of this Section.

An official personnel file shall be established and maintained by the Director of Human Resources Management for each former and current County employee. Each such employee personnel file shall contain all records and documents relating to employment from initial appointment through final termination of County employment. Consistent with the provisions of Section 16-197 and any other applicable law or regulation, the Director of Human Resources Management shall develop personnel procedures providing for the designation and maintenance of all employment records and documents in each employee personnel file as either temporary records or permanent records. Said personnel procedures shall further provide for the disposal of temporary records and the retention of permanent records.

The Director of Human Resources Management may, for the purpose of assisting a former or current employee in establishing credit or upon the inquiry of an employer of a former or current employee, verify any such employee's full name, date of employment, class, title and salary.

An employee's personnel file may be inspected by the following persons:

In any event where any person described in paragraph (d)(1), above, except for the employee in interest, has inspected any employee's personnel file, any such person shall, thereafter, maintain all information acquired as a result thereof in a confidential manner and shall not divulge or make available in any other manner any of said information to any person.

In any event where the employee in interest inspects said employee's own personnel file, as provided under paragraph (d)(1), above, said employee shall be entitled to file a signed statement for inclusion in said file where the employee finds that any information contained therein is inaccurate, incomplete, or not being maintained in accordance with applicable law if the employee is not otherwise able to have said information corrected under the supervision of the Director of Human Resources Management.

Any person, other than the employee in interest, a person authorized by the employee in interest, the Director of Human Resources Management, or a person acting on behalf of the Director of Human Resources Management, who requests to review a personnel file, except those made pursuant to subpoena as a result of a criminal case, or when an employee is subject to an administrative investigation pursuant to Section 16-193, must be accompanied by a release form signed by the employee whose file is the subject of the request. When a personnel file is reviewed pursuant to subpoena, the Director of Human Resources Management shall notify the employee of the review within five (5) business days after the subpoena allows disclosure. When a personnel file is reviewed as part of an administrative investigation pursuant to Section 16-193, the Director of Human Resources Management shall notify the employee of the review 90 days after the examination of the Appointing Authority or designee conducting an investigation. If any person, including the employee in interest, a person authorized by the employee in interest, the Director of Human Resources Management or appointing authority, or a person acting on behalf of the Director of Human Resources Management examines a personnel file, the date of examination, reason for examination, and identity of the person examining the file shall be recorded in one or more logs maintained by the Director of Human Resources Management. The entry into a personnel file by staff assigned to the Office of Human Resources Management whose job function requires regular access to such files for the purposes of routine filing of records and/or verifying or updating information is not required to be logged.

New Year's Day;

Martin Luther King's Birthday;

Presidential Inauguration Day;

Washington's Birthday;

Memorial Day;

Juneteenth Day;

Independence Day;

Labor Day;

Native American Day;

Veteran's Day;

Thanksgiving Day;

County Employees' Appreciation Day; and

Christmas Day.

Annual leave shall mean paid leave granted to employees for their personal use. Annual leave shall be requested by the employee and approved by the employee's appointing authority. To minimize the possibility of an employee losing earned annual leave, the appointing authority shall establish a mutually agreeable alternative leave period if the employee's original leave request has been denied by the appointing authority.

Annual leave for family and medical leave purposes as established in Section 16-225.01 shall be approved by an employee's appointing authority pursuant to Section 16-225.01.

The annual leave year for employees shall be the twelve (12) month period beginning on the first day of January and ending on the last day of December of the calendar year.

All full-time employees, as defined in Section 16-181(a), and except as set forth in subparagraph (c)(5), below, shall earn annual leave in accordance with the following schedule:

All part-time employees, as defined in Section 16-181(b), with the exception of those part-time employees allocated to the class of School Crossing Guard, and except as set forth in subparagraph (c)(5), below, shall earn annual leave during any pay period provided that any such employee shall have worked a minimum of forty (40) hours in such pay period in accordance with the following schedule:

A maximum of 360 hours of accumulated annual leave earned beginning with the first pay period in Fiscal Year 1996, or such other amount established in an approved Salary Plan may be carried over from one (1) leave year to the next by an employee.

An employee shall be allowed to carry over annual leave earned as of the last full pay period in Fiscal Year 1995, even if such accumulated amount is in excess of the maximum allowed in Subsection (d)(1), above.

Annual leave hours in excess of the maximum allowed to be carried over to the next leave year shall be converted to sick leave.

An annual leave day shall mean a day when an employee would otherwise be required to work and receive pay, including regular and special holidays, sick leave days, and other nonwork days.

Charges against an employee's annual leave account shall be in even increments of one-quarter (1/4) hour for periods of time the employee is absent on approved annual leave.

Annual leave may be used by an employee only as earned, except that advance leave may be granted to an employee up to a maximum of ten (10) working days of leave at the discretion of the employee's appointing authority; provided however, that the combined total advance of annual and sick leave in any one (1) leave year shall not exceed ten (10) working days. If an employee is terminated from County service with a minus leave balance, the employee shall be indebted to the County for the monetary value of the leave advance.

Pursuant to the provisions of Sections 16-193 and 16-194, an employee may be required to forfeit from one (1) to twenty (20) days of accrued annual leave as a disciplinary action.

Sick leave shall be granted to employees who are eligible to earn annual leave.

The leave year for sick leave shall be the same as the leave year for annual leave.

All full-time employees, as defined in Section 16-181(a), shall earn four and one-half (4 1/2) hours of sick leave each pay period with a periodic adjustment to insure that each such employee earns fifteen (15) days of sick leave per leave year.

All part-time employees, as defined in Section 16-181(b), with the exception of those part-time employees allocated to the class of School Crossing Guard, shall earn sick leave during any pay period, provided that any such employee shall have worked a minimum of forty (40) hours in such pay period, in accordance with the following schedule:

There shall be no limit on the amount of sick leave an eligible employee may accumulate in any leave year. Unused sick leave balances in any leave year shall be automatically carried forward to the next sick leave year and credited to an employee's sick leave account.

Subject to the provisions of Subsection (f), below, an employee shall be entitled to use earned sick leave for any one (1) of the following reasons:

An appointing authority shall examine each request for sick leave made by an employee and determine if the granting of sick leave is justified based on the provisions of Subsection (e), above. An appointing authority may require that an employee submit written evidence from a licensed physician, or other appropriate verification, to validate or support sick leave requests.

Whenever an appointing authority determines that an employee has a medical condition that may seriously impair the employee's ability to perform the duties and responsibilities of the employee's position or may jeopardize the health or safety of the employee, fellow employees or the general public, the appointing authority, after receiving a confirming medical opinion, may place the employee in a sick leave status pending corrective treatment or other resolution of the matter.

In the event that a sick leave request is not approved by an employee's appointing authority, any absence of the employee from work notwithstanding shall be charged against the employee's annual leave account or, in the alternative, charged as leave without pay.

Charges against an employee's sick leave account shall be in even increments of one-quarter (1/4) hour for periods of time the employee is absent on approved sick leave.

In the event that an employee's accrued sick leave is exhausted and the employee is absent from work for any one (1) of the reasons set forth in Subsection (e), above, the employee shall be advanced sick leave as needed up to an amount equal to the employee's accumulated annual leave unless the employee requests annual leave or authorized leave without pay. Annual leave so encumbered may not be subsequently used until such time as the employee has earned sufficient sick leave to offset any such advance.

An employee may be advanced sick leave, in addition to that provided in subparagraph (h)(1), above, up to a maximum of ten (10) working days, at the discretion of the employee's appointing authority; provided however, that the total advance of sick and annual leave in any one (1) leave year combined shall not exceed ten (10) working days.

Whenever an employee is separated or dismissed from County employment under any circumstances with an unliquidated advance of sick leave outstanding at the time of such separation or dismissal, the sick leave advance shall be satisfied as follows:

Sick leave shall be paid leave requested by the employee and approved by the employee's appointing authority to allow the employee or the employee's family member to prepare for, or participate in, any legal, judicial, administrative, or immigration proceeding involving the employee or employee's family member.

In this Subsection, employee is defined as County probationary, permanent, limited-term grant funded, full-time and part-time, exempt and non-exempt, personal services agreement, temporary/seasonal, and temporary/provisional employees.