In this subtitle, “board” means the merit system board of the Commission.
The Commission shall implement a merit system adopted under this subtitle.
The merit system includes each employee of the Commission, except:
the commissioners;
the executive director, secretary–treasurer, and general counsel appointed by the Commission under § 15–109 of this article;
the Inspector General; and
any temporary term employee of the Office of the Inspector General appointed under § 15–503 of this article;
a part–time or temporary employee under Subtitle 2 or Subtitle 5 of this title;
in Montgomery County, each position excluded under § 20–204(b) of this article; and
in Prince George’s County:
the deputy chief of park police as provided in § 17–305 of this article; and
each director and deputy director as provided in § 20–204(c) of this article.
There is a merit system board of the Commission.
The board consists of three members appointed by the Commission.
Nothing contained in this subtitle requires that an appointment be made for the purpose of rotating majority membership on the board between residents of Montgomery County and Prince George’s County.
The Commission may reappoint a member of the board.
Each member of the board:
shall be a resident of the regional district;
shall be knowledgeable and experienced in personnel matters; and
may not be a member or employee of the Commission or the executive director, secretary–treasurer, or general counsel appointed by the Commission under § 15–109 of this article.
Not more than two members of the board may reside in the same county.
Each member of the board shall be appointed for a term of 4 years and continue to serve until the member’s successor is appointed.
The Commission shall fill each vacancy on the board in the same manner as an original appointment.
The Commission shall designate one member of the board to serve as the chair at the pleasure of the Commission.
The Commission shall set the compensation of the members of the board as authorized by the Commission’s budget for each fiscal year.
After proper notice and due consideration, the Commission may remove a member of the board for misfeasance, malfeasance, or nonfeasance in office.
The board shall:
prepare and recommend a compensation plan, a classification plan, and comprehensive regulations governing operation of the merit system; and
submit its recommendations to the Commission for adoption.
The Commission may adopt, disapprove, or modify a recommendation of the board.
If the Commission does not act on a recommendation of the board within 90 days after the date of filing of the recommendation with the Commission, the recommendation is deemed approved.
A recommendation by the board for an amendment to an adopted compensation plan, classification plan, or regulation is subject to subsection (b) of this section.
The Commission may make available to the board its records, facilities, and staff and consultants necessary to carry out the duties of the board.
If the board determines that the testimony of a witness is appropriate for the proper consideration of a case before the board, the board may issue a subpoena to the witness to appear at a proceeding the board conducts in accordance with this subtitle.
If a person fails to comply with a subpoena issued under this section, the board may petition a court of competent jurisdiction to compel compliance with the subpoena.