If there are inconsistencies between this article and the State Personnel and Pensions Article, this article controls as to any matter that relates to the Department.
Except as expressly provided in this article, the State Personnel and Pensions Article does not apply to or affect the compensation, rank, grade, or status of police employees.
Except as expressly provided in this article, the compensation, civilian classification, and status of civilian employees shall be determined in accordance with the State Personnel and Pensions Article.
In accordance with the State budget, the Secretary shall appoint the employees that the Secretary considers necessary for the efficient administration of the Department.
The Secretary shall make each appointment from a list of eligible candidates in accordance with the State Personnel and Pensions Article.
Each appointee to the Department shall:
be a resident of the State on the date of appointment; and
have the character, education, and other qualifications established by the Secretary under this title.
When the Department advertises for or recruits new employees, the Department shall include advertising that is targeted toward racial and ethnic communities or other individuals that are underrepresented in the Department workforce, including advertising in newspapers or on radio stations whose primary audience is the underrepresented communities and individuals.
Each police employee, including an individual who is appointed to the Department for training before regular assignment as a police employee, shall remain in probationary status for a period of 2 years after the date of appointment to the Department.
Each civilian employee shall remain in probationary status for the period required under Title 7, Subtitle 4 of the State Personnel and Pensions Article.
Each deputy State fire marshal, including an individual who is appointed to the Office of the State Fire Marshal for training before regular assignment as a deputy State fire marshal, shall remain in probationary status for a period of 2 years after the date of appointment to the Office of the State Fire Marshal.
In this section, “obsolete rank” means a rank designated by the Secretary to which no further promotions will be made.
The Secretary shall make all promotions.
Promotion to a rank, except deputy secretary, shall be made in the manner required by rule.
For a noncommissioned rank that has fewer than 25 police employees, the Secretary by rule may direct that it is unnecessary to fill the noncommissioned rank for purposes of promotion.
This paragraph does not apply to a rank that requires technical knowledge.
Except as provided in subsection (d) of this section, a police employee may not be appointed or promoted to a rank unless the police employee:
is bypassing an obsolete rank and currently fills the rank immediately below the obsolete rank; or
has filled the rank immediately below the rank to which the police employee is to be promoted.
Notwithstanding any other provision of law, the Secretary may appoint without examination:
a police employee who holds a commissioned rank to the rank of Major; and
a police employee who holds a commissioned rank of not less than Captain to the rank of Lieutenant Colonel.
A police employee appointed in accordance with this subsection continues to serve at the pleasure of the Secretary.
Notwithstanding any other provision of law, on termination of an appointment under this subsection, the police employee may:
return to the rank held before the appointment; or
be promoted to a higher rank to which the police employee became eligible for promotion during the appointment.
An incumbent police employee in an obsolete rank remains in that rank until promoted, demoted, retired, or terminated.
Promotions of civilian employees shall be made in accordance with the State Personnel and Pensions Article.
The Secretary shall develop a pay plan for police employees, State Police communications operators, and State Police communications supervisors that includes the ranks and the grades within ranks that the Secretary considers appropriate.
The pay plan under this subsection:
is subject to approval by the Secretary of Budget and Management; and
is effective on approval by the Governor only to the extent that sufficient money is included in the State budget.
Each police employee, State Police communications operator, and State Police communications supervisor is entitled to receive the pay rate, including any increment based on length of service, set forth in the pay plan established under subsection (a) of this section.
Each police employee is entitled to the pay rate for the next highest step within the police employee’s rank on:
each July 1, if the police employee was a police employee on July 1, 1967; or
each anniversary of the date of employment, for all other police employees.
On promotion a police employee or a deputy State fire marshal is entitled to the pay specified for the new rank in the same step that the police employee or deputy State fire marshal occupied before promotion.
The Secretary may approve vouchers in payment of expenses incurred by employees in the discharge of their duties, including expenses for lodging and subsistence while an employee is away from the facility to which the employee is regularly assigned.
The vouchers shall be:
audited and paid in accordance with the State budget in the manner required by law; and
submitted in a manner consistent with the practices required by the Comptroller’s office.
Lodging and subsistence provided to employees at facilities of the Department:
are not expenses within the meaning of this section; and
may be provided by the Department in accordance with the State budget and rule of the Secretary.
In a civil or criminal case, other than a disciplinary proceeding or an appeal from a disciplinary proceeding, when a police employee is charged with the commission of a wrong as the result of an act done in the course of the police employee’s official duties, the Secretary may pay any part of the legal expenses of the police employee if:
the Secretary determines that payment is in the best interests of the Department, the public, and the police employee; and
the Attorney General approves the payment.
Payment of legal expenses under this subsection may be made in accordance with the State budget or from general or contingency funds of the Department.
The Department shall provide uniforms and equipment necessary for the performance of the duties of employees in accordance with the State budget.
Uniforms and equipment shall be purchased by the Department in accordance with Division II of the State Finance and Procurement Article and remain the property of the State.
Subject to paragraph (2) of this subsection, the Secretary may grant permission to off-duty police employees to use police vehicles during off-duty hours if, in the opinion of the Secretary, the vehicles will not be needed by on-duty police employees.
Only the police employees to whom permission has been granted to use the police vehicles may operate the police vehicles.
Except as allowed by this article, Title 9 or Title 10 of the Labor and Employment Article, or rule, an employee of the Department may not receive money or any other thing of value for services performed by the employee as an employee of the Department or otherwise resulting from employment by the Department.
When an employee is allowed by the Secretary to accept money or any other thing of value, the money or other thing of value shall be delivered to the Department and disposed of as provided by rule.
There is a Sick Leave Reserve.
The Secretary shall administer the Sick Leave Reserve.
The Secretary shall adopt rules and regulations about the eligibility of police employees to withdraw sick leave from the Sick Leave Reserve including:
a requirement that the police employee have a long–term illness and be unable to work; and
the length of time for which a police employee may receive sick leave.
With the approval of the Secretary, a police employee may donate up to 2 days of sick leave each year to the Sick Leave Reserve.
The Secretary may transfer days of sick leave that have been accumulated in the Sick Leave Reserve to a police employee who:
has a documented medical disability; and
has exhausted all forms of leave.
The Secretary may not transfer sick leave under this section to a police employee who has been granted disability retirement by the board of trustees of the State retirement systems for use after the first date on which disability retirement may become effective.
The Secretary may grant work-related administrative leave to a police employee who is temporarily disabled in the performance of the police employee’s work if the disability resulted from an injury or illness sustained in the performance of the police employee’s work.
The work-related administrative leave remains in effect until the police employee is returned to duty or is retired because of the injury or illness from which the disability resulted.
However, the work-related administrative leave may not:
exceed 2 years; and
extend beyond the second anniversary of the date of the injury or illness.
Payment to a police employee on work-related administrative leave is based on two-thirds of the police employee’s regular pay.
Payment for work-related administrative leave is a separate benefit on account of accidental disability and is not a continuation of salary.
Notwithstanding the reduced rate at which a police employee is paid while on work-related administrative leave, the police employee:
continues seniority and leave accruals based on the police employee’s regular pay; and
does not lose health care benefits with the subsidy allowed in Title 2, Subtitle 5 of the State Personnel and Pensions Article solely because the police employee is on work-related administrative leave.
A police employee may not receive temporary total disability benefits under the Maryland Workers’ Compensation Act while the police employee is receiving payment under this section.
If authorized by the Secretary:
a police employee may work an alternative workday; or
a 40–hour civilian employee may work an alternative workday of not more than 12 hours instead of an 8–hour workday.
Employees who participate in the alternative modified workday program are entitled to compensation in accordance with § 8-305 of the State Personnel and Pensions Article.
Personal leave for these employees shall be based on an 8-hour workday.
In this section the following words have the meanings indicated.
“Emergency” means a sudden or unexpected happening or an unforeseen combination of circumstances that calls for immediate action to protect health, safety, welfare, or property from actual or threatened harm or from an unlawful act.
“Municipal corporation” includes Baltimore City.
Police employees have throughout the State the same powers, privileges, immunities, and defenses as sheriffs, constables, police officers, and other peace officers possessed at common law and may now or in the future exercise within their respective jurisdictions.
A police employee may execute an arrest warrant in any part of the State without further endorsement.
Police employees may not act within the limits of a municipal corporation that maintains a police force except:
when in pursuit of a criminal or suspect;
when in search of a criminal or suspect wanted for a crime committed outside of the limits of the municipal corporation or when interviewing or seeking to interview a witness or supposed witness to the crime;
when a crime is committed in the presence of the police employee, and the arrested party must be immediately transferred to the custody of the local law enforcement agency;
when requested to act by the chief executive officer or chief police officer of the municipal corporation;
when ordered by the Governor to act within the municipal corporation;
when enforcing the motor vehicle laws of the State, except in Baltimore City;
in Baltimore City, only when enforcing Title 23 of the Transportation Article or if acting in accordance with a memorandum of understanding described in § 4–1501 of this article;
in any building or place when ordered by either the President of the Senate or the Speaker of the House of Delegates to guard the safety of legislators or the integrity of the legislative process;
to protect the safety of an elected State official;
in the municipal corporations of Somerset County;
when conducting investigations relating to or otherwise enforcing §§ 3–324, 3–804, 3–805, 3–902, 3–1102, 3–1103, 7–302, 11–207, 11–208, 11–303, 11–304, 11–305, 11–306, and 11–307 of the Criminal Law Article;
when participating in a joint investigation with officials from another State, federal, or local law enforcement agency at least one of which has local jurisdiction;
when rendering assistance to a police officer;
when acting at the request of a local police officer; or
when an emergency exists; and
when acting in accordance with regulations adopted by the Secretary to implement this item; or
when conducting an investigation under § 9–602.1 of the Correctional Services Article.
A police employee may not be placed on detached service and act for a federal department, agency, or committee outside of the State without the written approval of the Governor or as otherwise provided by law.
A police employee may not be demoted or otherwise affected in rank, pay, or status except for cause.
Employment of an employee of the Department ends on the death, retirement, resignation, or termination of the employee.
Retirement shall occur in accordance with the State Personnel and Pensions Article.
Except for the Secretary, retirement is mandatory as provided in § 24-401(c) of the State Personnel and Pensions Article.
The Secretary may apply for disability retirement on behalf of a police employee in accordance with § 29-103 of the State Personnel and Pensions Article.
This subsection does not prevent a police employee from exercising the individual’s rights under § 21-111 of the State Personnel and Pensions Article.
Notwithstanding any other provision of law, a police employee, on retirement in good standing, may keep or acquire the handgun issued by the State to that police employee if:
the police employee reimburses the Department for the replacement value of the handgun; and
the Secretary authorizes the transaction.
The Secretary shall adopt regulations necessary to carry out this subsection.
Resignation of an employee is not valid until accepted by the Secretary, but the Secretary may not withhold acceptance unless proceedings for termination are contemplated or pending.
An employee, other than an employee in probationary status, may be terminated from employment only in accordance with the State Personnel and Pensions Article.
The Secretary may terminate the employment of an employee in probationary status for any reason that the Secretary considers sufficient.
Except as otherwise provided in paragraphs (2) and (3) of this subsection, a police employee who resigns from the Department for any reason may not be reappointed.
A police employee who resigns to enter the uniformed services may be reappointed.
By rule, the Secretary may reappoint a police employee who resigned in good standing if the individual meets the requirements then applicable for initial appointment.
An individual may not be reappointed to a rank higher than the rank that the individual previously held as a police employee.
An employee who is terminated from the Department may not be reappointed.