In this subtitle, “Secretary” means the Secretary of Budget and Management.

This subtitle does not prohibit the Commission from employing consulting or outside engineering services that the Commission considers necessary.

Except as otherwise provided by law, the provisions of the State Personnel and Pensions Article that govern skilled service and professional service employees do not apply to the Commission.

The Commission: may employ personnel and make expenditures necessary to carry out the purposes of this subtitle; and shall reimburse the State for any reasonable cost incurred by the Department of Budget and Management in carrying out the functions under this subtitle.

The Commission may adopt regulations to carry out this subtitle.

The Commission shall organize its employees in a manner that promotes the efficient disposition of all matters within the Commission’s jurisdiction. To carry out this division, the Commission may: organize its employees into departments or other divisional organizations; establish the functions, duties, and responsibilities of the general manager, secretary, treasurer, chief engineer, general counsel, inspector general, and other employees the Commission considers necessary; and appoint, discharge, and set the compensation of its employees in accordance with this subtitle.

The Commission may establish a merit system that includes all of its employees except: the general manager, secretary, treasurer, and chief engineer; the head of a department; the inspector general; and any temporary employee of the Office of the Inspector General appointed under § 17–603 of this article; and a part time, temporary, or contract employee. The Commission may: appoint or promote a merit system employee to the position of general manager, department head, or inspector general or designate a merit system employee as the general manager, department head, or inspector general on an acting basis; retain the employee in the merit system in the position or grade from which the employee was appointed or promoted; and continue to exclude the positions of general manager, department head, and inspector general from the merit system.

The Commission shall establish a list of each position to be included under the merit system and its corresponding salary. The Commission may: establish additional position classifications; and combine, alter, or abolish existing position classifications and their corresponding salaries.

In this section the following words have the meanings indicated. “Active service member” has the meaning stated in § 9–901 of the State Government Article. “Eligible veteran” means a veteran who has received an other than dishonorable discharge or a certificate of satisfactory completion of service, including: a reserve component; the Commissioned Corps of the Public Health Service; and the Commissioned Corps of the National Oceanic and Atmospheric Administration. “Reserve component” has the meaning stated in § 9–901 of the State Government Article. “Veteran” has the meaning stated in § 9–901 of the State Government Article. The Commission may grant a preference in hiring and promotion to: an eligible veteran; the spouse of an eligible veteran who has a service–connected disability; the spouse of an active service member; or the surviving spouse of a deceased eligible veteran. Granting a preference under subsection (b) of this section does not violate any State or local equal employment opportunity law.

Unless otherwise provided by law, the Commission may not approve or pay any compensation for services unless the individual to whom the compensation is paid is an employee.

Each merit system employee is entitled to the number of days of annual leave with pay that the Commission specifies by regulation. The number of days of annual leave with pay specified by a regulation adopted under this section shall be: at least 10 days but not more than 30 days in a calendar year; and generally consistent with the annual leave schedules provided by other governmental agencies in the area of the sanitary district.

In addition to annual leave, each merit system employee is entitled to up to 15 days of sick leave with pay in a calendar year. An employee may use sick leave at any time. An employee who uses 3 or more consecutive days of sick leave must present a certificate from a licensed physician before the employee may receive payment for the period of absence. An employee may accumulate unused sick leave up to 60 days or more as the Commission specifies by regulation. The Commission, by regulation, may provide for granting a leave of absence for a longer period, with full or partial pay, to an employee who is disabled through an injury or illness resulting or arising from the employee’s employment with the Commission.

The Commission, by regulation, may provide for the designation by a merit system employee of the individual to whom the employee’s final salary payment, and any payment due for unused annual leave, should be made on the death of the employee. The designation of the beneficiary shall be: in writing; and on file with the Commission before the death of the employee. The writing need not be in testamentary form. The designation and payment are not testamentary dispositions. The Commission may make the payments described in subsection (a) of this section directly to the beneficiary designated by the employee.

The Commission may establish a pension or retirement plan for its employees. The Commission may: contract with an insurance company for a group, annuity, retirement, or pension plan; and contribute to the plan as the Commission considers equitable or as required by contract. The Commission’s contribution under paragraph (1)(ii) of this subsection shall be charged as expenses of the several functions of the Commission in the same proportion that the receipts of the respective functions bear to the total receipts of the Commission.

The Commission may transfer an employee from one department to another. A transfer may not result in a diminution of an employee’s salary unless: the employee agrees to the reduced salary; or the Secretary concurs in the reduction.

An employee may be separated from the merit system: temporarily through suspension, layoff, or leave of absence; or permanently through removal or resignation.

The Commission may suspend an employee for disciplinary purposes for up to 30 days. Each suspension shall be without pay. An employee may not be suspended for disciplinary purposes for more than 30 days in a calendar year. An employee who is suspended for disciplinary purposes may appeal to the Office of Administrative Hearings in accordance with § 4–401 of the State Personnel and Pensions Article.

An employee who is laid off because a position has been abolished, discontinued, or vacated because of a change in departmental organization or because of a stoppage or lack of work shall be placed on the eligible list for the classification of position from which the employee is laid off. If a vacancy occurs in the employee’s merit system position, the employee shall be reemployed in preference to any eligible individual who is not an employee of the Commission.

An employee may not be permanently removed except for cause and after an opportunity to be heard. An employee who is permanently removed may appeal to the Office of Administrative Hearings in accordance with § 4–401 of the State Personnel and Pensions Article. An employee may not be permanently removed from the merit system because of religious or political opinions or affiliations.

The Commission, by regulation, shall establish what constitutes a resignation. A regulation adopted under subsection (a) of this section is subject to the approval of the Secretary.

On or before October 1, 2010, the Commission shall adopt regulations that establish comprehensive Commission employee whistleblower protections. The regulations adopted under subsection (a) of this section shall: be similar to the provisions of Title 5, Subtitle 3 of the State Personnel and Pensions Article; prohibit a manager or supervisor from taking or refusing to take a personnel action as a reprisal against an employee who: discloses information that the employee reasonably believes evidences: an abuse of authority, gross mismanagement, or gross waste of money; a substantial and specific danger to public health or safety; or a violation of law; or following a disclosure under item (i) of this item, seeks a remedy provided by regulation or any other law; require the Commission to provide the employees of the Commission with written notice of the protections and remedies provided by the regulations; set up a procedure by which an employee who seeks relief for a violation of the regulations may file a complaint or a grievance; establish a system for investigating complaints and grievances; and set forth remedial actions that may be taken by the Commission if a violation of the regulations is found to have occurred.

A person may not impersonate another in an examination held under this subtitle. A person may not willfully or corruptly falsify a score or report on an examination held under this subtitle. A person, acting alone or in cooperation with another, may not: willfully or corruptly deceive an individual about the right to take an examination held under this subtitle; willfully or corruptly interfere with the right of an individual to take an examination held under this subtitle; falsify, or assist another to falsify, a score, grade, estimate, or report on the examination or standing of an individual examined under this subtitle; or give to an individual any special information in order to improve or harm the individual’s rating for appointment or employment. Notwithstanding paragraph (1)(iv) of this subsection, a person may answer any inquiry from the Secretary. A candidate for employment may not deceive the Commission or the Secretary in order to improve the candidate’s chances for appointment. A candidate for appointment to a merit system position may not sign a resignation from that position in advance of the appointment. A resignation signed in violation of paragraph (1) of this subsection is void and of no effect.