Except as otherwise provided by law, an employee in the Judicial, Legislative, or Executive Branch of State government is governed by the laws and personnel policies and procedures applicable in that branch. A unit in the Executive Branch of State government may not petition or apply to the federal government for a waiver of any provision of the federal Fair Labor Standards Act that is applicable to the unit, even if the waiver is otherwise authorized under federal law.

The principal personnel system in the Executive Branch of State government is the State Personnel Management System. As expressly authorized by law, a unit in the Executive Branch of State government may establish a personnel system that operates independent of the State Personnel Management System.

Notwithstanding any other provision of law, and except as provided in subsection (c) of this section, this section applies to all employees in the Judicial, Legislative, and Executive branches of State government. This section does not apply to: a position in the Department of Public Safety and Correctional Services; a position for which an appointing authority has a statutory duty to conduct a criminal history records check; or a position in the office of the sheriff for any county. Except for a position in the State Personnel Management System for which the Secretary determines that the specific duties and responsibilities of the position would require the appointing authority to know an applicant’s criminal history, an appointing authority may not inquire into the criminal record or criminal history of an applicant for employment until the applicant has been provided an opportunity for an interview. This section does not prohibit an appointing authority from notifying an applicant for employment that certain prior criminal convictions may prohibit employment in some positions.

In this section the following words have the meanings indicated. “Commission” means the Commission on Civil Rights. “Sexual harassment” has the meaning stated in § 20–601 of the State Government Article. This section applies to all units in the Executive, Judicial, and Legislative branches of State government, including all units with independent personnel systems. For the University System of Maryland, this section applies to each constituent institution. Each State employee shall complete at least a cumulative 2 hours of in–person or virtual, interactive training on sexual harassment prevention within: 6 months after the employee’s initial appointment; and every 2–year period thereafter. The training required under paragraph (1) of this subsection shall include: information on the federal and State laws concerning the prohibition of sexual harassment; best practices in prevention and correction of sexual harassment, abusive conduct, and retaliation; remedies and procedures available to victims of sexual harassment in employment; and additional training for supervisors regarding information on: properly responding to complaints of sexual harassment and preventing further abuse and retaliation; and creating and maintaining a workplace culture in which sexual harassment is not tolerated. This paragraph applies only to: a unit of the University System of Maryland; Morgan State University; and St. Mary’s College of Maryland. The training required under paragraph (1) of this subsection may consist of webinar, computer–based, or online training. If the training required under paragraph (1) of this subsection consists of webinar, computer–based, or online training, the training also shall include an evaluative component that: ensures employee engagement in the training; and assesses employee comprehension of training objectives. Each unit shall designate a representative to coordinate with the Commission to implement the training State employees are required to complete under subsection (c) of this section. A unit may incorporate the training into existing employment training for new employees and supervisors. The Commission shall train each representative designated under paragraph (1) of this subsection in: the prevention of sexual harassment, discrimination, and retaliation; and best practices in sexual harassment prevention. The representatives designated under paragraph (1) of this subsection are encouraged to use Equal Employment Opportunity Commission materials to prevent sexual harassment in the workplace. If determined to be necessary by the appointing authority, a unit may require an employee to retake any part or all of the training, or to participate in additional classes or training. For a unit in the Executive Branch of State government, the Equal Employment Opportunity Coordinator established under § 5–206 of this article: shall enforce the requirements of this section; and may recommend to the Legislative Auditor, the Joint Audit and Evaluation Committee, or the Executive Director of the Department of Legislative Services that the Office of Legislative Audits conduct a performance audit or review of a unit if the Equal Employment Opportunity Coordinator determines that the unit has not complied with this section. Unless the acts or omissions of an employee who completed the training required under subsection (c) of this section are willful, wanton, or grossly negligent, a person may not bring an action against the State for any act or omission resulting from: any training or lack of training of a State employee; or the implementation of the training required under subsection (c) of this section. The training required in this section is a minimum requirement and may not be construed to discourage or relieve any unit from providing a longer, more frequent, or more informative training on workplace sexual harassment prevention. The Commission shall adopt regulations to implement this section.

This section applies to an appointing authority for a position in the Executive Branch of State government, except a position in the State Personnel Management System. An appointing authority subject to this section shall develop a hiring preference for individuals with disabilities, as defined by the federal Americans with Disabilities Act, that is equivalent to the credit applied on a selection test under § 7–207(g) of this article.

This section applies to an appointing authority for a position that is: in a unit in the Executive Branch of State government with an independent personnel system; and comparable to a position in the skilled service or the professional service in the State Personnel Management System. An appointing authority subject to this section shall develop a selection process for disabled veterans described in § 7–203(b)(1) of this article that is comparable to the selection process for disabled veterans established under § 7–203(b) of this article.

In this section, “chief financial officer” means: the highest ranking executive who, for a period of at least 6 months, is responsible for directing all financial operations, including: budgeting; accounting; procurement; grant management; establishing fiscal policies; ensuring compliance with State and federal regulations; and providing strategic financial leadership to agency leadership; or a position with equivalent duties. Except as provided under paragraph (2) of this subsection, this section applies to a unit of the Executive Branch of State government that: receives at least $1,750,000,000 annually in State and federal funding; and employs a chief financial officer. This section does not apply to the University System of Maryland. Notwithstanding any other provision of law, the Secretary may set the pay scale for chief financial officer positions in order to assist with recruitment and retention. An appointing authority subject to this section shall make an appointment of a chief financial officer who meets the qualifications in subsection (e) of this section. The Secretary shall establish minimum qualifications for chief financial officer positions that consider: education; executive experience and the duration of that experience; supervisory or managerial experience; technical competence; certifications; scope and complexity of the role; and alignment with the government or industry standards. On or before November 1, 2026, the Department shall adopt regulations to establish minimum qualifications for chief financial officer positions. For preparation of the Annual Comprehensive Financial Report required under § 2–102 of the State Finance and Procurement Article, a chief financial officer of a unit of State government subject to this section shall provide to the Office of the Comptroller at the close of the fiscal year: all necessary entries of the unit’s financial information; the information necessary to prepare the schedule of expenditures of federal awards in accordance with applicable federal laws and regulations; and a letter attesting to the accuracy and completeness of the information provided in items (1) and (2) of this subsection.

In this section, “chief information officer” means: an individual acting as the senior executive officer responsible for the strategic planning, management, and oversight of an agency’s information technology and computer systems and supporting its mission and goals, including through: procurement; compliance with State and federal regulations; and providing information technology leadership to agency leadership; or a position with equivalent duties. Except as provided under paragraph (2) of this subsection, this section applies to a unit of the Executive Branch of State government that employs a chief information officer. This section does not apply to the University System of Maryland. Notwithstanding any other provision of law, the Secretary may set the pay scale for chief information officer positions in order to assist with recruitment and retention.