# State Personnel and Pensions (GSP)

## Title 4. Personnel Management

### Subtitle 1. General Provisions

#### Section 4-103

(a) The Secretary shall carry out those provisions of this Division I that are subject to the authority of the Secretary.

(b) The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department. The Secretary may establish, reorganize, or abolish areas of responsibility in the Department as necessary to fulfill effectively the duties assigned to the Secretary.

(c) The Secretary is responsible for establishing policy to be followed by the units in the Department.

#### Section 4-106

(a) To carry out those provisions of this Division I that are subject to the authority of the Secretary, the Secretary may adopt regulations, guidelines, or policies.

(b) After consultation with the Office of Administrative Hearings, the Secretary shall adopt regulations governing peer review panels, that include procedures for a principal unit to establish peer review panels as an alternative mechanism for dispute resolution under Titles 11 and 12 of this article.

#### Section 4-107

For efficiency and economy in State government, the Secretary shall:

(1) conduct reviews of positions in the State Personnel Management System; and

(2) recommend to the appointing authority a plan of reorganization, reassignment, or elimination of the positions reviewed.

#### Section 4-108

(a) As to matters subject to the authority of the Secretary, the Secretary periodically shall conduct investigations and, as necessary, visits to various units to determine:

  (1) the enforcement and effect of this Division I and the regulations adopted under it;

  (2) the conduct of employees in the State Personnel Management System;

  (3) the nature, tenure, and compensation of all positions in the State Personnel Management System;

  (4) the appropriateness of position classifications by appointing authorities;

  (5) whether the duties performed by an employee conform to the duties listed for that employee's class;

  (6) the methods of administration of the State Personnel Management System; and

  (7) any other information that might help the Secretary to administer this Division I.

(b) In conducting an investigation under this section, the Secretary may require any employee in the State Personnel Management System to appear before the Secretary or the Secretary's designee and give evidence.

#### Section 4-109

(a) As part of any investigation or hearing under this Division I, the Secretary or the person that the Secretary designates to conduct the investigation or hearing may administer oaths, take testimony and other evidence, and subpoena any person or any relevant document.

(b) If a person fails to comply with a subpoena or refuses to be sworn or to testify, then, on complaint of the Secretary, a circuit court may order the person to comply with the subpoena, to be sworn, or to testify.

### Subtitle 2. Classes and Position Classifications

#### Section 4-201

(a) This section does not apply to those units of State government with an independent personnel system.

(b) In the State Personnel Management System the Secretary shall:

  (1) establish classes;

  (2) assign a rate of pay to each class;

  (3) ensure that each class comprises one or more positions:

    (i) that are similar in their duties and responsibilities;

    (ii) that are similar in the general qualifications required to perform those duties and responsibilities;

    (iii) to which the same standards and, if required, tests of fitness can be applied; and

    (iv) to which the same rates of pay can be applied;

  (4) give each class a descriptive classification title;

  (5) prepare a description of each class; and

  (6)

    (i) create additional classes; and

    (ii) abolish, combine, or modify existing classes.

(c) The Secretary shall:

  (1) assign a class to the skilled service, professional service, management service, or executive service, as appropriate; and

  (2) designate special appointment positions in the State Personnel Management System that:

    (i) must be filled without regard to political affiliation, belief, or opinion; or

    (ii) in accordance with Sec. 6-405(b) of this article, may be filled with regard to political affiliation, belief, or opinion.

#### Section 4-202

The Secretary shall:

(1) classify skilled service positions, professional service positions, management service positions, and executive service positions;

(2) establish standards and general procedures to be used to classify positions in the skilled service, professional service, management service, and executive service; and

(3) provide advice and guidance on the use of those standards and procedures.

#### Section 4-203

(a)

  (1) The Secretary may delegate authority to the head of a principal unit to classify positions for the principal unit in accordance with standards and procedures established by the Secretary in accordance with Sec. 4-202(2) of this subtitle.

  (2) If the Secretary delegates classification authority to the head of a principal unit under paragraph (1) of this subsection, the head of the principal unit shall:

    (i) submit for the Secretary's approval a position classification plan for classifying positions in the principal unit that are in the skilled service, professional service, and management service; and

    (ii) classify skilled service positions, professional service positions, and management service positions in the principal unit in accordance with the approved classification plan.

(b)

  (1) Each employee in a position shall assume the classification title given the class to which that position belongs.

  (2) The Secretary, the Comptroller, and the Treasurer shall use these classification titles in all relevant records and communications.

(c) To ensure that positions in the State Personnel Management System are classified properly, the Secretary:

  (1) shall conduct position classification audits at least once every 3 years for any classification activity performed in accordance with subsection (a)(2) of this section; and

  (2) may conduct operational audits of classification practices and records in principal units at least once every 3 years.

#### Section 4-204

(a) The Secretary may:

  (1) classify positions in a unit when, in the Secretary's judgment, it is necessary to preserve the integrity of the classification system; and

  (2) order the head of a principal unit to:

    (i) take appropriate action to properly classify a position or take other appropriate action to comply with a position classification audit; or

    (ii) modify the unit's classification practices to comply with the findings of an operational audit.

(b)

  (1) The Secretary shall determine the effective dates for newly created or modified classes, position classification plans, and classification standards and procedures.

  (2) The Secretary shall adopt regulations to provide for effective dates of position reclassifications.

#### Section 4-205

If there is a material change in the duties of a position, the Secretary shall abolish the position and create a new position in its place.

### Subtitle 3. Reports and Assistance

#### Section 4-301

On or before October 15 of each year, each unit of the Executive Branch of State government shall submit to the Secretary the information that the Secretary requires on the processing and disposition during the preceding fiscal year of each:

(1) denial of a pay increase;

(2) disciplinary suspension;

(3) grievance;

(4) involuntary demotion;

(5) rejection on probation; and

(6) attendance incentive award and conversion made pursuant to Title 9, Subtitle 12 of this article.

#### Section 4-302

(a) This section does not apply to the University System of Maryland.

(b) The Secretary shall submit to the Governor and, subject to Sec. 2-1257 of the State Government Article, to the General Assembly an annual report covering all units of the Executive Branch of State government, including a unit with an independent personnel system, for each fiscal year that:

  (1) provides information about:

    (i) employee performance and efficiency;

    (ii) use of leave by State employees;

    (iii) incentive awards;

    (iv) whistleblower proceedings;

    (v) each denial of a pay increase, each disciplinary suspension, each grievance, each involuntary demotion, and each rejection on probation; and

    (vi) a summary of the equal employment opportunity report required under Sec. 5-204 of this article, including hiring, firing, promotions, terminations, and rejections on probation, by race, sex, and age;

  (2) provides statistics and rankings that compare minority group State employees to all State employees in all job categories;

  (3) provides information about part-time work and, in the Secretary's discretion, alternate work schedules, work days, and work locations;

  (4) provides information on the total number of positions designated as special appointments, including special appointments designated with regard to political affiliation, belief, or opinion; and

  (5) makes any recommendations about conditions in State employment that the Secretary considers advisable.

(c) The report required by this section shall be submitted on or before January 1 following the fiscal year to which it applies.

#### Section 4-303

(a) On the request of a unit of State government, the Secretary, consistent with available resources, shall offer assistance to the unit in personnel and employee relations matters.

(b)

  (1) On request to the Secretary, the Department, consistent with available resources, shall assist any county or municipal corporation of the State that adopts a merit system for its employees, so that merit systems may be administered throughout the State without unnecessary expense.

  (2) The Department shall assist the county or municipal corporation making the request by:

    (i) helping to test candidates for positions;

    (ii) helping to prepare regulations; and

    (iii) making available the full use of the facilities of the Department.

  (3)

    (i) Except as provided in subparagraph (ii) of this paragraph, the Department shall provide the assistance required by this subsection without charge.

    (ii) A county or municipal corporation shall reimburse the Department for travel and other expenses that the Department incurs because of the use of departmental facilities by that county or municipal corporation.

#### Section 4-304

(a) On request of the Secretary, all employees and officers of the State shall assist the Department in all proper ways in carrying out this Division I and the regulations, guidelines, and policies adopted under it. This assistance shall be provided as a public duty and without extra compensation.

(b) On request of the Secretary, all employees and officers of the State or of a county or municipal corporation of the State shall:

  (1) allow the Department reasonable use of public buildings for tests or investigations under this Division I;

  (2) provide heat and light for the public buildings used by the Department under this subsection; and

  (3) in all other proper ways, facilitate the work of the Department.

### Subtitle 4. Hearings and Final Decisions

#### Section 4-401

The Office of Administrative Hearings shall dispose of a case or conduct a hearing and issue a final decision in:

(1) a Whistleblower Law hearing under Sec. 5-310 of this article;

(2) an appeal under Title 11 of this article of a disciplinary action;

(3) a grievance under Sec. 12-205 of this article;

(4) an appeal under Sec. 18-121 of the Public Utilities Article for the suspension of an employee of the Washington Suburban Sanitary Commission; and

(5) an appeal under Sec. 18-123 of the Public Utilities Article for the removal of an employee of the Washington Suburban Sanitary Commission.

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Md. Code Ann., State Pers. & Pens. (as displayed at mgaleg.maryland.gov, October 16, 2026)