Chapter 01. Definitions and General Provisions
Regulation .01 Definitions.LinkCopy Citation
A.
In this subtitle, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Appointment” means filling a position with a qualified candidate and does not include a reassignment.
(2)
“Career Reinvestment Program” means the program created by the Office of Personnel Services and Benefits to facilitate the movement of laid-off or separated employees and employees with disabilities into other skill areas.
(3)
“Compensatory time”, depending on the context in which it is used, means one of the following:
(a)
Paid time off from work which is earned by an executive, administrative, or professional employee in accordance with State Personnel and Pensions Article, §8-309, Annotated Code of Maryland, COMAR 17.04.11.02D(1), and guidelines of the Secretary;
(b)
Time earned by an employee for working on a holiday or for the purpose of attending a religious observance in accordance with State Personnel and Pensions Article, §§9-203, 9-802, and 9-803, Annotated Code of Maryland, and guidelines of the Secretary; or
(c)
Paid time off the job which is earned by an employee instead of monetary payment for overtime worked in accordance with State Personnel and Pensions Article, §8-307, Annotated Code of Maryland, and guidelines of the Secretary.
(4)
“Demotion” means a change from one class to another class with a lower maximum rate of compensation.
(5)
“Principal unit” means a principal department or other principal independent unit of State government.
(6)
“Promotion” means a change from one class to another class with a higher maximum rate of compensation.
(7)
“Promotional candidate” means an employee in a nontemporary position in the skilled or professional services who is not a special appointment.
(8)
“Secretary” means, except as otherwise provided by law, the Secretary of Budget and Management or the Secretary's designee.
Regulation .02 Construction.LinkCopy Citation
The purpose of this subtitle is to implement the provisions of the State Personnel and Pensions Article which require that regulations be adopted. The regulations in this subtitle do not generally repeal statutory provisions when to do so would be unnecessary. In addition, the Department shall promulgate policy through guidelines, policies, and directives in areas of internal management.
Regulation .03 Powers of Secretary.LinkCopy Citation
The Secretary, with the concurrence of the head of a principal unit, may, for documented reasons satisfactory to the Secretary, authorize in writing an exception to the regulations of this subtitle, when it is in the interest of the State service, if:
A.
The exception does not conflict with provisions of the State Personnel and Pensions Article, Annotated Code of Maryland, or applicable federal and State law; and
B.
In the written determination of the Secretary, the application of the regulation in a specific case or in an emergency situation would be inequitable or detrimental to the best interest of the affected employee or employees of State service.
Regulation .04 Management Rights.LinkCopy Citation
A.
An appointing authority, head of a principal unit, and management shall have exclusively reserved to them the following general prerogatives, to be exercised consistent with the provisions of the State Personnel and Pensions Article, Annotated Code of Maryland, and any personnel policies issued pursuant to it, to:
(1)
Appoint, promote, transfer, reassign, discipline, and terminate employees under the appointing authority's jurisdiction;
(2)
Direct and assign work;
(3)
Determine and redetermine, within the scope of budgetary limitations, the methods, means, personnel, and funding necessary to maintain efficient and effective government operations and properly effectuate the mission and objectives of the appointing authority's agency;
(4)
Assign each nontemporary employee to a position within a class and service that has been designated by the Secretary; and
(5)
Delegate in writing the authority to act on the appointing authority's behalf to any other employee or officer under the appointing authority's jurisdiction.
B.
Except as otherwise provided by law, an appointing authority may not delegate the authority to make the final decision regarding disciplinary termination of a nontemporary employee.
C.
The enumeration of general management rights reserved for the appointing authority set forth in §A of this regulation may not be construed as an exclusive enumeration or as a waiver of any rights not specifically enumerated in §A, regardless of whether the rights have been previously exercised.
D.
An appointing authority shall notify the Secretary of any delegation of authority by providing the Secretary a copy of the delegation.
Regulation .05 General Exclusions.LinkCopy Citation
This subtitle does not contravene any existing applicable statute.
Chapter annotations
Authority: State Personnel and Pensions Article, Title 1 and §4-106, Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.05 adopted as an emergency provision effective February 12, 1997 (24:5 Md. R. 391); emergency status expired August 12, 1997; adopted permanently effective September 8, 1997 (24:18 Md. R. 1297)
History: For a history of State Personnel Regulations before February 12, 1997, see the prior version of COMAR Title 06 or contact the Maryland State Archives for assistance.