Section 13-404 – Certifications by Department
(a) The Department may certify a service contract to the Board of Public Works as provided in this section. (b) The Department may certify a service contract as being exempt from the preference stated in § 13-402 of this subtitle if: (1) State employees are not available to perform the services; (2) a conflict of interest would result if […]
Section 12-405 – Release Time and Expense Reimbursement
(a) A grievant and the grievant’s representative shall be given reasonable time during work to investigate and process the grievance and to participate at any conference or hearing relating to the grievance. (b) An employee shall be granted release time from the employee’s normal work schedule to attend a grievance conference or hearing as a witness. (c) Expenses […]
Section 13-405 – Information by Unit
(a) A unit that seeks to enter into a service contract that is not exempt under § 13–403(c) or § 13–404(b) of this subtitle shall submit to the Department the information required by this section. (b) The unit shall submit a demonstration that the unit has taken formal and positive steps to consider alternatives to the service […]
Section 13-101 – “Contractual Employee” Defined
(a) In this title, “contractual employee” means an individual: (1) who, under a written agreement, provides temporary personal services to the State for pay; (2) who is not employed in a budgeted position; and (3) who has an employer-employee relationship with the State in which the State: (i) furnishes necessary tools and a place to work; (ii) has the right to […]
Section 14-101 – Civil Actions Generally
The Secretary shall: (1) bring any civil action necessary to enforce those provisions of this Division I that are subject to the authority of the Secretary or any regulation adopted under them; and (2) defend any civil action brought against the Secretary or the Department.
Section 13-201 – Scope of Subtitle
(a) This subtitle applies to all units in the Executive Branch of State government, except a unit with an independent personnel system. (b) The Secretary may exempt specific types of contractual employees from the certification and other requirements of this subtitle.
Section 13-202 – Certification
(a) Except as otherwise authorized under § 13-201(b) of this subtitle, a unit may not execute or renew a contract for the employment of a contractual employee unless the Secretary issues to the unit a certification that: (1) the employment of the contractual employee is for services that cannot be performed by assignment or hiring of any […]
Section 13-203 – Recruitment and Selection
(a) The Secretary shall adopt guidelines for the recruitment and selection of contractual employees. (b) These guidelines shall require a contracting unit: (1) to make a reasonable effort to publicly solicit applicants for contractual employment; (2) to make a reasonable effort to screen and select contractual employees by using methods and criteria that are uniformly applied to all applicants […]
Section 13-204 – Continuing Certification
Except as authorized under § 13-303 of this title, the Secretary may not continue certification for any contractual employee if the Secretary determines that the services performed under the contract: (1) encompass permanent functions; (2) have no specific expiration date; and (3) regularly are performed on a basis that is at least equal to 50% of the work […]
Section 13-205 – Audits
(a) The Secretary periodically shall audit a sample of instances of contractual employment in the various units to determine whether: (1) justification exists in each instance to continue certification for the contractual employee; and (2) the guidelines adopted under § 13-203 of this subtitle have been followed. (b) (1) If, as a result of an audit, the Secretary determines that […]