EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0090*
HOUSE BILL 90
P4, P1 2lr0600
HB 1277/21 – APP (PRE–FILED) CF 2lr0601
By: Delegate Henson
Requested: September 29, 2021
Introduced and read first time: January 12, 2022
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
State Personnel Management System – Office of the Public Defender – 2
Placement and Collective Bargaining 3
FOR the purpose of specifying that certain positions within the Office of the Public 4
Defender are in certain employment categories in the State Personnel Management 5
System; altering certain provisions of law regarding personnel actions within the 6
Office that relate to the hiring, discipline, and termination of employees; providing 7
that employees of the Office are subject to collective bargaining under the State 8
Personnel Management System; repealing a provision of law that excludes attorneys 9
in the Office from certain grievance procedures in the State Personnel Management 10
System; requiring the Secretary of Budget and Management to assign each 11
appointee or employee of the Office to the appropriate employment category within 12
the State Personnel Management System on or before a certain date; prohibiting any 13
appointee or employee of the Office from receiving a change in pay or benefits as a 14
result of a certain transfer or assignment except under certain circumstances; and 15
generally relating to the personnel of the Office of the Public Defender in the State 16
Personnel Management System. 17
BY repealing and reenacting, with amendments, 18
Article – Criminal Procedure 19
Section 16–203 20
Annotated Code of Maryland 21
(2018 Replacement Volume and 2021 Supplement) 22
BY repealing and reenacting, without amendments, 23
Article – State Personnel and Pensions 24
Section 3–101(a) 25
Annotated Code of Maryland 26
(2015 Replacement Volume and 2021 Supplement) 27
2 HOUSE BILL 90
BY repealing and reenacting, with amendments, 1
Article – State Personnel and Pensions 2
Section 3–101(b), 3–102(a), 3–205(a) and (c), and 12–102 3
Annotated Code of Maryland 4
(2015 Replacement Volume and 2021 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Criminal Procedure 8
16–203. 9
(a) (1) The head of the Office is the Public Defender. 10
(2) The Public Defender shall be appointed by the Board of Trustees. 11
(3) By a vote of at least seven members, the Board of Trustees may remove 12
the Public Defender for: 13
(i) misconduct in office; 14
(ii) persistent failure to perform the duties of the Office; or 15
(iii) conduct prejudicial to the proper administration of justice. 16
(4) To qualify for appointment as Public Defender, an individual shall be 17
an attorney admitted to practice law in the State by the Court of Appeals of Maryland who 18
has engaged in the practice of law for at least 5 years before appointment. 19
(5) The Public Defender shall receive the same salary as a judge of a circuit 20
court. 21
(6) The Public Defender may not engage in the private practice of law. 22
(7) The Public Defender serves for a term of 6 years. 23
(b) (1) With the approval of the Board of Trustees, the Public Defender shall 24
appoint: 25
(i) a deputy public defender WHO IS IN THE EXECUT IVE SERVICE 26
OF THE STATE PERSONNEL MANAGEMENT SYSTEM; and 27
(ii) one district public defender for each district of the District Court, 28
EACH OF WHOM IS IN T HE MANAGEMENT SERVIC E OF THE STATE PERSONNEL 29
MANAGEMENT SYSTEM. 30
HOUSE BILL 90 3
(2) The deputy public defender and each district public defender shall have 1
the same qualifications as the Public Defender. 2
(3) A district public defender shall: 3
(i) assist the Public Defender to perform the duties of the Office; and 4
(ii) subject to the supervision of the Public Defender, be in charge of 5
the public defender offices in the district for which the district public defender is appointed. 6
(c) (1) With the advice of the district public defenders, the Public Defender 7
may [appoint] EMPLOY assistant public defenders in accordance with the State budget. 8
(2) To qualify for [appointment] EMPLOYMENT as an assistant public 9
defender, an individual shall be an attorney and admitted to practice law in the State by 10
the Court of Appeals of Maryland. 11
(3) ASSISTANT PUBLIC DEFE NDERS ARE IN THE PRO FESSIONAL 12
SERVICE OF THE STATE PERSONNEL MANAGEMENT SYSTEM AND MAY BE 13
TERMINATED OR OTHERW ISE DISCIPLINED ONLY FOR CAUSE IN ACCORDA NCE WITH 14
TITLE 11 OF THE STATE PERSONNEL AND PENSIONS ARTICLE. 15
(d) The deputy public defender[,] AND district public defenders[, and assistant 16
public defenders]: 17
(1) shall serve at the pleasure of the Public Defender; and 18
(2) may not engage in the private practice of criminal law. 19
(e) The Public Defender shall [appoint] EMPLOY investigators, stenographic 20
assistants, clerical assistants, and other personnel as may be required to assist the Public 21
Defender and the district public defenders to perform the duties of the Office in accordance 22
with the State budget. 23
(F) (1) SUBJECT TO SUBSECTION S (B)(1) AND (C)(3) OF THIS SECTION , 24
ALL OTHER POSITIONS IN THE OFFICE ARE IN THE EXE CUTIVE, MANAGEMENT , 25
PROFESSIONAL , OR SKILLED SERVICE O F THE STATE PERSONNEL MANAGEMENT 26
SYSTEM. 27
(2) EMPLOYEES IN THE PROF ESSIONAL OR SKILLED SERVICE MAY BE 28
TERMINATED OR OTHERW ISE DISCIPLINED ONLY FOR CAUSE IN ACCOR DANCE WITH 29
TITLE 11 OF THE STATE PERSONNEL AND PENSIONS ARTICLE. 30
[(f)] (G) (1) Subject to paragraph (2) of this subsection, the Public Defender 31
shall establish and maintain suitable offices in the State. 32 4 HOUSE BILL 90
(2) At least one Public Defender’s office shall be in each district. 1
[(g)] (H) The number of positions, compensation, and expenses for the Office 2
shall be in accordance with the State budget. 3
Article – State Personnel and Pensions 4
3–101. 5
(a) In this title the following words have the meanings indicated. 6
(b) “Board” means: 7
(1) with regard to any matter relating to employees of any of the units of 8
State government described in § 3–102(a)(1)(i) through (iv) and (vi) through [(xi)] (XII) of 9
this subtitle and employees described in § 3–102(a)(2) and (3) of this subtitle, the State 10
Labor Relations Board; and 11
(2) with regard to any matter relating to employees of any State institution 12
of higher education described in § 3–102(a)(1)(v) of this subtitle, the State Higher Education 13
Labor Relations Board. 14
3–102. 15
(a) Except as provided in this title or as otherwise provided by law, this title 16
applies to: 17
(1) all employees of: 18
(i) the principal departments within the Executive Branch of State 19
government; 20
(ii) the Maryland Insurance Administration; 21
(iii) the State Department of Assessments and Taxation; 22
(iv) the State Lottery and Gaming Control Agency; 23
(v) the University System of Maryland, Morgan State University, 24
St. Mary’s College of Maryland, and Baltimore City Community College; 25
(vi) the Comptroller; 26
(vii) the Maryland Transportation Authority who are not police 27
officers; 28
HOUSE BILL 90 5
(viii) the State Retirement Agency; 1
(ix) the State Department of Education; 2
(x) the Maryland Environmental Service; [and] 3
(xi) the Maryland School for the Deaf; AND 4
(XII) THE OFFICE OF THE PUBLIC DEFENDER; 5
(2) firefighters for the Martin State Airport at the rank of captain or below 6
who are employed by the Military Department; and 7
(3) all full–time Maryland Transportation Authority police officers at the 8
rank of first sergeant and below. 9
3–205. 10
(a) The Board is responsible for administering and enforcing provisions of this 11
title relating to employees described in § 3–102(a)(1)(i) through (iv) and (vi) through [(xi)] 12
(XII), (2), and (3) of this title. 13
(c) (1) The Board may not designate a unique bargaining unit for each of the 14
units of government identified in § 3–102(a)(1)(vi) through (ix) AND (XII) and (2) of this 15
title. 16
(2) At the request of the exclusive representative, the Board shall: 17
(i) EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS 18
SUBSECTION, determine the appropriate existing bargaining unit into which to assign 19
each employee in the units of government identified in § 3–102(a)(1)(vi) through (ix) AND 20
(XII) and (2) of this title; and 21
(ii) accrete all positions to appropriate existing bargaining units. 22
(3) (i) Notwithstanding Subtitle 4 of this title, at the request of the 23
exclusive representative, the Board shall conduct a self–determination election for each 24
bargaining unit representative for the accreted employees in units of government identified 25
in § 3–102(a)(1)(vi) through (ix) AND (XII) and (2) of this title. 26
(ii) All elections shall be conducted by secret ballot. 27
(iii) For each election, the Board shall place the following choices on 28
the ballot: 29
1. the name of the incumbent exclusive representative; and 30 6 HOUSE BILL 90
2. a provision for “no exclusive representative”. 1
(4) THE BOARD SHALL ACCRETE POSITIONS TO EXISTING 2
BARGAINING UNITS AS FOLLOWS: 3
(I) ASSISTANT PUBLIC DEF ENDERS, INTAKE SPECIALISTS , AND 4
INVESTIGATORS IN THE OFFICE OF THE PUBLIC DEFENDER INTO BARGAINING UNIT 5
F FOR SOCIAL AND HUMAN SERVICES PROFESSIONALS ; AND 6
(II) ALL OTHER POSITIONS IN THE OFFICE OF THE PUBLIC 7
DEFENDER INTO APPROPRIATE EXISTING BARGAINING UNITS AS DETERMINED BY 8
THE BOARD. 9
12–102. 10
(a) Except as otherwise provided by law, this title applies to all employees in the 11
State Personnel Management System within the Executive Branch and independent 12
personnel systems. 13
(b) This title does not apply to: 14
(1) an employee who is appointed by the Governor whose appointment 15
requires the Governor’s approval; 16
(2) an employee in the executive service of the State Personnel 17
Management System; 18
(3) a temporary employee; 19
(4) an attorney in the Office of the Attorney General [or the Office of the 20
Public Defender]; 21
(5) a State Police officer; 22
(6) an employee under § 7–601 of the Transportation Article who is subject 23
to a collective bargaining agreement that contains another grievance procedure; 24
(7) an employee, including a member of a faculty, who is subject to a 25
contract or regulation governing teacher tenure; 26
(8) a member of the faculty, an officer, or an administrative employee of 27
Baltimore City Community College; 28
(9) a student employee; 29
HOUSE BILL 90 7
(10) an individual who, as an inmate or patient in an institution, is 1
employed by the State; or 2
(11) an administrative law judge in the Office of Administrative Hearings. 3
SECTION 2. AND BE IT FURTHER ENACTED, That on or before January 1, 202 3, 4
the Secretary of Budget and Management shall assign each appointee or employee of the 5
Office of the Public Defender to the appropriate employment category in accordance with 6
Section 1 of this Act. 7
SECTION 3. AND BE IT FURTHER ENACTED, That , notwithstanding any other 8
provision of law, any appointee or employee transferred to the State Personnel 9
Management System or assigned to a bargaining unit in accordance with this Act may not 10
receive a change in pay or benefits in the course of or as a result of the transfer or 11
assignment, except to be placed on a new salary schedule at a grade and step that results 12
in an increase in annual rate of pay or benefits. 13
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2022. 15