MD
Maryland House Bill HB90

Maryland 2022 Regular Session

Maryland House Bill HB90 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 46
21
3-– 1 –
4-Chapter 46
5-(House Bill 90)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0090*
89
9-State Personnel Management System – Office of the Public Defender –
10-Placement and Collective Bargaining
10+HOUSE BILL 90
11+P4, P1 2lr0600
12+HB 1277/21 – APP (PRE–FILED) CF SB 255
13+By: Delegate Henson
14+Requested: September 29, 2021
15+Introduced and read first time: January 12, 2022
16+Assigned to: Appropriations
17+Committee Report: Favorable with amendments
18+House action: Adopted
19+Read second time: February 25, 2022
1120
12-FOR the purpose of specifying that certain positions within the Office of the Public
13-Defender are in certain employment categories in the State Personnel Management
14-System; altering certain provisions of law regarding personnel actions within the
15-Office that relate to the hiring, discipline, and termination of employees; providing
16-that employees of the Office are subject to collective bargaining under the State
17-Personnel Management System; repealing a provision of law that excludes attorneys
18-in the Office from certain grievance procedures in the State Personnel Management
19-System; requiring the Secretary of Budget and Management to assign each
20-appointee or employee of the Office to the appropriate employment category within
21-the State Personnel Management System on or before a certain date; prohibiting any
22-appointee or employee of the Office from receiving a change in pay or benefits as a
23-result of a certain transfer or assignment except under certain circumstances; and
24-generally relating to the personnel of the Office of the Public Defender in the State
25-Personnel Management System.
21+CHAPTER ______
2622
27-BY repealing and reenacting, with amendments,
28- Article – Criminal Procedure
29-Section 16–203
30- Annotated Code of Maryland
31- (2018 Replacement Volume and 2021 Supplement)
23+AN ACT concerning 1
3224
33-BY repealing and reenacting, without amendments,
34- Article – State Personnel and Pensions
35-Section 3–101(a)
36- Annotated Code of Maryland
37- (2015 Replacement Volume and 2021 Supplement)
25+State Personnel Management System – Office of the Public Defender – 2
26+Placement and Collective Bargaining 3
3827
39-BY repealing and reenacting, with amendments,
40- Article – State Personnel and Pensions
41-Section 3–101(b), 3–102(a), 3–205(a) and (c), and 12–102
42- Annotated Code of Maryland
43- (2015 Replacement Volume and 2021 Supplement)
28+FOR the purpose of specifying that certain positions within the Office of the Public 4
29+Defender are in certain employment categories in the State Personnel Management 5
30+System; altering certain provisions of law regarding personnel actions within the 6
31+Office that relate to the hiring, discipline, and termination of employees; providing 7
32+that employees of the Office are subject to collective bargaining under the State 8
33+Personnel Management System; repealing a provision of law that excludes attorneys 9
34+in the Office from certain grievance procedures in the State Personnel Management 10
35+System; requiring the Secretary of Budget and Management to assign each 11
36+appointee or employee of the Office to the appropriate employment category within 12
37+the State Personnel Management System on or before a certain date; prohibiting any 13
38+appointee or employee of the Office from receiving a change in pay or benefits as a 14
39+result of a certain transfer or assignment except under certain circumstances; and 15
40+generally relating to the personnel of the Office of the Public Defender in the State 16
41+Personnel Management System. 17
4442
45- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
46-That the Laws of Maryland read as follows:
43+BY repealing and reenacting, with amendments, 18
44+ Article – Criminal Procedure 19
45+Section 16–203 20
46+ Annotated Code of Maryland 21
47+ (2018 Replacement Volume and 2021 Supplement) 22
48+ 2 HOUSE BILL 90
4749
48-Article – Criminal Procedure
49- Ch. 46 2022 LAWS OF MARYLAND
5050
51-– 2 –
52-16–203.
51+BY repealing and reenacting, without amendments, 1
52+ Article – State Personnel and Pensions 2
53+Section 3–101(a) 3
54+ Annotated Code of Maryland 4
55+ (2015 Replacement Volume and 2021 Supplement) 5
5356
54- (a) (1) The head of the Office is the Public Defender.
57+BY repealing and reenacting, with amendments, 6
58+ Article – State Personnel and Pensions 7
59+Section 3–101(b), 3–102(a), 3–205(a) and (c), and 12–102 8
60+ Annotated Code of Maryland 9
61+ (2015 Replacement Volume and 2021 Supplement) 10
5562
56- (2) The Public Defender shall be appointed by the Board of Trustees.
63+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
64+That the Laws of Maryland read as follows: 12
5765
58- (3) By a vote of at least seven members, the Board of Trustees may remove
59-the Public Defender for:
66+Article – Criminal Procedure 13
6067
61- (i) misconduct in office;
68+16–203. 14
6269
63- (ii) persistent failure to perform the duties of the Office; or
70+ (a) (1) The head of the Office is the Public Defender. 15
6471
65- (iii) conduct prejudicial to the proper administration of justice.
72+ (2) The Public Defender shall be appointed by the Board of Trustees. 16
6673
67- (4) To qualify for appointment as Public Defender, an individual shall be
68-an attorney admitted to practice law in the State by the Court of Appeals of Maryland who
69-has engaged in the practice of law for at least 5 years before appointment.
74+ (3) By a vote of at least seven members, the Board of Trustees may remove 17
75+the Public Defender for: 18
7076
71- (5) The Public Defender shall receive the same salary as a judge of a circuit
72-court.
77+ (i) misconduct in office; 19
7378
74- (6) The Public Defender may not engage in the private practice of law.
79+ (ii) persistent failure to perform the duties of the Office; or 20
7580
76- (7) The Public Defender serves for a term of 6 years.
81+ (iii) conduct prejudicial to the proper administration of justice. 21
7782
78- (b) (1) With the approval of the Board of Trustees, the Public Defender shall
79-appoint:
83+ (4) To qualify for appointment as Public Defender, an individual shall be 22
84+an attorney admitted to practice law in the State by the Court of Appeals of Maryland who 23
85+has engaged in the practice of law for at least 5 years before appointment. 24
8086
81- (i) a deputy public defender WHO IS IN THE EXECUTIVE SERVIC E
82-OF THE STATE PERSONNEL MANAGEMENT SYSTEM; and
87+ (5) The Public Defender shall receive the same salary as a judge of a circuit 25
88+court. 26
8389
84- (ii) one district public defender for each district of the District Court,
85-EACH OF WHOM IS IN T HE MANAGEMENT SERVIC E OF THE STATE PERSONNEL
86-MANAGEMENT SYSTEM.
90+ (6) The Public Defender may not engage in the private practice of law. 27
8791
88- (2) The deputy public defender and each district public defender shall have
89-the same qualifications as the Public Defender.
92+ (7) The Public Defender serves for a term of 6 years. 28
9093
91- (3) A district public defender shall:
94+ (b) (1) With the approval of the Board of Trustees, the Public Defender shall 29
95+appoint: 30
96+ HOUSE BILL 90 3
9297
93- (i) assist the Public Defender to perform the duties of the Office; and
9498
95- (ii) subject to the supervision of the Public Defender, be in charge of
96-the public defender offices in the district for which the district public defender is appointed.
97- LAWRENCE J. HOGAN, JR., Governor Ch. 46
99+ (i) a deputy public defender WHO IS IN THE EXECUT IVE SERVICE 1
100+OF THE STATE PERSONNEL MANAGEMENT SYSTEM; and 2
98101
99-– 3 –
100- (c) (1) With the advice of the district public defenders, the Public Defender
101-may [appoint] EMPLOY assistant public defenders in accordance with the State budget.
102+ (ii) one district public defender for each district of the District Court, 3
103+EACH OF WHOM IS IN T HE MANAGEMENT SERVIC E OF THE STATE PERSONNEL 4
104+MANAGEMENT SYSTEM. 5
102105
103- (2) To qualify for [appointment] EMPLOYMENT as an assistant public
104-defender, an individual shall be an attorney and admitted to practice law in the State by
105-the Court of Appeals of Maryland.
106+ (2) The deputy public defender and each district public defender shall have 6
107+the same qualifications as the Public Defender. 7
106108
107- (3) ASSISTANT PUBLIC DEFENDERS ARE IN THE PROFESSIONAL
108-SERVICE OF THE STATE PERSONNEL MANAGEMENT SYSTEM AND MAY BE
109-TERMINATED OR OTHERW ISE DISCIPLINED ONLY FOR CAUSE IN ACCORDA NCE WITH
110-TITLE 11 OF THE STATE PERSONNEL AND PENSIONS ARTICLE.
109+ (3) A district public defender shall: 8
111110
112- (d) (1) The deputy public defender[,] AND district public defenders[, and
113-assistant public defenders]:
111+ (i) assist the Public Defender to perform the duties of the Office; and 9
114112
115- (1) shall serve at the pleasure of the Public Defender; and.
113+ (ii) subject to the supervision of the Public Defender, be in charge of 10
114+the public defender offices in the district for which the district public defender is appointed. 11
116115
117- (2) THE DEPUTY PUBLIC DEF ENDER, DISTRICT PUBLIC DEFE NDERS,
118-AND ASSISTANT PUBLIC DEFENDERS may not engage in the private practice of criminal
119-law.
116+ (c) (1) With the advice of the district public defenders, the Public Defender 12
117+may [appoint] EMPLOY assistant public defenders in accordance with the State budget. 13
120118
121- (e) The Public Defender shall [appoint] EMPLOY investigators, stenographic
122-assistants, clerical assistants, and other personnel as may be required to assist the Public
123-Defender and the district public defenders to perform the duties of the Office in accordance
124-with the State budget.
119+ (2) To qualify for [appointment] EMPLOYMENT as an assistant public 14
120+defender, an individual shall be an attorney and admitted to practice law in the State by 15
121+the Court of Appeals of Maryland. 16
125122
126- (F) (1) SUBJECT TO SUBSECTION S (B)(1) AND (C)(3) OF THIS SECTION ,
127-ALL OTHER POSITIONS IN THE OFFICE ARE IN THE EXE CUTIVE, MANAGEMENT ,
128-PROFESSIONAL , OR SKILLED SERVICE O F THE STATE PERSONNEL MANAGEMENT
129-SYSTEM.
123+ (3) ASSISTANT PUBLIC DEFE NDERS ARE IN THE PRO FESSIONAL 17
124+SERVICE OF THE STATE PERSONNEL MANAGEMENT SYSTEM AND MAY BE 18
125+TERMINATED OR OTHERW ISE DISCIPLINED ONLY FOR CAUSE IN ACCORDA NCE WITH 19
126+TITLE 11 OF THE STATE PERSONNEL AND PENSIONS ARTICLE. 20
130127
131- (2) EMPLOYEES IN THE PROF ESSIONAL OR SKILLED SERVICE MAY BE
132-TERMINATED OR OTHERW ISE DISCIPLINED ONLY FOR CAUSE IN ACCORDA NCE WITH
133-TITLE 11 OF THE STATE PERSONNEL AND PENSIONS ARTICLE.
128+ (d) (1) The deputy public defender[,] AND district public defenders[, and 21
129+assistant public defenders]: 22
134130
135- [(f)] (G) (1) Subject to paragraph (2) of this subsection, the Public Defender
136-shall establish and maintain suitable offices in the State.
131+ (1) shall serve at the pleasure of the Public Defender; and. 23
137132
138- (2) At least one Public Defender’s office shall be in each district.
133+ (2) THE DEPUTY PUBLIC DEF ENDER, DISTRICT PUBLIC DEFE NDERS, 24
134+AND ASSISTANT PU BLIC DEFENDERS may not engage in the private practice of criminal 25
135+law. 26
139136
140- [(g)] (H) The number of positions, compensation, and expenses for the Office
141-shall be in accordance with the State budget.
137+ (e) The Public Defender shall [appoint] EMPLOY investigators, stenographic 27
138+assistants, clerical assistants, and other personnel as may be required to assist the Public 28
139+Defender and the district public defenders to perform the duties of the Office in accordance 29
140+with the State budget. 30
142141
143-Article – State Personnel and Pensions
144- Ch. 46 2022 LAWS OF MARYLAND
142+ (F) (1) SUBJECT TO SUBSECTION S (B)(1) AND (C)(3) OF THIS SECTION , 31
143+ALL OTHER POSITIONS IN THE OFFICE ARE IN THE EXE CUTIVE, MANAGEMENT , 32 4 HOUSE BILL 90
145144
146-– 4 –
147-3–101.
148145
149- (a) In this title the following words have the meanings indicated.
146+PROFESSIONAL , OR SKILLED SERVICE OF THE STATE PERSONNEL MANAGEMENT 1
147+SYSTEM. 2
150148
151- (b) “Board” means:
149+ (2) EMPLOYEES IN THE PROF ESSIONAL OR SKILLED SERVICE MAY BE 3
150+TERMINATED OR OTHERW ISE DISCIPLINED ONLY FOR CAUSE IN ACCORDA NCE WITH 4
151+TITLE 11 OF THE STATE PERSONNEL AND PENSIONS ARTICLE. 5
152152
153- (1) with regard to any matter relating to employees of any of the units of
154-State government described in § 3–102(a)(1)(i) through (iv) and (vi) through [(xi)] (XII) of
155-this subtitle and employees described in § 3–102(a)(2) and (3) of this subtitle, the State
156-Labor Relations Board; and
153+ [(f)] (G) (1) Subject to paragraph (2) of this subsection, the Public Defender 6
154+shall establish and maintain suitable offices in the State. 7
157155
158- (2) with regard to any matter relating to employees of any State institution
159-of higher education described in § 3–102(a)(1)(v) of this subtitle, the State Higher Education
160-Labor Relations Board.
156+ (2) At least one Public Defender’s office shall be in each district. 8
161157
162-3–102.
158+ [(g)] (H) The number of positions, compensation, and expenses for the Office 9
159+shall be in accordance with the State budget. 10
163160
164- (a) Except as provided in this title or as otherwise provided by law, this title
165-applies to:
161+Article – State Personnel and Pensions 11
166162
167- (1) all employees of:
163+3–101. 12
168164
169- (i) the principal departments within the Executive Branch of State
170-government;
165+ (a) In this title the following words have the meanings indicated. 13
171166
172- (ii) the Maryland Insurance Administration;
167+ (b) “Board” means: 14
173168
174- (iii) the State Department of Assessments and Taxation;
169+ (1) with regard to any matter relating to employees of any of the units of 15
170+State government described in § 3–102(a)(1)(i) through (iv) and (vi) through [(xi)] (XII) of 16
171+this subtitle and employees described in § 3–102(a)(2) and (3) of this subtitle, the State 17
172+Labor Relations Board; and 18
175173
176- (iv) the State Lottery and Gaming Control Agency;
174+ (2) with regard to any matter relating to employees of any State institution 19
175+of higher education described in § 3–102(a)(1)(v) of this subtitle, the State Higher Education 20
176+Labor Relations Board. 21
177177
178- (v) the University System of Maryland, Morgan State University,
179-St. Mary’s College of Maryland, and Baltimore City Community College;
178+3–102. 22
180179
181- (vi) the Comptroller;
180+ (a) Except as provided in this title or as otherwise provided by law, this title 23
181+applies to: 24
182182
183- (vii) the Maryland Transportation Authority who are not police
184-officers;
183+ (1) all employees of: 25
185184
186- (viii) the State Retirement Agency;
185+ (i) the principal departments within the Executive Branch of State 26
186+government; 27
187187
188- (ix) the State Department of Education;
188+ (ii) the Maryland Insurance Administration; 28
189189
190- (x) the Maryland Environmental Service; [and]
190+ (iii) the State Department of Assessments and Taxation; 29
191+ HOUSE BILL 90 5
191192
192- (xi) the Maryland School for the Deaf; AND LAWRENCE J. HOGAN, JR., Governor Ch. 46
193193
194-– 5 –
194+ (iv) the State Lottery and Gaming Control Agency; 1
195195
196- (XII) THE OFFICE OF THE PUBLIC DEFENDER;
196+ (v) the University System of Maryland, Morgan State University, 2
197+St. Mary’s College of Maryland, and Baltimore City Community College; 3
197198
198- (2) firefighters for the Martin State Airport at the rank of captain or below
199-who are employed by the Military Department; and
199+ (vi) the Comptroller; 4
200200
201- (3) all full–time Maryland Transportation Authority police officers at the
202-rank of first sergeant and below.
201+ (vii) the Maryland Transportation Authority who are not police 5
202+officers; 6
203203
204-3–205.
204+ (viii) the State Retirement Agency; 7
205205
206- (a) The Board is responsible for administering and enforcing provisions of this
207-title relating to employees described in § 3–102(a)(1)(i) through (iv) and (vi) through [(xi)]
208-(XII), (2), and (3) of this title.
206+ (ix) the State Department of Education; 8
209207
210- (c) (1) The Board may not designate a unique bargaining unit for each of the
211-units of government identified in § 3–102(a)(1)(vi) through (ix) AND (XII) and (2) of this
212-title.
208+ (x) the Maryland Environmental Service; [and] 9
213209
214- (2) At the request of the exclusive representative, the Board shall:
210+ (xi) the Maryland School for the Deaf; AND 10
215211
216- (i) EXCEPT AS PROVIDED I N PARAGRAPH (4) OF THIS
217-SUBSECTION, determine the appropriate existing bargaining unit into which to assign
218-each employee in the units of government identified in § 3–102(a)(1)(vi) through (ix) AND
219-(XII) and (2) of this title; and
212+ (XII) THE OFFICE OF THE PUBLIC DEFENDER; 11
220213
221- (ii) accrete all positions to appropriate existing bargaining units.
214+ (2) firefighters for the Martin State Airport at the rank of captain or below 12
215+who are employed by the Military Department; and 13
222216
223- (3) (i) Notwithstanding Subtitle 4 of this title, at the request of the
224-exclusive representative, the Board shall conduct a self–determination election for each
225-bargaining unit representative for the accreted employees in units of government identified
226-in § 3–102(a)(1)(vi) through (ix) AND (XII) and (2) of this title.
217+ (3) all full–time Maryland Transportation Authority police officers at the 14
218+rank of first sergeant and below. 15
227219
228- (ii) All elections shall be conducted by secret ballot.
220+3–205. 16
229221
230- (iii) For each election, the Board shall place the following choices on
231-the ballot:
222+ (a) The Board is responsible for administering and enforcing provisions of this 17
223+title relating to employees described in § 3–102(a)(1)(i) through (iv) and (vi) through [(xi)] 18
224+(XII), (2), and (3) of this title. 19
232225
233- 1. the name of the incumbent exclusive representative; and
226+ (c) (1) The Board may not designate a unique bargaining unit for each of the 20
227+units of government identified in § 3–102(a)(1)(vi) through (ix) AND (XII) and (2) of this 21
228+title. 22
234229
235- 2. a provision for “no exclusive representative”.
230+ (2) At the request of the exclusive representative, the Board shall: 23
236231
237- (4) THE BOARD SHALL ACCRETE P OSITIONS TO EXISTING
238-BARGAINING UNITS AS FOLLOWS:
239- Ch. 46 2022 LAWS OF MARYLAND
232+ (i) EXCEPT A S PROVIDED IN PARAGR APH (4) OF THIS 24
233+SUBSECTION, determine the appropriate existing bargaining unit into which to assign 25
234+each employee in the units of government identified in § 3–102(a)(1)(vi) through (ix) AND 26
235+(XII) and (2) of this title; and 27
240236
241-– 6 –
242- (I) ASSISTANT PUBLIC DEF ENDERS, INTAKE SPECIALISTS , AND
243-INVESTIGATORS IN THE OFFICE OF THE PUBLIC DEFENDER INTO BARGAIN ING UNIT
244-F FOR SOCIAL AND HUMAN SERVICES PROFESSIONALS ; AND
237+ (ii) accrete all positions to appropriate existing bargaining units. 28
238+ 6 HOUSE BILL 90
245239
246- (II) ALL OTHER POSITIONS IN THE OFFICE OF THE PUBLIC
247-DEFENDER INTO APPROPR IATE EXISTING BARGAI NING UNITS AS DETERMINE D BY
248-THE BOARD.
249240
250-12–102.
241+ (3) (i) Notwithstanding Subtitle 4 of this title, at the request of the 1
242+exclusive representative, the Board shall conduct a self–determination election for each 2
243+bargaining unit representative for the accreted employees in units of government identified 3
244+in § 3–102(a)(1)(vi) through (ix) AND (XII) and (2) of this title. 4
251245
252- (a) Except as otherwise provided by law, this title applies to all employees in the
253-State Personnel Management System within the Executive Branch and independent
254-personnel systems.
246+ (ii) All elections shall be conducted by secret ballot. 5
255247
256- (b) This title does not apply to:
248+ (iii) For each election, the Board shall place the following choices on 6
249+the ballot: 7
257250
258- (1) an employee who is appointed by the Governor whose appointment
259-requires the Governor’s approval;
251+ 1. the name of the incumbent exclusive representative; and 8
260252
261- (2) an employee in the executive service of the State Personnel
262-Management System;
253+ 2. a provision for “no exclusive representative”. 9
263254
264- (3) a temporary employee;
255+ (4) THE BOARD SHALL ACCRETE P OSITIONS TO EXISTING 10
256+BARGAINING UNITS AS FOLLOWS: 11
265257
266- (4) an attorney in the Office of the Attorney General [or the Office of the
267-Public Defender];
258+ (I) ASSISTANT PUBLIC DEF ENDERS, INTAKE SPECIALISTS , AND 12
259+INVESTIGATORS IN THE OFFICE OF THE PUBLIC DEFENDER INTO BARGAIN ING UNIT 13
260+F FOR SOCIAL AND HUMAN SERVICES PROFESSIONALS ; AND 14
268261
269- (5) a State Police officer;
262+ (II) ALL OTHER POSITIONS IN THE OFFICE OF THE PUBLIC 15
263+DEFENDER INTO APPROPR IATE EXISTING BARGAI NING UNITS AS DETERMINED BY 16
264+THE BOARD. 17
270265
271- (6) an employee under § 7–601 of the Transportation Article who is subject
272-to a collective bargaining agreement that contains another grievance procedure;
266+12–102. 18
273267
274- (7) an employee, including a member of a faculty, who is subject to a
275-contract or regulation governing teacher tenure;
268+ (a) Except as otherwise provided by law, this title applies to all employees in the 19
269+State Personnel Management System within the Executive Branch and independent 20
270+personnel systems. 21
276271
277- (8) a member of the faculty, an officer, or an administrative employee of
278-Baltimore City Community College;
272+ (b) This title does not apply to: 22
279273
280- (9) a student employee;
274+ (1) an employee who is appointed by the Governor whose appointment 23
275+requires the Governor’s approval; 24
281276
282- (10) an individual who, as an inmate or patient in an institution, is
283-employed by the State; or
277+ (2) an employee in the executive service of the State Personnel 25
278+Management System; 26
284279
285- (11) an administrative law judge in the Office of Administrative Hearings.
286- LAWRENCE J. HOGAN, JR., Governor Ch. 46
280+ (3) a temporary employee; 27
287281
288-– 7 –
289- SECTION 2. AND BE IT FURTHER ENACTED, That on or before January 1, 202 3,
290-the Secretary of Budget and Management shall assign each appointee or employee of the
291-Office of the Public Defender to the appropriate employment category in accordance with
292-Section 1 of this Act.
282+ (4) an attorney in the Office of the Attorney General [or the Office of the 28
283+Public Defender]; 29
293284
294- SECTION 3. AND BE IT FURTHER ENACTED, That, notwithst anding any other
295-provision of law, any appointee or employee transferred to the State Personnel
296-Management System or assigned to a bargaining unit in accordance with this Act may not
297-receive a change in pay or benefits in the course of or as a result of the transfer or
298-assignment, except to be placed on a new salary schedule at a grade and step that results
299-in an increase in annual rate of pay or benefits.
285+ (5) a State Police officer; 30
286+ HOUSE BILL 90 7
300287
301- SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect
302-October 1, 2022.
303288
304-Gubernatorial Veto Override, April 9, 2022.
289+ (6) an employee under § 7–601 of the Transportation Article who is subject 1
290+to a collective bargaining agreement that contains another grievance procedure; 2
291+
292+ (7) an employee, including a member of a faculty, who is subject to a 3
293+contract or regulation governing teacher tenure; 4
294+
295+ (8) a member of the faculty, an officer, or an administrative employee of 5
296+Baltimore City Community College; 6
297+
298+ (9) a student employee; 7
299+
300+ (10) an individual who, as an inmate or patient in an institution, is 8
301+employed by the State; or 9
302+
303+ (11) an administrative law judge in the Office of Administrative Hearings. 10
304+
305+ SECTION 2. AND BE IT FURTHER ENACTED, That o n or before January 1, 2023, 11
306+the Secretary of Budget and Management shall assign each appointee or employee of the 12
307+Office of the Public Defender to the appropriate employment category in accordance with 13
308+Section 1 of this Act. 14
309+
310+ SECTION 3. AND BE IT FURTHE R ENACTED, That, notwithstanding any other 15
311+provision of law, any appointee or employee transferred to the State Personnel 16
312+Management System or assigned to a bargaining unit in accordance with this Act may not 17
313+receive a change in pay or benefits in the course of or as a result of the transfer or 18
314+assignment, except to be placed on a new salary schedule at a grade and step that results 19
315+in an increase in annual rate of pay or benefits. 20
316+
317+ SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
318+October 1, 2022. 22
319+
320+
321+
322+
323+
324+Approved:
325+________________________________________________________________________________
326+ Governor.
327+________________________________________________________________________________
328+ Speaker of the House of Delegates.
329+________________________________________________________________________________
330+ President of the Senate.