| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 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 | 5 | *sb0255* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 255 | |
| 11 | 8 | P4, P1 2lr0601 | |
| 12 | 9 | SB 757/21 – FIN CF HB 90 | |
| 13 | 10 | By: Senators Beidle, Benson, Carter, Feldman, Hettleman, Klausmeier, Kramer, | |
| 14 | 11 | Waldstreicher, and Smith | |
| 15 | 12 | Introduced and read first time: January 14, 2022 | |
| 16 | 13 | Assigned to: Finance | |
| 17 | - | Committee Report: Favorable with amendments | |
| 18 | - | Senate action: Adopted | |
| 19 | - | Read second time: February 22, 2022 | |
| 20 | 14 | ||
| 21 | - | ||
| 15 | + | A BILL ENTITLED | |
| 22 | 16 | ||
| 23 | 17 | AN ACT concerning 1 | |
| 24 | 18 | ||
| 25 | 19 | State Personnel Management System – Office of the Public Defender – 2 | |
| 26 | 20 | Placement and Collective Bargaining 3 | |
| 27 | 21 | ||
| 28 | 22 | FOR the purpose of specifying that certain positions within the Office of the Public 4 | |
| 29 | 23 | Defender are in certain employment categories in the State Personnel Management 5 | |
| 30 | 24 | System; altering certain provisions of law regarding personnel actions within the 6 | |
| 31 | 25 | Office that relate to the hiring, discipline, and termination of employees; providing 7 | |
| 32 | 26 | that employees of the Office are subject to collective bargaining under the State 8 | |
| 33 | 27 | Personnel Management System; repealing a provision of law that excludes attorneys 9 | |
| 34 | 28 | in the Office from certain grievance procedures in the State Personnel Management 10 | |
| 35 | 29 | System; requiring the Secretary of Budget and Management to assign each 11 | |
| 36 | 30 | appointee or employee of the Office to the appropriate employment category within 12 | |
| 37 | 31 | the State Personnel Management System on or before a certain date; prohibiting any 13 | |
| 38 | 32 | appointee or employee of the Office from receiving a change in pay or benefits as a 14 | |
| 39 | 33 | result of a certain transfer or assignment except under certain circumstances; and 15 | |
| 40 | 34 | generally relating to the personnel of the Office of the Public Defender in the State 16 | |
| 41 | 35 | Personnel Management System. 17 | |
| 42 | 36 | ||
| 43 | 37 | BY repealing and reenacting, with amendments, 18 | |
| 44 | 38 | Article – Criminal Procedure 19 | |
| 45 | 39 | Section 16–203 20 | |
| 46 | 40 | Annotated Code of Maryland 21 | |
| 47 | 41 | (2018 Replacement Volume and 2021 Supplement) 22 | |
| 42 | + | ||
| 43 | + | BY repealing and reenacting, without amendments, 23 | |
| 44 | + | Article – State Personnel and Pensions 24 | |
| 45 | + | Section 3–101(a) 25 | |
| 46 | + | Annotated Code of Maryland 26 | |
| 47 | + | (2015 Replacement Volume and 2021 Supplement) 27 | |
| 48 | 48 | 2 SENATE BILL 255 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | BY repealing and reenacting, | |
| 51 | + | BY repealing and reenacting, with amendments, 1 | |
| 52 | 52 | Article – State Personnel and Pensions 2 | |
| 53 | - | Section 3–101(a) 3 | |
| 53 | + | Section 3–101(b), 3–102(a), 3–205(a) and (c), and 12–102 3 | |
| 54 | 54 | Annotated Code of Maryland 4 | |
| 55 | 55 | (2015 Replacement Volume and 2021 Supplement) 5 | |
| 56 | 56 | ||
| 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 | |
| 57 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6 | |
| 58 | + | That the Laws of Maryland read as follows: 7 | |
| 62 | 59 | ||
| 63 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11 | |
| 64 | - | That the Laws of Maryland read as follows: 12 | |
| 60 | + | Article – Criminal Procedure 8 | |
| 65 | 61 | ||
| 66 | - | ||
| 62 | + | 16–203. 9 | |
| 67 | 63 | ||
| 68 | - | ||
| 64 | + | (a) (1) The head of the Office is the Public Defender. 10 | |
| 69 | 65 | ||
| 70 | - | ( | |
| 66 | + | (2) The Public Defender shall be appointed by the Board of Trustees. 11 | |
| 71 | 67 | ||
| 72 | - | (2) The Public Defender shall be appointed by the Board of Trustees. 16 | |
| 68 | + | (3) By a vote of at least seven members, the Board of Trustees may remove 12 | |
| 69 | + | the Public Defender for: 13 | |
| 73 | 70 | ||
| 74 | - | (3) By a vote of at least seven members, the Board of Trustees may remove 17 | |
| 75 | - | the Public Defender for: 18 | |
| 71 | + | (i) misconduct in office; 14 | |
| 76 | 72 | ||
| 77 | - | ( | |
| 73 | + | (ii) persistent failure to perform the duties of the Office; or 15 | |
| 78 | 74 | ||
| 79 | - | ( | |
| 75 | + | (iii) conduct prejudicial to the proper administration of justice. 16 | |
| 80 | 76 | ||
| 81 | - | (iii) conduct prejudicial to the proper administration of justice. 21 | |
| 77 | + | (4) To qualify for appointment as Public Defender, an individual shall be 17 | |
| 78 | + | an attorney admitted to practice law in the State by the Court of Appeals of Maryland who 18 | |
| 79 | + | has engaged in the practice of law for at least 5 years before appointment. 19 | |
| 82 | 80 | ||
| 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 | |
| 81 | + | (5) The Public Defender shall receive the same salary as a judge of a circuit 20 | |
| 82 | + | court. 21 | |
| 86 | 83 | ||
| 87 | - | (5) The Public Defender shall receive the same salary as a judge of a circuit 25 | |
| 88 | - | court. 26 | |
| 84 | + | (6) The Public Defender may not engage in the private practice of law. 22 | |
| 89 | 85 | ||
| 90 | - | ( | |
| 86 | + | (7) The Public Defender serves for a term of 6 years. 23 | |
| 91 | 87 | ||
| 92 | - | (7) The Public Defender serves for a term of 6 years. 28 | |
| 88 | + | (b) (1) With the approval of the Board of Trustees, the Public Defender shall 24 | |
| 89 | + | appoint: 25 | |
| 93 | 90 | ||
| 94 | - | (b) (1) With the approval of the Board of Trustees, the Public Defender shall 29 | |
| 95 | - | appoint: 30 | |
| 91 | + | (i) a deputy public defender WHO IS IN THE EXECUTIVE SERVIC E 26 | |
| 92 | + | OF THE STATE PERSONNEL MANAGEMENT SYSTEM; and 27 | |
| 93 | + | ||
| 94 | + | (ii) one district public defender for each district of the District Court, 28 | |
| 95 | + | EACH OF WHOM IS IN T HE MANAGEMENT SERVIC E OF THE STATE PERSONNEL 29 | |
| 96 | + | MANAGEMENT SYSTEM. 30 | |
| 96 | 97 | SENATE BILL 255 3 | |
| 97 | 98 | ||
| 98 | 99 | ||
| 99 | - | ( | |
| 100 | - | ||
| 100 | + | (2) The deputy public defender and each district public defender shall have 1 | |
| 101 | + | the same qualifications as the Public Defender. 2 | |
| 101 | 102 | ||
| 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 | |
| 103 | + | (3) A district public defender shall: 3 | |
| 105 | 104 | ||
| 106 | - | (2) The deputy public defender and each district public defender shall have 6 | |
| 107 | - | the same qualifications as the Public Defender. 7 | |
| 105 | + | (i) assist the Public Defender to perform the duties of the Office; and 4 | |
| 108 | 106 | ||
| 109 | - | (3) A district public defender shall: 8 | |
| 107 | + | (ii) subject to the supervision of the Public Defender, be in charge of 5 | |
| 108 | + | the public defender offices in the district for which the district public defender is appointed. 6 | |
| 110 | 109 | ||
| 111 | - | (i) assist the Public Defender to perform the duties of the Office; and 9 | |
| 110 | + | (c) (1) With the advice of the district public defenders, the Public Defender 7 | |
| 111 | + | may [appoint] EMPLOY assistant public defenders in accordance with the State budget. 8 | |
| 112 | 112 | ||
| 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 | |
| 113 | + | (2) To qualify for [appointment] EMPLOYMENT as an assistant public 9 | |
| 114 | + | defender, an individual shall be an attorney and admitted to practice law in the State by 10 | |
| 115 | + | the Court of Appeals of Maryland. 11 | |
| 115 | 116 | ||
| 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 | |
| 117 | + | (3) ASSISTANT PUBLIC DEFENDERS ARE IN THE PROFESSIONAL 12 | |
| 118 | + | SERVICE OF THE STATE PERSONNEL MANAGEMENT SYSTEM AND MAY BE 13 | |
| 119 | + | TERMINATED OR OTHERW ISE DISCIPLINED ONLY FOR CAUSE IN ACCORDA NCE WITH 14 | |
| 120 | + | TITLE 11 OF THE STATE PERSONNEL AND PENSIONS ARTICLE. 15 | |
| 118 | 121 | ||
| 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 | |
| 122 | + | (d) The deputy public defender[,] AND district public defenders[, and assistant 16 | |
| 123 | + | public defenders]: 17 | |
| 122 | 124 | ||
| 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 | |
| 125 | + | (1) shall serve at the pleasure of the Public Defender; and 18 | |
| 127 | 126 | ||
| 128 | - | (d) (1) The deputy public defender[,] AND district public defenders[, and 21 | |
| 129 | - | assistant public defenders]: 22 | |
| 127 | + | (2) may not engage in the private practice of criminal law. 19 | |
| 130 | 128 | ||
| 131 | - | (1) shall serve at the pleasure of the Public Defender; and. 23 | |
| 129 | + | (e) The Public Defender shall [appoint] EMPLOY investigators, stenographic 20 | |
| 130 | + | assistants, clerical assistants, and other personnel as may be required to assist the Public 21 | |
| 131 | + | Defender and the district public defenders to perform the duties of the Office in accordance 22 | |
| 132 | + | with the State budget. 23 | |
| 132 | 133 | ||
| 133 | - | (2) THE DEPUTY PUBLIC DEF ENDER, DISTRICT PUBLI C DEFENDERS , 24 | |
| 134 | - | AND ASSISTANT PUBLIC DEFENDERS may not engage in the private practice of criminal 25 | |
| 135 | - | law. 26 | |
| 134 | + | (F) (1) SUBJECT TO SUBSECTIONS (B)(1) AND (C)(3) OF THIS SECTION , 24 | |
| 135 | + | ALL OTHER POSITIONS IN THE OFFICE ARE IN THE EXE CUTIVE, MANAGEMENT , 25 | |
| 136 | + | PROFESSIONAL , OR SKILLED SERVICE O F THE STATE PERSONNEL MANAGEMENT 26 | |
| 137 | + | SYSTEM. 27 | |
| 136 | 138 | ||
| 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 | |
| 139 | + | (2) EMPLOYEES IN THE PROF ESSIONAL OR SKILLED SERVICE MAY BE 28 | |
| 140 | + | TERMINATED OR OTHERW ISE DISCIPLINED ONLY FOR CAUSE IN ACCORDA NCE WITH 29 | |
| 141 | + | TITLE 11 OF THE STATE PERSONNEL AND PENSIONS ARTICLE. 30 | |
| 141 | 142 | ||
| 142 | - | ( | |
| 143 | - | ||
| 143 | + | [(f)] (G) (1) Subject to paragraph (2) of this subsection, the Public Defender 31 | |
| 144 | + | shall establish and maintain suitable offices in the State. 32 4 SENATE BILL 255 | |
| 144 | 145 | ||
| 145 | 146 | ||
| 146 | - | PROFESSIONAL , OR SKILLED SERVICE O F THE STATE PERSONNEL MANAGEMENT 1 | |
| 147 | - | SYSTEM. 2 | |
| 148 | 147 | ||
| 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 | |
| 148 | + | (2) At least one Public Defender’s office shall be in each district. 1 | |
| 152 | 149 | ||
| 153 | - | [( | |
| 154 | - | shall | |
| 150 | + | [(g)] (H) The number of positions, compensation, and expenses for the Office 2 | |
| 151 | + | shall be in accordance with the State budget. 3 | |
| 155 | 152 | ||
| 156 | - | ||
| 153 | + | Article – State Personnel and Pensions 4 | |
| 157 | 154 | ||
| 158 | - | [(g)] (H) The number of positions, compensation, and expenses for the Office 9 | |
| 159 | - | shall be in accordance with the State budget. 10 | |
| 155 | + | 3–101. 5 | |
| 160 | 156 | ||
| 161 | - | ||
| 157 | + | (a) In this title the following words have the meanings indicated. 6 | |
| 162 | 158 | ||
| 163 | - | ||
| 159 | + | (b) “Board” means: 7 | |
| 164 | 160 | ||
| 165 | - | (a) In this title the following words have the meanings indicated. 13 | |
| 161 | + | (1) with regard to any matter relating to employees of any of the units of 8 | |
| 162 | + | State government described in § 3–102(a)(1)(i) through (iv) and (vi) through [(xi)] (XII) of 9 | |
| 163 | + | this subtitle and employees described in § 3–102(a)(2) and (3) of this subtitle, the State 10 | |
| 164 | + | Labor Relations Board; and 11 | |
| 166 | 165 | ||
| 167 | - | (b) “Board” means: 14 | |
| 166 | + | (2) with regard to any matter relating to employees of any State institution 12 | |
| 167 | + | of higher education described in § 3–102(a)(1)(v) of this subtitle, the State Higher Education 13 | |
| 168 | + | Labor Relations Board. 14 | |
| 168 | 169 | ||
| 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 | |
| 170 | + | 3–102. 15 | |
| 173 | 171 | ||
| 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 | |
| 172 | + | (a) Except as provided in this title or as otherwise provided by law, this title 16 | |
| 173 | + | applies to: 17 | |
| 177 | 174 | ||
| 178 | - | ||
| 175 | + | (1) all employees of: 18 | |
| 179 | 176 | ||
| 180 | - | ( | |
| 181 | - | ||
| 177 | + | (i) the principal departments within the Executive Branch of State 19 | |
| 178 | + | government; 20 | |
| 182 | 179 | ||
| 183 | - | ( | |
| 180 | + | (ii) the Maryland Insurance Administration; 21 | |
| 184 | 181 | ||
| 185 | - | (i) the principal departments within the Executive Branch of State 26 | |
| 186 | - | government; 27 | |
| 182 | + | (iii) the State Department of Assessments and Taxation; 22 | |
| 187 | 183 | ||
| 188 | - | ( | |
| 184 | + | (iv) the State Lottery and Gaming Control Agency; 23 | |
| 189 | 185 | ||
| 190 | - | (iii) the State Department of Assessments and Taxation; 29 | |
| 186 | + | (v) the University System of Maryland, Morgan State University, 24 | |
| 187 | + | St. Mary’s College of Maryland, and Baltimore City Community College; 25 | |
| 188 | + | ||
| 189 | + | (vi) the Comptroller; 26 | |
| 190 | + | ||
| 191 | + | (vii) the Maryland Transportation Authority who are not police 27 | |
| 192 | + | officers; 28 | |
| 191 | 193 | SENATE BILL 255 5 | |
| 192 | 194 | ||
| 193 | 195 | ||
| 194 | - | ( | |
| 196 | + | (viii) the State Retirement Agency; 1 | |
| 195 | 197 | ||
| 196 | - | (v) the University System of Maryland, Morgan State University, 2 | |
| 197 | - | St. Mary’s College of Maryland, and Baltimore City Community College; 3 | |
| 198 | + | (ix) the State Department of Education; 2 | |
| 198 | 199 | ||
| 199 | - | ( | |
| 200 | + | (x) the Maryland Environmental Service; [and] 3 | |
| 200 | 201 | ||
| 201 | - | (vii) the Maryland Transportation Authority who are not police 5 | |
| 202 | - | officers; 6 | |
| 202 | + | (xi) the Maryland School for the Deaf; AND 4 | |
| 203 | 203 | ||
| 204 | - | ( | |
| 204 | + | (XII) THE OFFICE OF THE PUBLIC DEFENDER; 5 | |
| 205 | 205 | ||
| 206 | - | (ix) the State Department of Education; 8 | |
| 206 | + | (2) firefighters for the Martin State Airport at the rank of captain or below 6 | |
| 207 | + | who are employed by the Military Department; and 7 | |
| 207 | 208 | ||
| 208 | - | (x) the Maryland Environmental Service; [and] 9 | |
| 209 | + | (3) all full–time Maryland Transportation Authority police officers at the 8 | |
| 210 | + | rank of first sergeant and below. 9 | |
| 209 | 211 | ||
| 210 | - | ||
| 212 | + | 3–205. 10 | |
| 211 | 213 | ||
| 212 | - | (XII) THE OFFICE OF THE PUBLIC DEFENDER; 11 | |
| 214 | + | (a) The Board is responsible for administering and enforcing provisions of this 11 | |
| 215 | + | title relating to employees described in § 3–102(a)(1)(i) through (iv) and (vi) through [(xi)] 12 | |
| 216 | + | (XII), (2), and (3) of this title. 13 | |
| 213 | 217 | ||
| 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 | |
| 218 | + | (c) (1) The Board may not designate a unique bargaining unit for each of the 14 | |
| 219 | + | units of government identified in § 3–102(a)(1)(vi) through (ix) AND (XII) and (2) of this 15 | |
| 220 | + | title. 16 | |
| 216 | 221 | ||
| 217 | - | (3) all full–time Maryland Transportation Authority police officers at the 14 | |
| 218 | - | rank of first sergeant and below. 15 | |
| 222 | + | (2) At the request of the exclusive representative, the Board shall: 17 | |
| 219 | 223 | ||
| 220 | - | 3–205. 16 | |
| 224 | + | (i) EXCEPT AS PROVIDED I N PARAGRAPH (4) OF THIS 18 | |
| 225 | + | SUBSECTION, determine the appropriate existing bargaining unit into which to assign 19 | |
| 226 | + | each employee in the units of government identified in § 3–102(a)(1)(vi) through (ix) AND 20 | |
| 227 | + | (XII) and (2) of this title; and 21 | |
| 221 | 228 | ||
| 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 | |
| 229 | + | (ii) accrete all positions to appropriate existing bargaining units. 22 | |
| 225 | 230 | ||
| 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 | |
| 231 | + | (3) (i) Notwithstanding Subtitle 4 of this title, at the request of the 23 | |
| 232 | + | exclusive representative, the Board shall conduct a self–determination election for each 24 | |
| 233 | + | bargaining unit representative for the accreted employees in units of government identified 25 | |
| 234 | + | in § 3–102(a)(1)(vi) through (ix) AND (XII) and (2) of this title. 26 | |
| 229 | 235 | ||
| 230 | - | ( | |
| 236 | + | (ii) All elections shall be conducted by secret ballot. 27 | |
| 231 | 237 | ||
| 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 | |
| 238 | + | (iii) For each election, the Board shall place the following choices on 28 | |
| 239 | + | the ballot: 29 | |
| 236 | 240 | ||
| 237 | - | (ii) accrete all positions to appropriate existing bargaining units. 28 | |
| 238 | - | 6 SENATE BILL 255 | |
| 241 | + | 1. the name of the incumbent exclusive representative; and 30 6 SENATE BILL 255 | |
| 239 | 242 | ||
| 240 | 243 | ||
| 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 | |
| 245 | 244 | ||
| 246 | - | | |
| 245 | + | 2. a provision for “no exclusive representative”. 1 | |
| 247 | 246 | ||
| 248 | - | ( | |
| 249 | - | ||
| 247 | + | (4) THE BOARD SHALL ACCRETE P OSITIONS TO EXISTING 2 | |
| 248 | + | BARGAINING UNITS AS FOLLOWS: 3 | |
| 250 | 249 | ||
| 251 | - | 1. the name of the incumbent exclusive representative; and 8 | |
| 250 | + | (I) ASSISTANT PUBLIC DEF ENDERS, INTAKE SPECIALISTS , AND 4 | |
| 251 | + | INVESTIGATORS IN THE OFFICE OF THE PUBLIC DEFENDER INTO BARGAIN ING UNIT 5 | |
| 252 | + | F FOR SOCIAL AND HUMAN SERVICES PROFESSIONALS ; AND 6 | |
| 252 | 253 | ||
| 253 | - | 2. a provision for “no exclusive representative”. 9 | |
| 254 | + | (II) ALL OTHER POSITIONS IN THE OFFICE OF THE PUBLIC 7 | |
| 255 | + | DEFENDER INTO APPROPR IATE EXISTING BARGAI NING UNITS AS DETERM INED BY 8 | |
| 256 | + | THE BOARD. 9 | |
| 254 | 257 | ||
| 255 | - | (4) THE BOARD SHALL ACCRETE P OSITIONS TO EXISTING 10 | |
| 256 | - | BARGAINING UNITS AS FOLLOWS: 11 | |
| 258 | + | 12–102. 10 | |
| 257 | 259 | ||
| 258 | - | ( | |
| 259 | - | ||
| 260 | - | ||
| 260 | + | (a) Except as otherwise provided by law, this title applies to all employees in the 11 | |
| 261 | + | State Personnel Management System within the Executive Branch and independent 12 | |
| 262 | + | personnel systems. 13 | |
| 261 | 263 | ||
| 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 | |
| 264 | + | (b) This title does not apply to: 14 | |
| 265 | 265 | ||
| 266 | - | 12–102. 18 | |
| 266 | + | (1) an employee who is appointed by the Governor whose appointment 15 | |
| 267 | + | requires the Governor’s approval; 16 | |
| 267 | 268 | ||
| 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 | |
| 269 | + | (2) an employee in the executive service of the State Personnel 17 | |
| 270 | + | Management System; 18 | |
| 271 | 271 | ||
| 272 | - | ( | |
| 272 | + | (3) a temporary employee; 19 | |
| 273 | 273 | ||
| 274 | - | ( | |
| 275 | - | ||
| 274 | + | (4) an attorney in the Office of the Attorney General [or the Office of the 20 | |
| 275 | + | Public Defender]; 21 | |
| 276 | 276 | ||
| 277 | - | (2) an employee in the executive service of the State Personnel 25 | |
| 278 | - | Management System; 26 | |
| 277 | + | (5) a State Police officer; 22 | |
| 279 | 278 | ||
| 280 | - | (3) a temporary employee; 27 | |
| 279 | + | (6) an employee under § 7–601 of the Transportation Article who is subject 23 | |
| 280 | + | to a collective bargaining agreement that contains another grievance procedure; 24 | |
| 281 | 281 | ||
| 282 | - | ( | |
| 283 | - | ||
| 282 | + | (7) an employee, including a member of a faculty, who is subject to a 25 | |
| 283 | + | contract or regulation governing teacher tenure; 26 | |
| 284 | 284 | ||
| 285 | - | (5) a State Police officer; 30 | |
| 285 | + | (8) a member of the faculty, an officer, or an administrative employee of 27 | |
| 286 | + | Baltimore City Community College; 28 | |
| 287 | + | ||
| 288 | + | (9) a student employee; 29 | |
| 286 | 289 | SENATE BILL 255 7 | |
| 287 | 290 | ||
| 288 | 291 | ||
| 289 | - | ( | |
| 290 | - | ||
| 292 | + | (10) an individual who, as an inmate or patient in an institution, is 1 | |
| 293 | + | employed by the State; or 2 | |
| 291 | 294 | ||
| 292 | - | (7) an employee, including a member of a faculty, who is subject to a 3 | |
| 293 | - | contract or regulation governing teacher tenure; 4 | |
| 295 | + | (11) an administrative law judge in the Office of Administrative Hearings. 3 | |
| 294 | 296 | ||
| 295 | - | (8) a member of the faculty, an officer, or an administrative employee of 5 | |
| 296 | - | Baltimore City Community College; 6 | |
| 297 | + | SECTION 2. AND BE IT FURTHER ENACTED, That on or before January 1, 2023, 4 | |
| 298 | + | the Secretary of Budget and Management shall assign each appointee or employee of the 5 | |
| 299 | + | Office of the Public Defender to the appropriate employment category in accordance with 6 | |
| 300 | + | Section 1 of this Act. 7 | |
| 297 | 301 | ||
| 298 | - | (9) a student employee; 7 | |
| 302 | + | SECTION 3. AND BE IT FURTHER ENACTED, That, notwithstanding any other 8 | |
| 303 | + | provision of law, any appointee or employee transferred to the State Personnel 9 | |
| 304 | + | Management System or assigned to a bargaining unit in accordance with this Act may not 10 | |
| 305 | + | receive a change in pay or benefits in the course of or as a result of the transfer or 11 | |
| 306 | + | assignment, except to be placed on a new salary schedule at a grade and step that results 12 | |
| 307 | + | in an increase in annual rate of pay or benefits. 13 | |
| 299 | 308 | ||
| 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 | |
| 309 | + | SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 14 | |
| 310 | + | October 1, 2022. 15 | |
| 319 | 311 | ||
| 320 | 312 | ||
| 321 | 313 | ||
| 322 | - | ||
| 323 | - | Approved: | |
| 324 | - | ________________________________________________________________________________ | |
| 325 | - | Governor. | |
| 326 | - | ________________________________________________________________________________ | |
| 327 | - | President of the Senate. | |
| 328 | - | ________________________________________________________________________________ | |
| 329 | - | Speaker of the House of Delegates. |