MD
Maryland Senate Bill SB79

Maryland 2023 Regular Session

Maryland Senate Bill SB79 Compare Versions

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1- WES MOORE, Governor Ch. 232
21
3-– 1 –
4-Chapter 232
5-(Senate Bill 79)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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+ *sb0079*
89
9-State Personnel – Education and Transportation – Grievance Procedures
10+SENATE BILL 79
11+P4, R2, F5 3lr0913
12+ (PRE–FILED) CF HB 184
13+By: Senator Kramer
14+Requested: November 18, 2022
15+Introduced and read first time: January 11, 2023
16+Assigned to: Finance
17+Committee Report: Favorable with amendments
18+Senate action: Adopted
19+Read second time: February 26, 2023
1020
11-FOR the purpose of authorizing a certain employee or a certain exclusive representative to
12-initiate a grievance procedure under certain provisions of law; prohibiting the
13-dismissal of a grievance concerning wages for a certain reason; requiring certain
14-decision makers in a grievance procedure in certain higher education systems to
15-award certain damages under certain circumstances; requiring certain employee
16-grievance procedures and personnel systems to include certain redress for certain
17-violations; requiring regulations adopted by the Secretary of Transportation to be
18-consistent with certain provisions of law and include certain redress for certain
19-violations; and generally relating to grievance procedures for State personnel and
20-education and transportation employees.
21+CHAPTER ______
2122
22-BY repealing and reenacting, with amendments,
23- Article – State Personnel and Pensions
24-Section 2–407
25- Annotated Code of Maryland
26- (2015 Replacement Volume and 2022 Supplement)
23+AN ACT concerning 1
2724
28-BY repealing and reenacting, with amendments,
29- Article – Education
30-Section 13–201(c), 13–203(e), 14–408, and 16–510(a)
31- Annotated Code of Maryland
32- (2022 Replacement Volume)
25+State Personnel – Education and Transportation – Grievance Procedures 2
3326
34-BY adding to
35- Article – Education
36-Section 14–302(h)
37- Annotated Code of Maryland
38- (2022 Replacement Volume)
27+FOR the purpose of authorizing a certain employee or a certain exclusive representative to 3
28+initiate a grievance procedure under certain provisions of law; prohibiting the 4
29+dismissal of a grievance concerning wages for a certain reason; requiring certain 5
30+decision makers in a grievance procedure in certain higher education systems to 6
31+award certain damages under certain circumstances; requiring certain employee 7
32+grievance procedures and personnel systems to include certain redress for certain 8
33+violations; requiring regulations adopted by the Secretary of Transportation to be 9
34+consistent with certain provisions of law and include certain redress for certain 10
35+violations; and generally relating to grievance procedures for State personnel and 11
36+education and transportation employees. 12
3937
40-BY repealing and reenacting, with amendments,
41- Article – Transportation
42-Section 2–103.4(d)
43- Annotated Code of Maryland
44- (2020 Replacement Volume and 2022 Supplement)
38+BY repealing and reenacting, with amendments, 13
39+ Article – State Personnel and Pensions 14
40+Section 2–407 15
41+ Annotated Code of Maryland 16
42+ (2015 Replacement Volume and 2022 Supplement) 17
4543
46- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
47-That the Laws of Maryland read as follows:
44+BY repealing and reenacting, with amendments, 18
45+ Article – Education 19
46+Section 13–201(c), 13–203(e), 14–408, and 16–510(a) 20
47+ Annotated Code of Maryland 21
48+ (2022 Replacement Volume) 22 2 SENATE BILL 79
4849
49-Article – State Personnel and Pensions Ch. 232 2023 LAWS OF MARYLAND
5050
51-– 2 –
5251
53-2–407.
52+BY adding to 1
53+ Article – Education 2
54+Section 14–302(h) 3
55+ Annotated Code of Maryland 4
56+ (2022 Replacement Volume) 5
5457
55- (a) If an appointing authority does not report payroll information in accordance
56-with § 2–402 of this subtitle, the employee or the employee’s exclusive representative may
57-initiate a grievance under the grievance procedure established under:
58+BY repealing and reenacting, with amendments, 6
59+ Article – Transportation 7
60+Section 2–103.4(d) 8
61+ Annotated Code of Maryland 9
62+ (2020 Replacement Volume and 2022 Supplement) 10
5863
59- (1) Title 12, Subtitle 2 of this article;
64+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
65+That the Laws of Maryland read as follows: 12
6066
61- (2) TITLE 13, SUBTITLE 2 OF THE EDUCATION ARTICLE;
67+Article – State Personnel and Pensions 13
6268
63- (3) TITLE 14, SUBTITLE 3 OF THE EDUCATION ARTICLE;
69+2–407. 14
6470
65- (4) § 14–408 OF THE EDUCATION ARTICLE;
71+ (a) If an appointing authority does not report payroll information in accordance 15
72+with § 2–402 of this subtitle, the employee or the employee’s exclusive representative may 16
73+initiate a grievance under the grievance procedure established under: 17
6674
67- (5) § 16–510(A) OF THE EDUCATION ARTICLE;
75+ (1) Title 12, Subtitle 2 of this article; 18
6876
69- (6) § 2–103.4 OF THE TRANSPORTATION ARTICLE;
77+ (2) TITLE 13, SUBTITLE 2 OF THE EDUCATION ARTICLE; 19
7078
71- (7) ANY OTHER APPLICABLE GRIEVANCE PROCEDURE ; OR
79+ (3) TITLE 14, SUBTITLE 3 OF THE EDUCATION ARTICLE; 20
7280
73- (8) ANY OTHER APPLICABLE COLLECTIVE BARGAININ G AGREEMENT .
81+ (4) § 14–408 OF THE EDUCATION ARTICLE; 21
7482
75- (b) (1) Except as provided in paragraph (2) of this subsection, and
76-notwithstanding [§ 12–203 of this article] ANY STATUTORY OR REG ULATORY DEADLINE
77-IN ANY GRIEVANCE PRO CEDURE LISTED UNDER SUBSECTION (A) OF THIS SECTION ,
78-a grievance under subsection (a) of this section shall be initiated within 20 days after the
79-failure to pay occurred.
83+ (5) § 16–510(A) OF THE EDUCATION ARTICLE; 22
8084
81- (2) If the failure to pay is not known to, or discovered by, the employee
82-within 20 days after the failure to pay occurs, a grievance under subsection (a) of this
83-section may be initiated no later than 6 months after the date on which the failure to pay
84-occurred.
85+ (6) § 2–103.4 OF THE TRANSPORTATION ARTICLE; 23
8586
86- (c) (1) Subject to paragraphs (2) and (3) of this subsection, if a grievance is
87-initiated in accordance with subsection (a) of this section, an employee is entitled to wages
88-and damages unless the wage is withheld as a result of a bona fide dispute.
87+ (7) ANY OTHER APPLICABLE GRIEVANCE PROCEDURE ; OR 24
8988
90- (2) If the grievance was filed:
89+ (8) ANY OTHER APPLICABLE COLLECTIVE BARGAININ G AGREEMENT . 25
9190
92- (i) in the first 3 business days of a pay period, then damages shall
93-start in the following regular pay period; or
94- WES MOORE, Governor Ch. 232
91+ (b) (1) Except as provided in paragraph (2) of this subsection, and 26
92+notwithstanding [§ 12–203 of this article] ANY STATUTORY OR REG ULATORY DEADLINE 27
93+IN ANY GRIEVANCE PRO CEDURE LISTED UNDER SUBSECTION (A) OF THIS SECTION , 28
94+a grievance under subsection (a) of this section shall be initiated within 20 days after the 29
95+failure to pay occurred. 30
96+ SENATE BILL 79 3
9597
96-– 3 –
97- (ii) after the third business day of a pay period, then the damages
98-shall start in the second regular pay period following the pay period in which the employee
99-was not paid the employee’s full wage.
10098
101- (3) The damages under paragraph (1) of this subsection:
99+ (2) If the failure to pay is not known to, or discovered by, the employee 1
100+within 20 days after the failure to pay occurs, a grievance under subsection (a) of this 2
101+section may be initiated no later than 6 months after the date on which the failure to pay 3
102+occurred. 4
102103
103- (i) may not begin until at least 1 regular pay period has elapsed
104-since the employee was not paid the employee’s full wage due for a pay period;
104+ (c) (1) Subject to paragraphs (2) and (3) of this subsection, if a grievance is 5
105+initiated in accordance with subsection (a) of this section, an employee is entitled to wages 6
106+and damages unless the wage is withheld as a result of a bona fide dispute. 7
105107
106- (ii) shall increase per pay period by 30% of the wage that the
107-appointing authority failed to report;
108+ (2) If the grievance was filed: 8
108109
109- (iii) shall continue until the pay period when the appointing
110-authority reports the missing wages and damages, if any, to the Central Payroll Bureau;
111-and
110+ (i) in the first 3 business days of a pay period, then damages shall 9
111+start in the following regular pay period; or 10
112112
113- (iv) may not exceed 3 times the amount of wage due that the
114-appointing authority failed to report for a pay period.
113+ (ii) after the third business day of a pay period, then the damages 11
114+shall start in the second regular pay period following the pay period in which the employee 12
115+was not paid the employee’s full wage. 13
115116
116- (D) NOTWITHSTANDING THE D EFINITION OF GRIEVAN CE UNDER §
117-13–201(C)(2) OF THE EDUCATION ARTICLE, A GRIEVANCE CONCERNI NG WAGES AS
118-DEFINED BY § 2–402(C)(1) OF THIS SUBTITLE , MAY NOT BE DENIED OR DISMISSED
119-BECAUSE THE GRIEVANC E RELATES TO:
117+ (3) The damages under paragraph (1) of this subsection: 14
120118
121- (1) GENERAL LEVELS OF WA GES;
119+ (i) may not begin until at least 1 regular pay period has elapsed 15
120+since the employee was not paid the employee’s full wage due for a pay period; 16
122121
123- (2) WAGE PATTERNS ;
122+ (ii) shall increase per pay period by 30% of the wage that the 17
123+appointing authority failed to report; 18
124124
125- (3) FRINGE BENEFITS ; OR
125+ (iii) shall continue until the pay period when the appointing 19
126+authority reports the missing wages and damages, if any, to the Central Payroll Bureau; 20
127+and 21
126128
127- (4) OTHER BROAD AREAS OF FINANCIAL MANAGEMENT AND
128-STAFFING.
129+ (iv) may not exceed 3 times the amount of wage due that the 22
130+appointing authority failed to report for a pay period. 23
129131
130-Article – Education
132+ (D) NOTWITHSTANDING THE D EFINITION OF GRIEVAN CE UNDER § 24
133+13–201(C)(2) OF THE EDUCATION ARTICLE, A GRIEVANCE CONCERNI NG WAGES AS 25
134+DEFINED BY § 2–402(C)(1) OF THIS SUBTITLE , MAY NOT BE DENIED OR DISMISSED 26
135+BECAUSE THE GRIEVANC E RELATES TO: 27
131136
132-13–201.
137+ (1) GENERAL LEVELS OF WA GES; 28
133138
134- (c) (1) “Grievance” means any cause of complaint arising between a regular
135-full–time or part–time employee and the University on a matter concerning discipline,
136-alleged discrimination, promotion, assignment, or interpretation or application of
137-University rules or departmental procedures over which the University management has
138-control.
139- Ch. 232 2023 LAWS OF MARYLAND
139+ (2) WAGE PATTERNS ; 29
140140
141-– 4 –
142- (2) “GRIEVANCE” INCLUDES, NOTWITHSTANDING ANY OTHER
143-PROVISION OF THIS SU BSECTION, A CAUSE OF COMPLAINT ARISING UNDER §§ 2–402
144-AND 2–407 OF THE STATE PERSONNEL AND PENSIONS ARTICLE.
141+ (3) FRINGE BENEFITS ; OR 30
145142
146- [(2)] (3) “Grievance” does not include:
143+ (4) OTHER BROAD AREAS OF FINANCIAL MANAGEMENT AND 31
144+STAFFING. 32 4 SENATE BILL 79
147145
148- (i) Complaints on the general level of wages, wage patterns, fringe
149-benefits, or other broad areas of financial management and staffing; or
150146
151- (ii) Any cause of complaint by any employee who is not represented
152-by an exclusive representative under Title 3 of the State Personnel and Pensions Article.
153147
154-13–203.
148+Article – Education 1
155149
156- (e) (1) The Chancellor or administrative law judge, as appropriate, shall have
157-the power to award back pay in any grievance and the president of the constituent
158-institution shall enforce such order. In any reclassification case in which the Chancellor or
159-administrative law judge, as appropriate, or his designated representative, determines that
160-an employee has been misclassified, the Chancellor or administrative law judge, as
161-appropriate, may, in his discretion, award back pay to the employee for a period not to
162-exceed one year prior to the initial filing of the grievance.
150+13–201. 2
163151
164- (2) AFTER A FINDING THAT WAGES WERE WITHHELD IN VIOLATION OF
165-§§ 2–402 AND 2–407 OF THE STATE PERSONNEL AND PENSIONS ARTICLE, THE
166-DECISION MAKER IN A GRIEVANCE PROCEDURE SHALL AWARD THE PAYM ENT OF
167-DAMAGES IN ACCORDANC E WITH § 2–407 OF THE STATE PERSONNEL AND PENSIONS
168-ARTICLE.
152+ (c) (1) “Grievance” means any cause of complaint arising between a regular 3
153+full–time or part–time employee and the University on a matter concerning discipline, 4
154+alleged discrimination, promotion, assignment, or interpretation or application of 5
155+University rules or departmental procedures over which the University management has 6
156+control. 7
169157
170-14–302.
158+ (2) “GRIEVANCE” INCLUDES, NOTWITHSTANDING ANY OTHER 8
159+PROVISION OF THIS SU BSECTION, A CAUSE OF COMPLAINT ARISING UNDER §§ 2–402 9
160+AND 2–407 OF THE STATE PERSONNEL AND PENSIONS ARTICLE. 10
171161
172- (H) AFTER A FINDING THAT WAGES WERE WITHHELD IN VIOLATION OF §§
173-2–402 AND 2–407 OF THE STATE PERSONNEL AND PENSIONS ARTICLE, THE
174-DECISION MAKER IN A GRIEVANCE PROCEDURE SHALL AWARD THE PAYM ENT OF
175-DAMAGES IN ACCORDANC E WITH § 2–407 OF THE STATE PERSONNEL AND PENSIONS
176-ARTICLE.
162+ [(2)] (3) “Grievance” does not include: 11
177163
178-14–408.
164+ (i) Complaints on the general level of wages, wage patterns, fringe 12
165+benefits, or other broad areas of financial management and staffing; or 13
179166
180- (a) (1) (i) On the recommendation of the President, and in accordance with
181-the requirements of Title 3 of the State Personnel and Pensions Article, the Board of
182-Trustees of St. Mary’s College of Maryland shall establish a personnel system.
167+ (ii) Any cause of complaint by any employee who is not represented 14
168+by an exclusive representative under Title 3 of the State Personnel and Pensions Article. 15
183169
184- (ii) The personnel system established under subparagraph (i) of this
185-paragraph shall include provisions for consideration of hiring a contractual employee to fill WES MOORE, Governor Ch. 232
170+13–203. 16
186171
187-– 5 –
188-a vacant position in the same or similar classification in which the contractual employee is
189-employed.
172+ (e) (1) The Chancellor or administrative law judge, as appropriate, shall have 17
173+the power to award back pay in any grievance and the president of the constituent 18
174+institution shall enforce such order. In any reclassification case in which the Chancellor or 19
175+administrative law judge, as appropriate, or his designated representative, determines that 20
176+an employee has been misclassified, the Chancellor or administrative law judge, as 21
177+appropriate, may, in his discretion, award back pay to the employee for a period not to 22
178+exceed one year prior to the initial filing of the grievance. 23
190179
191- (2) To carry out the requirements of this section, the Board:
180+ (2) AFTER A FINDING THAT WAGES WERE WITHHELD IN VIOLATION OF 24
181+§§ 2–402 AND 2–407 OF THE STATE PERSONNEL AND PENSIONS ARTICLE, THE 25
182+DECISION MAKER IN A GRIEVANCE PROCEDURE SHALL AWARD THE PAYM ENT OF 26
183+DAMAGES IN ACCORDANC E WITH § 2–407 OF THE STATE PERSONNEL AND PENSIONS 27
184+ARTICLE. 28
192185
193- (i) May establish and abolish positions;
186+14–302. 29
194187
195- (ii) May determine employee qualifications;
188+ (H) AFTER A FINDING THAT WAGES WERE WITHHELD IN VIOLATION OF §§ 30
189+2–402 AND 2–407 OF THE STATE PERSONNEL AND PENSIONS ARTICLE, THE 31
190+DECISION MAKER IN A GRIEVANCE PROCEDURE SHALL AWARD THE PAYM ENT OF 32
191+DAMAGES IN ACCORDANC E WITH § 2–407 OF THE STATE PERSONNEL AND PENSIONS 33
192+ARTICLE. 34 SENATE BILL 79 5
196193
197- (iii) May establish terms of employment, including compensation,
198-benefits, holiday schedules, and leave policies;
199194
200- (iv) May determine any other matters concerning employees; and
201195
202- (v) Shall designate one or more representatives to participate as a
203-party in collective bargaining on behalf of the College in accordance with Title 3 of the State
204-Personnel and Pensions Article.
196+14–408. 1
205197
206- (b) The personnel system shall provide fair and equitable procedures for:
198+ (a) (1) (i) On the recommendation of the President, and in accordance with 2
199+the requirements of Title 3 of the State Personnel and Pensions Article, the Board of 3
200+Trustees of St. Mary’s College of Maryland shall establish a personnel system. 4
207201
208- (1) The redress of employee grievances; and
202+ (ii) The personnel system established under subparagraph (i) of this 5
203+paragraph shall include provisions for consideration of hiring a contractual employee to fill 6
204+a vacant position in the same or similar classification in which the contractual employee is 7
205+employed. 8
209206
210- (2) The hiring, promotion, and termination of employees in accordance
211-with law.
207+ (2) To carry out the requirements of this section, the Board: 9
212208
213- (c) THE EMPLOYEE GRIEVANC E PROCEDURES SHALL INCLUDE REDRES S OF
214-ANY VIOLATION OF TITLE 2, SUBTITLE 4 OF THE STATE PERSONNEL AND PENSIONS
215-ARTICLE, INCLUDING THE AWARD AND PAYMENT OF DAMAG ES.
209+ (i) May establish and abolish positions; 10
216210
217- (D) (1) Except as provided in paragraph (2) of this subsection, an employee of
218-the College qualifies for and shall participate in the Employees’ Pension System of the State
219-of Maryland or the Teachers’ Pension System of the State of Maryland.
211+ (ii) May determine employee qualifications; 11
220212
221- (2) An employee in a position determined by the Board to be a professional
222-or faculty position may join the optional retirement program under Title 30 of the State
223-Personnel and Pensions Article.
213+ (iii) May establish terms of employment, including compensation, 12
214+benefits, holiday schedules, and leave policies; 13
224215
225-16–510.
216+ (iv) May determine any other matters concerning employees; and 14
226217
227- (a) (1) All employees of the College are in an independent personnel system.
218+ (v) Shall designate one or more representatives to participate as a 15
219+party in collective bargaining on behalf of the College in accordance with Title 3 of the State 16
220+Personnel and Pensions Article. 17
228221
229- (2) The personnel system established under this subsection shall include
230-provisions for [consideration]:
231- Ch. 232 2023 LAWS OF MARYLAND
222+ (b) The personnel system shall provide fair and equitable procedures for: 18
232223
233-– 6 –
234- (I) CONSIDERATION of hiring a contractual employee to fill a
235-vacant position in the same or similar classification in which the contractual employee is
236-employed; AND
224+ (1) The redress of employee grievances; and 19
237225
238- (II) REDRESS OF ANY VIOLAT ION OF TITLE 2, SUBTITLE 4 OF
239-THE STATE PERSONNEL AND PENSIONS ARTICLE, INCLUDING THE AWARD AND
240-PAYMENT OF DAMAGES .
226+ (2) The hiring, promotion, and termination of employees in accordance 20
227+with law. 21
241228
242-Article – Transportation
229+ (c) THE EMPLOYEE GRIEVANC E PROCEDURES SHA LL INCLUDE REDRESS O F 22
230+ANY VIOLATION OF TITLE 2, SUBTITLE 4 OF THE STATE PERSONNEL AND PENSIONS 23
231+ARTICLE, INCLUDING THE AWARD AND PAYMENT OF DAMAG ES. 24
243232
244-2–103.4.
233+ (D) (1) Except as provided in paragraph (2) of this subsection, an employee of 25
234+the College qualifies for and shall participate in the Employees’ Pension System of the State 26
235+of Maryland or the Teachers’ Pension System of the State of Maryland. 27
245236
246- (d) (1) The Secretary shall adopt regulations to govern the human resources
247-management system established under this section.
237+ (2) An employee in a position determined by the Board to be a professional 28
238+or faculty position may join the optional retirement program under Title 30 of the State 29
239+Personnel and Pensions Article. 30
248240
249- (2) The regulations shall address procedures for leave, appointment,
250-hiring, promotion, layoff, removal, termination, redress of grievances, as defined in §
251-12–101 of the State Personnel and Pensions Article AND CONSISTENT WITH § 2–407 OF
252-THE STATE PERSONNEL AND PENSIONS ARTICLE, and reinstatement of employees and
253-shall be presented to the Joint Committee on Administrative, Executive, and Legislative
254-Review under Title 10, Subtitle 1 of the State Government Article.
241+16–510. 31 6 SENATE BILL 79
255242
256- (3) The regulations shall provide that before taking any disciplinary action
257-related to employee misconduct, an appointing authority or designated representative
258-shall:
259243
260- (i) Investigate the alleged misconduct;
261244
262- (ii) Meet with the employee;
245+ (a) (1) All employees of the College are in an independent personnel system. 1
263246
264- (iii) Consider any mitigating circumstances;
247+ (2) The personnel system established under this subsection shall include 2
248+provisions for [consideration]: 3
265249
266- (iv) Determine the appropriate disciplinary action, if any, to be
267-imposed; and
250+ (I) CONSIDERATION of hiring a contractual employee to fill a 4
251+vacant position in the same or similar classification in which the contractual employee is 5
252+employed; AND 6
268253
269- (v) Give the employee a written notice of the disciplinary action to
270-be taken and the employee’s appeal rights.
254+ (II) REDRESS OF ANY VIOLAT ION OF TITLE 2, SUBTITLE 4 OF 7
255+THE STATE PERSONNEL AND PENSIONS ARTICLE, INCLUDING THE AWARD AND 8
256+PAYMENT OF DAMAGES . 9
271257
272- (4) (i) The regulations shall provide that the appointing authority or
273-designated representative may suspend an employee, with or without pay, pending the
274-filing of charges for termination.
258+Article – Transportation 10
275259
276- (ii) If an employee is suspended without pay, the appointing
277-authority or designated representative shall provide to the Secretary the charges for
278-termination within 30 calendar days after the first day of the suspension period. WES MOORE, Governor Ch. 232
260+2–103.4. 11
279261
280-– 7 –
262+ (d) (1) The Secretary shall adopt regulations to govern the human resources 12
263+management system established under this section. 13
281264
282- (iii) If the appointing authority or designated representative files the
283-charges for termination after the 30–day period described in subparagraph (ii) of this
284-paragraph, the employee shall be placed on leave with pay until the Secretary receives the
285-charges.
265+ (2) The regulations shall address procedures for leave, appointment, 14
266+hiring, promotion, layoff, removal, termination, redress of grievances, as defined in § 15
267+12–101 of the State Personnel and Pensions Article AND CONSISTENT WITH § 2–407 OF 16
268+THE STATE PERSONNEL AND PENSIONS ARTICLE, and reinstatement of employees and 17
269+shall be presented to the Joint Committee on Administrative, Executive, and Legislative 18
270+Review under Title 10, Subtitle 1 of the State Government Article. 19
286271
287- (5) The regulations shall provide that an appointing authority or a
288-designated representative and an employee may agree to the holding in abeyance of a
289-disciplinary action for a period not to exceed 18 months in order to permit an employee to
290-improve conduct or performance.
272+ (3) The regulations shall provide that before taking any disciplinary action 20
273+related to employee misconduct, an appointing authority or designated representative 21
274+shall: 22
291275
292- (6) The employee grievance procedures shall include, at a minimum, the
293-following sequence of levels of appeal:
276+ (i) Investigate the alleged misconduct; 23
294277
295- (i) Initially an aggrieved employee shall present any grievance to
296-the appointing authority or a designated representative, who shall render a written
297-decision;
278+ (ii) Meet with the employee; 24
298279
299- (ii) Any appeal shall be presented to the Secretary or a designated
300-representative, who shall render a written decision; and
280+ (iii) Consider any mitigating circumstances; 25
301281
302- (iii) If the dispute is still unresolved, the aggrieved employee may
303-appeal to the Office of Administrative Hearings or a mutually agreed upon third party
304-arbiter that may not hear grievances relating to classification, salary, or fiscal matters.
282+ (iv) Determine the appropriate disciplinary action, if any, to be 26
283+imposed; and 27
305284
306- (7) THE EMPLOYEE GRIEVANC E PROCEDURES SHALL I NCLUDE
307-REDRESS OF ANY VIOLA TION OF TITLE 2, SUBTITLE 4 OF THE STATE PERSONNEL
308-AND PENSIONS ARTICLE, INCLUDING THE AWARD AND PAYMENT OF DAMAG ES.
285+ (v) Give the employee a written notice of the disciplinary action to 28
286+be taken and the employee’s appeal rights. 29
287+ SENATE BILL 79 7
309288
310- (8) The Secretary shall establish appeal procedures for disciplinary actions
311-through regulations and policy.
312289
313- [(8)] (9) (i) During any stage of a complaint, grievance, or other
314-administrative or legal action that concerns State employment by a full–time or part–time
315-executive service, career service, or commission plan employee of the Department, or by a
316-temporary or contractual employee of the Department, the employee may not be subjected
317-to coercion, discrimination, interference, reprisal, or restraint by or initiated on behalf of
318-the Department solely as a result of that employee’s pursuit of a grievance, complaint, or
319-other administrative or legal action that concerns State employment.
290+ (4) (i) The regulations shall provide that the appointing authority or 1
291+designated representative may suspend an employee, with or without pay, pending the 2
292+filing of charges for termination. 3
320293
321- (ii) An employee of the Department may not intentionally take or
322-assist in taking an act of coercion, discrimination, interference, reprisal, or restraint
323-against another employee solely as a result of that employee’s pursuit of a grievance,
324-complaint, or other administrative or legal action that concerns State employment.
325- Ch. 232 2023 LAWS OF MARYLAND
294+ (ii) If an employee is suspended without pay, the appointing 4
295+authority or designated representative shall provide to the Secretary the charges for 5
296+termination within 30 calendar days after the first day of the suspension period. 6
326297
327-– 8 –
328- (iii) An employee who violates the provisions of this paragraph is
329-subject to disciplinary action, including termination of employment.
298+ (iii) If the appointing authority or designated representative files the 7
299+charges for termination after the 30–day period described in subparagraph (ii) of this 8
300+paragraph, the employee shall be placed on leave with pay until the Secretary receives the 9
301+charges. 10
330302
331- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
332-October 1, 2023.
303+ (5) The regulations shall provide that an appointing authority or a 11
304+designated representative and an employee may agree to the holding in abeyance of a 12
305+disciplinary action for a period not to exceed 18 months in order to permit an employee to 13
306+improve conduct or performance. 14
333307
334-Approved by the Governor, April 24, 2023.
308+ (6) The employee grievance procedures shall include, at a minimum, the 15
309+following sequence of levels of appeal: 16
310+
311+ (i) Initially an aggrieved employee shall present any grievance to 17
312+the appointing authority or a designated representative, who shall render a written 18
313+decision; 19
314+
315+ (ii) Any appeal shall be presented to the Secretary or a designated 20
316+representative, who shall render a written decision; and 21
317+
318+ (iii) If the dispute is still unresolved, the aggrieved employee may 22
319+appeal to the Office of Administrative Hearings or a mutually agreed upon third party 23
320+arbiter that may not hear grievances relating to classification, salary, or fiscal matters. 24
321+
322+ (7) THE EMPLOYEE GRIEVANC E PROCEDURES SHALL I NCLUDE 25
323+REDRESS OF ANY VIOLA TION OF TITLE 2, SUBTITLE 4 OF THE STATE PERSONNEL 26
324+AND PENSIONS ARTICLE, INCLUDING THE AWARD AND PAYMENT OF DAMAG ES. 27
325+
326+ (8) The Secretary shall establish appeal procedures for disciplinary actions 28
327+through regulations and policy. 29
328+
329+ [(8)] (9) (i) During any stage of a complaint, grievance, or other 30
330+administrative or legal action that concerns State employment by a full–time or part–time 31
331+executive service, career service, or commission plan employee of the Department, or by a 32
332+temporary or contractual employee of the Department, the employee may not be subjected 33
333+to coercion, discrimination, interference, reprisal, or restraint by or initiated on behalf of 34
334+the Department solely as a result of that employee’s pursuit of a grievance, complaint, or 35
335+other administrative or legal action that concerns State employment. 36
336+ 8 SENATE BILL 79
337+
338+
339+ (ii) An employee of the Department may not intentionally take or 1
340+assist in taking an act of coercion, discrimination, interference, reprisal, or restraint 2
341+against another employee solely as a result of that employee’s pursuit of a grievance, 3
342+complaint, or other administrative or legal action that concerns State employment. 4
343+
344+ (iii) An employee who violates the provisions of this paragraph is 5
345+subject to disciplinary action, including termination of employment. 6
346+
347+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
348+October 1, 2023. 8
349+
350+
351+
352+
353+Approved:
354+________________________________________________________________________________
355+ Governor.
356+________________________________________________________________________________
357+ President of the Senate.
358+________________________________________________________________________________
359+ Speaker of the House of Delegates.