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Statutes Text

Article - State Personnel and Pensions




§3–102.

    (a)    Except as provided in this title or as otherwise provided by law, this title applies to:

        (1)    all employees of:

            (i)    the principal departments within the Executive Branch of State government;

            (ii)    the Maryland Insurance Administration;

            (iii)    the State Department of Assessments and Taxation;

            (iv)    the State Lottery and Gaming Control Agency;

            (v)    the University System of Maryland, Morgan State University, St. Mary’s College of Maryland, and Baltimore City Community College;

            (vi)    the Comptroller;

            (vii)    the Maryland Transportation Authority who are not police officers;

            (viii)    the State Retirement Agency;

            (ix)    the State Department of Education; and

            (x)    firefighters for the Martin State Airport at the rank of captain or below who are employed by the Military Department; and

        (2)    all full–time Maryland Transportation Authority police officers at the rank of first sergeant and below.

    (b)    This title does not apply to:

        (1)    employees of the Maryland Transit Administration, as that term is defined in § 7–601(a)(2) of the Transportation Article;

        (2)    an employee who is elected to the position by popular vote;

        (3)    an employee in a position by election or appointment that is provided for by the Maryland Constitution;

        (4)    an employee who is:

            (i)    a special appointment in the State Personnel Management System; or

            (ii)    1.    directly appointed by the Governor by an appointment that is not provided for by the Maryland Constitution;

                2.    appointed by or on the staff of the Governor or Lieutenant Governor; or

                3.    assigned to the Government House or the Governor’s Office;

        (5)    an employee assigned to the Board or with access to records of the Board;

        (6)    an employee in:

            (i)    the executive service of the State Personnel Management System; or

            (ii)    a unit of the Executive Branch with an independent personnel system who is:

                1.    the chief administrator of the unit or a comparable position that is not excluded under item (3) of this subsection as a constitutional or elected office; or

                2.    a deputy or assistant administrator of the unit or a comparable position;

        (7)    (i)    a temporary or contractual employee in the State Personnel Management System; or

            (ii)    a contractual, temporary, or emergency employee in a unit of the Executive Branch with an independent personnel system;

        (8)    an employee who is entitled to participate in collective bargaining under another law;

        (9)    an employee of the University System of Maryland, Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College who is:

            (i)    a chief administrator or in a comparable position;

            (ii)    a deputy, associate, or assistant administrator or in a comparable position;

            (iii)    a member of the faculty, including a faculty librarian;

            (iv)    a student employee, including a teaching assistant or a comparable position, fellow, or post doctoral intern;

            (v)    a contingent, contractual, temporary, or emergency employee;

            (vi)    a contingent, contractual, or temporary employee whose position is funded through a research or service grant or contract, or through clinical revenues; or

            (vii)    an employee whose regular place of employment is outside the State of Maryland;

        (10)    an employee whose participation in a labor organization would be contrary to the State’s ethics laws;

        (11)    any supervisory, managerial, or confidential employee of a unit of State government listed in subsection (a)(1)(i) through (iv) and (vi) through (x) of this section, as defined in regulations adopted by the Secretary;

        (12)    any supervisory, managerial, or confidential employee of a State institution of higher education listed in subsection (a)(1)(v) of this section, as defined in regulations adopted by the governing board of the institution; or

        (13)    any employee described in subsection (a)(2) of this section who is a supervisory, managerial, or confidential employee, as defined in regulations adopted by the Secretary.