Section 3-102 - Applicability. - Maryland Statutes

§ 3-102. Applicability.
 

(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 Agency; and 

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

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

(b)  Inapplicable employees.- 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) 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. 
 

[1999, ch. 298, § 2; 2001, chs. 341, 730; 2002, ch. 19, § 1; 2010, ch. 704.]