Section 3-102 - Applicability.
§ 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.]