§ 16-102. Definitions.

(a)

For purposes of this Subtitle, the following words and phrases shall have the meanings respectively ascribed to them by this Section, except where the context clearly requires otherwise:

(1)

Adverse Action means certain actions authorized and effectuated in writing by any appointing authority or the Director of Human Resources Management which adversely affect an employee by virtue of a reduction in the employee's pay and/or employment status. As used herein, the term "adverse action" shall only mean and include any dismissal, suspension, demotion, forfeiture of annual leave as a disciplinary action, a step rate reduction as a disciplinary action, the imposition of a fine as a disciplinary action, a separation from County employment under a reduction-in-force action, and a termination under separation-disability action.

(2)

Allocation means the human resources action by which the Director of Human Resources Management creates a position and assigns it to a class of work established in the Classification Plan.

(3)

Anniversary Date means that date one (1) calendar year from the effective date of an employee's initial appointment, competitive or noncompetitive promotion, reemployment, demotion, and reappointment to a vacant position in the classified service, or such other date established in the Salary Plan, as well as the same respective dates, where applicable, each succeeding calendar year, for the duration of an employee's County employment in the classified service. As defined herein, the term "anniversary date" shall not apply to any employee occupying a position in the classified service under the terms of a temporary/provisional, temporary/emergency or limited-term appointment.

(4)

Appointment means the human resources action by which an appointing authority considers and selects an eligible for entry into a position in the classified service as a probationary status employee, a temporary/provisional status employee or a temporary/emergency status employee.

(5)

Appointing Authority means a person or persons authorized by law to select, remove, and otherwise discipline and direct employees and shall include the County Executive; the Chief Administrative Officer; the heads of agencies, departments, and offices in the Executive Branch; the individual members of the County Council and the County Council as a body; the Clerk of the County Council; the County Auditor; and the Chief Zoning Hearing Examiner. As defined herein, the term "appointing authority" shall also mean any employee under the jurisdiction of any of the aforementioned parties who has been delegated authority, in writing, to select employees by any of the aforementioned parties.

(6)

Certification means the human resources action by which the Director of Human Resources Management prepares and refers a certification list to an appointing authority for consideration of eligibles thereon for appointment or promotion, as appropriate, to a vacant position or positions in a given class of work within the classified service.

(7)

Certification List means a listing of the names of eligibles certified from the top of the appropriate eligibility register by the Director of Human Resources Management and referred to an appointing authority for consideration for appointment or promotion, as appropriate, to a vacant position or positions in a given class of work within the classified service.

(8)

Class or Class of Work means a group of positions, or one position, that:

(A)

Have similar duties, tasks, and responsibilities;

(B)

Require the same minimum qualifications;

(C)

Have been assigned the same grade;

(D)

Can be compensated by salary ranges which are substantially the same; and

(E)

Can be identified by the same title.

(9)

Class Series means a grouping of two (2) or more classes within the same occupational group, as designated in the Classification Plan, based on the similarity of the nature and type of work and representing ascending levels of responsibility and qualifications which reflect normal promotional lines.

(10)

Class Specification means a written description of a typical and representative position for each class of work established in the Classification Plan which specifies the typical duties, tasks, and responsibilities associated with each such class.

(11)

Class Title means the official designation or name assigned to each class established in the Classification Plan.

(12)

Classification means the legislative action of adopting or amending the Classification Plan so as to establish a new class of work in the classified or exempt service, assign a class title and, where applicable, assign an appropriate grade thereto.

(13)

Classification Plan means a law setting forth, by schematic listings, each established class of work in the classified and exempt services and the grade, except as otherwise provided by law, assigned to each established class of work. As defined herein, the term "Classification Plan" shall not be construed to include any position governed by an approved Executive Pay Plan or any elective position otherwise established by County Charter or State statute.

(14)

Classified Service means all positions not specifically defined under Section 902 of Article IX of County Charter which are required to be governed by the provisions of this Subtitle pursuant to the provisions of Section 901 of Article IX of County Charter.

(15)

Competitive Examination means a promotional examination or a recruitment examination, wherein the Director of Human Resources Management rates the relative qualifications of applicants in competition for appointment or promotion, as appropriate, to a vacant position or positions in a given class of work within the classified service.

(16)

Demotion means the human resources action by which an employee is changed, while continuously employed, to a lower grade in the classified service.

(17)

Detail means the temporary assignment to an employee of all or part of the duties, tasks and responsibilities of another position to meet an emergency situation, for purposes of training, or to accommodate an employee's temporary disability.

(18)

Discrimination or Discriminatory Action means any act by an employee's appointing authority or supervisor, or the Director of Human Resources Management, which adversely affects the pay, status or working conditions of the employee, or any act by an appointing authority or the Director of Human Resources Management which adversely affects an applicant for employment or a former employee seeking reinstatement, reemployment or reappointment, where any such act is based upon the employee's or the applicant's race, sex, sexual orientation, color, religion, creed, country of national origin, political opinion, marital status, age, physical or mental handicap, or physical appearance and thereby made wrongful and illegal pursuant to and in accordance with the provisions of, the Equal Employment Opportunity Act of 1972 (Public Law 92-261), as amended, Sections 17 through 20, titled "Discrimination in Employment," of Article 49B, titled "Human Relations Commission," of the Annotated Code of Maryland, as amended, and the Human Relations Act for Prince George's County, Maryland, as said statutes or laws were enacted and as they may be amended from time to time; provided, however, that the foregoing shall not be construed to prevent an appointing authority, supervisor, or the Director of Human Resources Management from taking any action which is declared not to be a wrongful employment practice under the provisions of the aforesaid statutes or laws, including, but not limited to, any action taken on the basis of any such employee's or applicant's race, sex, sexual orientation, color, religion, creed, country of national origin, political opinion, marital status, age, physical or mental handicap, or physical appearance where it can be demonstrated that any of said characteristics with respect to any such employee or applicant constitutes a bona fide, occupational qualification reasonably necessary to the normal operation of County government. As defined herein, the term "discrimination" or "discriminatory action" shall also include any action taken by an appointing authority, supervisor, or the Director of Human Resources Management with respect to any such employee or applicant for employment because of any such employee's or applicant's membership or nonmembership in a labor organization, as said term is defined under Section 13A-102(h) of Subtitle 13A of the Prince George's County Code of Ordinances and Resolutions, titled "Labor Code," except as may be otherwise provided by law.

(19)

Dismissal means the human resources action by which an appointing authority separates an employee from the employee's position for "less than satisfactory" performance, or for violations of standards or rules of conduct or behavior.

(20)

Eligibility Register means a promotion register, or a recruitment register, wherein the names of all applicants determined by the Director of Human Resources Management to be eligible for promotion or appointment, as appropriate, to a vacant position or positions in a given class of work within the classified service are ordered in terms of their relative standing for certification.

(21)

Eligible means an applicant who, upon the determination of the Director of Human Resources Management, meets the qualification requirements for promotion or appointment, as appropriate, to a vacant position or positions in a given class of work within the classified service.

(22)

Employee means a person legally appointed to and occupying any duly authorized and allocated position in the classified service, but shall not include any person occupying a position in the classified service under the terms of a temporary/provisional, temporary emergency or limited-term appointment, or a person appointed to and occupying any position in the exempt service, unless expressly stated otherwise.

(23)

Equal Employment Opportunity Officer or EEO Officer means that person whom the County Executive or the County Executive's designee appoints and who, by virtue of said appointment, shall be charged with investigatory responsibilities set forth under Section 16-203(a)(7) with respect to appeals filed with the Personnel Board in which discrimination is alleged, and such additional duties and responsibilities as specifically assigned by the County Executive under the terms of the Executive Order required to be issued under Section 16-109(b) with respect to the County's equal employment opportunity program.

(23.01)

Executive Level Position means any deputy or assistant director, administrative specialist, or executive administrative aide to the head of a department, agency, or office, or similarly graded positions, including the position of Major in the Police and Fire Departments.

(24)

Executive Pay Plan means a resolution adopted by the County Council pursuant to Section 402(5) of Article IV of County Charter having the force and effect of law which establishes the compensation for the positions of the Chief Administrative Officer and the head of each agency and department of the Executive Branch of County government. As used herein, the term "compensation" shall mean and include base salary rates and any other special salary rates and fringe benefits.

(25)

Exempt Service means all positions specifically defined in Section 902 of Article IX of County Charter.

(26)

Furlough means a period of leave without pay under the provisions of Section 16-229 of the Code. A furlough is a nondisciplinary human resources action authorized and approved by the Director of Human Resources Management and is not an adverse action.

(27)

Grade means the alphabetical and/or numerical designation used to identify the level of responsibility assigned to each class of work established in the Classification Plan.

(28)

Grievance means a complaint by an employee wherein the employee alleges that an act or acts by the employee's appointing authority or supervisor, or the Director of Human Resources Management, except for adverse actions, with respect to any matter affecting the employee's working conditions, pay, or status, is unfair, inequitable, arbitrary and capricious, or illegal. An "act" or "action" by an appointing authority, supervisor, or the Director of Human Resources Management under the meaning of this paragraph shall also include any failure to act within a reasonable period of time by any of said parties. As defined herein, the term "grievance" shall not be construed to include any grievance as defined and provided for under any collective bargaining agreement negotiated and approved pursuant to Subtitle 13A of the Prince George's County Code of Ordinances and Resolutions, titled "Labor Code."

(29)

Ineligible means an applicant whom the Director of Human Resources Management determines does not meet the qualification requirements for appointment or promotion, as appropriate, to a vacant position or positions in a given class of work within the classified service.

(30)

Noncompetitive promotion means an act by which an employee in a lower graded class of work receives a promotion to a higher graded class of work without having to undergo a formal promotional examination.

(31)

Occupational Group or Job Family means the grouping of two (2) or more classes or class series in the same or related occupation, profession, activity, or field of endeavor.

(32)

Personnel Procedures means that compilation of administrative guidelines and operating instructions developed by the Director of Human Resources Management and approved and issued by the County Executive or a designee of the County Executive, other than the Director of Human Resources Management, in full compliance with and within the scope of, the provisions of this Subtitle, for the benefit of appointing authorities, supervisors and employees where specifically required by the provisions of this Subtitle and where otherwise deemed necessary and appropriate by the Director of Human Resources Management in order to properly and effectively carry out the provisions of this Subtitle.

(33)

Position means a group of duties, tasks, and responsibilities allocated by the Director of Human Resources Management to a class of work established in the Classification Plan and requiring the full- or part-time employment of one (1) or more persons. A position may be incumbered or vacant.

(34)

Position Description means a written statement for each position allocated to each class of work established in the Classification Plan which is intended to exemplify the class specification applicable to the position by delineating the specific and particular day-to-day duties, tasks, and responsibilities comprising the work assigned to the position.

(35)

Position Title means the informal, working designation or name assigned to each position allocated to a class of work established in the Classification Plan.

(36)

Probationary Period means that period of time extending up to, but not to exceed, twelve (12) calendar months from the effective date of initial appointment and reappointment of a person to a vacant position in the classified service which is intended to constitute the final stage in the examining process of an initially appointed and reappointed employee; provided, however, that the probationary period for all uniformed employees occupying positions allocated to public safety classes of work within the County Police, Sheriff, and Fire Departments shall be that period of time extending from the effective date of any such employee's initial appointment and reappointment through that date twelve (12) calendar months after the date any such employee completes any required basic training course or courses in an academy or school; and provided further, that the "probationary period," as defined herein, shall not apply to any employee occupying any position in the classified service under the terms of temporary/provisional, temporary/emergency or limited-term appointment.

(37)

Promotion means the human resources action by which an employee is changed, while continuously employed, to a vacant position in a class with a higher grade.

(38)

Promotional Examination means a type of competitive examination for promotion to a vacant position or positions in a given class of work within the classified service, admission to which shall be limited to eligible employees occupying positions in certain lower grade classes in the classified service.

(39)

Qualification Requirements means a written description for each class of work established in the Classification Plan which specifies the minimum qualifications requisite for any employee to occupy and continue to occupy any position allocated to each such class.

(40)

Rating means the human resources action by which the Director of Human Resources Management measures the degree of an eligible's relative qualifications for appointment or promotion, as appropriate, to a vacant position or positions in a given class of work within the classified service.

(41)

Reallocation means the human resources action by which the Director of Human Resources Management changes an allocated position from one (1) established class of work to another established class of work with a higher or lower grade in the classified service.

(42)

Reappointment means the human resources action by which a permanent status employee, formerly occupying a position in the classified service and voluntarily separated from said position, or formerly occupying a position in the classified service and involuntarily separated from said position through a reduction-in-force action, is reappointed, as a matter of the appointing authority's privilege, to a vacant position in the classified service for which the employee meets the qualification requirements.

(43)

Reassignment means the human resources action by which an employee changes duties or responsibilities, while continuously employed within the same class and grade.

(44)

Reclassification means the legislative action of amending the Classification Plan so as to revise an established class of work in the classified or exempt service by changing the grade, class specification, qualification requirements, or class title, or any combination of the foregoing revisions.

(45)

Recruitment Examination means a type of competitive examination for appointment to a vacant position or positions in a given class of work within the classified service, admission to which shall be open to any eligible person and shall be announced to the general public.

(46)

Reduction-In-Force means the human resources action authorized and approved by the Director of Human Resources Management wherein an employee is separated from a position in a given class of work within the classified service due to the scheduled abolition of one (1) or more of the positions allocated to said class of work within a given department, agency, or office, as a result of a curtailment of work, a lack of funds, or governmental reorganization.

(47)

Reemployment means the human resources action by which a permanent status employee, formerly occupying a position in the classified service and involuntarily separated from said position through a reduction-in-force action is reemployed, as a matter of right, in a vacant position in the same class from which separated or in a vacant position in a lower graded class within the same class series from which separated, after a break in County employment of one (1) full working day or more.

(48)

Reemployment Priority Register means a written record prepared and maintained by the Director of Human Resources Management which is comprised of the names of those permanent status employees formerly occupying positions in the classified service who were separated from their positions through a reduction-in-force action and are legally entitled to be reemployed in any vacant position in the same class from which separated or in any vacant position in a lower graded class within the same class series from which separated. The names of all employees on any such reemployment register shall be ranked, by class and class series, on the basis of each such employee's retention points score in order to determine priority for reemployment.

(49)

Reinstatement means the human resources action by which an employee, formerly occupying a position in the classified service and involuntarily separated from said position by virtue of an adverse action, is reinstated in the employee's former position by final order of the Personnel Board or a court of law pursuant to an adverse action appeal.

(50)

Resignation shall mean a voluntary written statement from an employee giving his ..... her appointing authority notice of the termination of his

(51)

Retention Points means the numerically weighted factors of length of County employment, and prior official performance ratings, which factors constitute the formula for the derivation of the quantitative score assigned to each permanent status employee occupying a position in the classified service and determine each such employee's relative standing or rank on a retention register. In determining length of County employment, any employee absence due to a reduction-in-force (provided that the employee is reemployed following the reduction-in-force), or the grant of approved leave, including but not limited to military leave, disability leave, or leave taken pursuant to the Family and Medical Leave Act, shall not constitute a break in service.

(52)

Retention Register means a written record of a given class of work within the classified service and all positions allocated to said class of work within a given department, agency, or office, wherein the names of employees occupying positions allocated to said class of work are ranked by the Director of Human Resources Management on the basis of their priority for retention due to a scheduled reduction-in-force action.

(53)

Retention Rights means the legal entitlement of a permanent status employee to be retained in a position in a given class of work on the basis of said employee's relative standing on a retention register.

(54)

Salary Plan means that compilation of salary schedules, as recommended by the County Executive and approved by the County Council pursuant to Section 903 of County Charter, setting forth the compensation for annually- and hourly-rated employees who occupy positions allocated to each class of work established in the Classification Plan, except for employees who occupy positions for which compensation is established in an approved Executive Pay Plan and except for elected officials whose salary and/or compensation is otherwise established by County Charter or State statute. As used herein, the term "compensation" shall mean and include the base salary rates of all such classified and exempt service employees and any other special salary rates and fringe benefits not otherwise established in this Subtitle, as enacted, and as amended from time to time.

(55)

Salary Range means one sequence or several sequences of salary rates for each grade from a minimum salary rate through a maximum salary rate.

(56)

Salary Schedule means a table of grades and corresponding salary ranges, as established under the Salary Plan, setting forth the compensation of employees who occupy positions in established classes of work.

(57)

Schematic Listing means a method of identifying each class of work established in the Classification Plan through the arrangement of class titles by occupational groups.

(58)

Standard Work Week or Tour of Duty means the total number of productive hours established under the applicable salary schedule within the Salary Plan which each employee is required and entitled to work during a stipulated number of consecutive calendar days, with due allowance for additional, unpaid periods of time for meals.

(59)

Reserved.

(60)

Supervisor means any appointing authority, and any other employee under an appointing authority's jurisdiction, designated, in writing, as a supervisor by an appointing authority who is responsible for generally overseeing, directing and evaluating the work and performance of a specified group or unit of employees. Where an appointing authority delegates, in writing, to a designated supervisor, the authority to appoint employees under the supervisor's jurisdiction, then, in such event, the supervisor shall also be an appointing authority with respect to the exercise of such appointment authority under the provisions of this Subtitle.

(61)

Suspension means the human resources action by which an appointing authority officially places an employee in a nonduty, nonpay status as a result of violations of rules or standards of conduct or behavior.

(62)

Transfer means the human resources action by which an employee, while continuously employed, is moved to a vacant position at the same grade located either within the agency or in another agency.

(63)

Work Schedules mean written schedules of the required daily hours of work, within a standard work week, prescribed by an appointing authority for individual employees and/or various groups or units of employees under the appointing authority's jurisdiction.

(b)

Whenever, under the provisions of this Subtitle, any action is required to be taken by any person within a specified period of time, such period of time shall be construed to be mandatory in nature, unless clearly described in terms which are directory or discretionary.

(CB-1-1976; CB-30-1982; CB-98-1982; CB-107-1985; CB-124-1987; CB-44-1991; CB-90-1991; CB-25-1995; CB-22-2000; CB-91-2003)