§ 16-148. Noncompetitive methods of filling vacant positions.

(a)

The Director of Human Resources Management may utilize any of the following methods to authorize the noncompetitive filling of a vacant position within the classified service:

(1)

Reinstatement.

(A)

An appointing authority shall reinstate an employee in the employee's former position in accordance with the terms of the final decision and order of the County Personnel Board or court of law, as the case may be, granting the employee the right to be reinstated in the employee's former position.

(B)

The appointing authority shall immediately forward the personnel requisition necessary to authorize the reinstatement to the Director of Human Resources Management upon receipt of the Board's or the court's order. In the event that a limited-term status employee is occupying the position, said requisition shall also request the removal of said limited-term status employee from the position and said employee's return to the employee's former position by the Director of Human Resources Management, where applicable.

(2)

Reassignment. An appointing authority may reassign an employee under the appointing authority's jurisdiction without the approval of the Director of Human Resources Management; provided however, that the appointing authority shall provide the Director of Human Resources Management with written notification of any such reassignment.

(3)

Intradepartmental or Intraoffice Transfers. An appointing authority may transfer an employee under the appointing authority's jurisdiction within the same department, agency, or office. In the event any such transfer is to a vacant position in a different class of work, such transfer shall be subject to the prior approval of the Director of Human Resources Management with respect to a determination as to whether the employee meets the qualification requirements applicable to the position to which the transfer is proposed by the appointing authority; and, in the event that the employee does not meet the applicable qualification requirements, the Director of Human Resources Management shall disapprove said transfer.

(4)

Interdepartmental or Interoffice Transfers. The transfer of an employee from one (1) department, agency or office to another department, agency or office shall be subject to the approval of both appointing authorities. In the event that such a transfer is to a vacant position in a different class of work, such transfer shall be subject to the prior approval of the Director of Human Resources Management with respect to a determination as to whether the employee meets the qualification requirements applicable to the position to which the transfer is proposed by the appointing authority; and, in the event that the employee does not meet the applicable qualification requirements, the Director of Human Resources Management shall disapprove said transfer.

(5)

Reemployment. Whenever a permanent status employee is separated from County employment under a reduction-in-force action, the Director of Human Resources Management shall place the employee's name on the reemployment priority register established for the class and class series from which the employee was separated. In the event that two (2) or more employees whose names are ranked within the same class on said register have the same retention points score, it shall be the sole discretion of the appointing authority in interest to determine which of said employees shall be selected for reemployment in the vacant position under the appointing authority's jurisdiction. The employee's period of eligibility for such reemployment shall be one (1) calendar year from the effective date of separation under the reduction-in-force action.

(6)

Demotion.

(A)

An appointing authority may demote an employee only for one (1) of the following reasons:

(i)

Where the appointing authority has determined that the employee's performance or conduct warrants a demotion in accordance with the applicable provisions of Sections 16-194 and 16-195;

(ii)

Where the employee's position has been reallocated to a class with a lower grade such that a demotion becomes necessary as provided under Section 16-175;

(iii)

Where the employee has been determined to have a disability such that a demotion becomes necessary as provided under Section 16-189(d); or

(iv)

Where the employee, solely as a matter of the employee's own volition, requests a demotion.

(B)

Any such demotion of an employee by the employee's appointing authority shall be subject to the following further conditions:

(i)

In the event that any such demotion is to a position in a lower graded class, outside of the employee's class series, such demotion shall be subject to the prior approval of the Director of Human Resources Management with respect to a determination as to whether the employee meets the qualification requirements applicable to the position to which the demotion is proposed by the appointing authority; and, in the event that the employee does not meet the applicable qualification requirements, the Director of Human Resources Management shall disapprove said demotion; and

(ii)

In the event that any such demotion is to a position located in a different department, agency, or office, such demotion shall be subject to the prior approval of the appointing authority of the department, agency, or office to which said demotion has been proposed.

(7)

Noncompetitive Promotions.

(A)

As provided under Section 16-175, whenever an incumbered position is reallocated by the Director of Human Resources Management to a class with a higher grade, the incumbent thereof shall be noncompetitively promoted to the reallocated position provided the incumbent meets the minimum qualifications for the reallocated position.

(B)

The Director of Human Resources Management shall determine whether there exists a sufficient number of employees occupying classified service positions in certain classes of work with lower grades to warrant the announcement of a competitive examination to fill the vacant positions by competitive promotion. Whenever there are fewer than ten (10) employees eligible to compete for the current or anticipated position, the Director of Human Resources Management may, based upon established procedures, and in consultation with the appropriate appointing authorities, authorize the noncompetitive promotion of such eligibles for the purpose of filling said vacancies at the election of the appointing authority.

(C)

(i)

Subject to the approval of the County Executive or the Chief Administrative Officer, an appointing authority may noncompetitively promote an employee to serve in a vacant, executive-level position under the appointing authority's jurisdiction for a period not to exceed one (1) calendar year. The County Executive or the Chief Administrative Officer shall not approve any such noncompetitive promotion unless the employee to be promoted meets the qualification requirements applicable to the vacant, executive-level position; provided, however, that the foregoing shall not apply in the case of qualifications which require a minimum length of service in another class of work as a condition to eligibility. In addition, the noncompetitive promotion process can be used to further the equity and parity goals set forth in Section 16-109. Any employee, so promoted, shall be entitled to return to the position the employee formerly occupied as of the cessation of such noncompetitive promotion or in the event that the appointing authority, at his/her sole discretion, ends the noncompetitive promotional assignment at any time during said one (1) calendar year. In the event any such employee's former position had been abolished during the period of the limited-term promotion, the employee shall be entitled to return to another position of the same or a comparable grade and class of work. In the event the appointing authority determines, at the cessation of such noncompetitive promotion, that any such employee's performance is at least "satisfactory," the appointing authority may permanently promote the employee to the vacant position.

(ii)

Any employee, so promoted, shall be considered to be on an extended period of approved leave without pay from the employee's former position and, in the event another employee is appointed, reassigned, transferred, or promoted to the position formerly occupied by such employee, such appointment, reassignment, transfer, or promotion shall be on a limited-term basis and the employee occupying the position shall be a limited-term status employee subject to the conditions of Section 16-178.

(iii)

Any employee promoted pursuant to this Section shall retain all of the rights and benefits the employee was entitled to as a permanent status employee, except as otherwise provided in this Section.

(iv)

The return of an employee to his/her former position in accordance with the provisions of subparagraph (i) is not to be considered an adverse action, nor is it subject to an employee grievance under Section 16-200.

(8)

Reappointment. An appointing authority may, at the appointing authority's discretion, reappoint a permanent status employee formerly occupying a position in the classified service subject to the following conditions:

(A)

The former employee had satisfactorily completed the required probationary period and was converted to permanent status;

(B)

The former employee was not involuntarily separated from the employee's former position under a dismissal action or a separation-disability action based on total disability;

(C)

The former employee's period of eligibility for reappointment shall be equal to the total length of time the employee had served in a position in the classified service as of the effective date of separation; provided, however, that if the employee had previously served at least three (3) full calendar years in a position in the classified service, there shall be no limitation on any such employee's period of eligibility for reappointment;

(D)

A reappointment to a vacant position in the classified service in the same class of work from which the former employee was separated shall be subject to the prior approval of the Director of Human Resources Management only with respect to the conditions stipulated in subparagraphs (A), (B), and (C), above; and,

(E)

A reappointment to a vacant position in the classified service in a different class of work with a grade equivalent to the grade of the class from which the former employee was separated, or in the same class of work from which the former employee was separated where the qualification requirements of the class of work have been, in the determination of the Director of Human Resources Management, substantively amended during the period of the former employee's separation, shall be additionally subject to the prior approval of the Director of Human Resources Management as to whether the former employee meets the qualification requirements of the position to which reappointment is proposed by the appointing authority. The Director of Human Resources Management may approve a proposed reappointment of an employee to a vacant position in the classified service where the position has been allocated to a class of work with a grade higher than the grade of the class from which the former employee was separated, if the allocation of the position to such higher grade was the result of a reclassification action during the former employee's period of separation and was reallocated from the same grade as the class from which the former employee was separated.

(9)

Intergovernmental Transfers.

(A)

Subject to both the approval of the County Executive and the County Council by resolution, the Director of Human Resources Management may negotiate personnel agreements for intergovernmental transfers with other governmental agencies not under the direct control of the County which adhere to a competitive personnel system. Any such agreement shall stipulate the terms and conditions for the transfer of qualified employees from one agency to another.

(B)

The temporary transfer of an employee from any agency, department, or office of County Government to an agency, department, or office of the United States, the State of Maryland, a County, a municipality, or any not-for-profit agency that receives County funds, may be made when, in the opinion of the County, sufficient benefits from such transfer will inure to the County. When the County proposes such a transfer, it must have the consent of the affected employee and shall be for a temporary period not to exceed one calendar year.

(10)

Noncompetitive Appointment.

(A)

An appointing authority may noncompetitively appoint a person to fill a vacant position allocated to an unskilled laborer class of work, and other vacant positions allocated to similar classes of work where it is impractical to competitively examine and appoint, subject to the prior approval of the Director of Human Resources Management with respect to whether any such person meets the qualification requirements applicable to any such vacant position.

(B)

An appointing authority may noncompetitively appoint a person to fill a vacant position allocated to a particular class of work in any case where specific provisions for such noncompetitive appointments to vacant positions in designated classes of work have been authorized under State statute; provided however, that any such appointment shall be subject to the prior approval of the Director of Human Resources Management with respect to whether any such appointee meets the qualification requirements applicable to any such vacant position.

(C)

An appointing authority may noncompetitively appoint a person who has been competitively appointed to a trainee or similar position established by the Director of Human Resources Management in accordance with Section 16-106(b)(11), to fill a vacant position at the entry level in a class series, subject to the prior approval of the Director of Human Resources Management with respect to whether any such person meets the qualification requirements applicable to any such vacant position.

(11)

Temporary/Provisional Appointments.

(A)

An appointing authority may make a temporary/provisional appointment of a person to a vacant position in the classified service where said position is allocated to a class of work for which an eligibility register has not been established by the Director of Human Resources Management, or where said position is allocated to a class of work for which an eligibility register has been established but contains the names of nine (9) or fewer eligibles. Any person, so appointed, shall be in the exempt service and said temporary/provisional appointment shall not exceed one hundred twenty (120) calendar days in any twelve (12) month period, said period beginning as of the effective date of said appointment. Temporary/provisional appointments shall not be subject to competitive examining procedures; provided, however, that the Director of Human Resources Management shall not authorize the temporary/provisional appointment of a person to a vacant position in the classified service if the person does not meet the qualification requirements applicable to the particular vacant position.

(B)

Any person appointed under the terms of a temporary/provisional appointment shall be required to file an examination application with the Director of Human Resources Management upon the announcement of the recruitment examination for competitive appointment to the position which the employee is occupying under the temporary/provisional appointment; and, in the event said person's name is not on the certification list for such competitive appointment or such person's name is on the certification list but the person is not selected, the appointing authority shall remove said person from the position. In the event that the person is competitively appointed to the position, the person shall be converted to probationary status and, by virtue thereof, shall be subject to the provisions of Division 9 for the purpose of determining said person's right to be converted to permanent status.

(12)

Temporary/Emergency Appointments.

(A)

When an emergency situation makes it impossible for an appointing authority to competitively appoint an eligible from a certification list derived to fill a vacant position in the classified service, the appointing authority may appoint, upon prior notification to the Director of Human Resources Management, any person to such vacant position whom the appointing authority determines meets the qualification requirements applicable to the particular position. Any person, so appointed, shall be in the exempt service and said temporary/emergency appointment shall not exceed sixty (60) consecutive calendar days in any twelve (12) month period, such period beginning as of the effective date of said appointment.

(B)

An appointing authority shall only be authorized to make one (1) temporary/emergency appointment in any twelve (12) month period to a given vacant position in the classified service.

(C)

As used in this subparagraph, the term "emergency situation" shall not be construed to include any condition or situation for which the appointing authority had reasonable notice or, with due diligence, should have had previous knowledge.

(D)

The appointing authority shall remove any person appointed under the terms of a temporary/emergency appointment no later than the expiration of said sixty (60) calendar day period.

(b)

Subject to the approval of the County Executive by Executive Order, an appointing authority may noncompetitively appoint an individual to a vacant position in the classified service of the County:

(1)

When the County, as the result of a governmental reorganization under Section 503 of the Charter, has assumed the functions of another governmental agency or office which employs the individual and the position is comparable to the individual's former position with that agency or office; or

(2)

When such position requires the performance of job duties, tasks, and responsibilities substantially the same as, or identical to, the individual's current job description and was performed by the individual as an employee of an existing or former governmental agency or office which provides services related to the operation of a County agency; or

(3)

When the County, pursuant to Section 817 of the Charter, has revised a department or agency work program by reducing the appropriation to such department or agency and reorganizing the assignment of functions, powers, and duties of such department or agency such that the Director of Human Resources Management determines that the classification and/or status of an incumbent or incumbents should be appropriately reallocated, in accordance with the mission, goals, and objectives included in the written revised work program submitted by the County Executive and transmitted to the County Council; and

(4)

When, in either of the above circumstances, the Director of Human Resources Management determines that the individual meets all other requirements for the vacant position.

(c)

Any individual appointed to a vacant position under Subsection (b) shall be entitled to the same terms and conditions of employment as an employee who has been transferred.

(CB-1-1976; CB-49-1985; CB-107-1985; CB-98-1992; CB-25-1994; CB-22-2000; CB-6-2003; CB-91-2003)

Editor's note

CR-55-1981 approved reciprocal transfers between the County and the Sheriff's Department.