01.01.1994.25

A. The DOP may be made a party in a grievance when the appointing authority, in its decision at the conclusion of the first step of the grievance proceeding, pursuant to State Personnel and Pensions Article, §10-207(c), states that the DOP has taken an action adverse to the employee.

B. In cases where the DOP has been named as a party by the appointing authority under paragraph A, the employee may submit the grievance to the second step of the grievance process, pursuant to State Personnel and Pensions Article, §10-208(a), and name the DOP as a party at that step. When the DOP has been named as a party, the grievant's department or unit head shall hold a conference with the grievant and a representative of the DOP. The decision of the grievant's department or unit head shall identify any areas of disagreement between the grievant, the appointing authority, and the DOP that have not been resolved.

C. If the DOP has been named as a party under the terms of paragraphs A and B of this Order, the DOP may be named a party at step three of the grievance process.

D. Whenever the DOP has been named a party under this Order, the DOP, the appointing authority, and the grievant shall make every effort to resolve the grievance at the lowest level possible of the grievance process.

E. Nothing in this Order shall be construed to expand the scope of issues that are grievable or of the jurisdiction of the Secretary of Personnel (or of the Office of Administrative Hearings under a delegation of authority from the Secretary) to hear and decide grievances.

F. Officers and employees of the State may assist the Secretary of Personnel as deemed necessary by the Secretary to accomplish the purposes of this Order. Nothing in this Order shall be construed as modifying the authority of the Secretary to establish policy in personnel matters or the duty of officers and employees of the State in assisting the Secretary in carrying out State personnel laws and policies.

G. The Secretary of Personnel and the appointing authorities shall take all actions necessary or desirable to implement this Order.

Effective date: September 8, 1994 (21:20 Md. R. 1722)