VII100 - USM

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  178.0 VII-1.00- INTERIM UNIVERSITY SYSTEM POLICY ON THE APPOINTMENT AND 
EMPLOYMENT OF ADMINISTRATIVE AND CLASSIFIED PERSONNEL
 
 
 
  (Approved by the Board of Regents, April 5, 1989)
 
    I.  INTRODUCTION
 
        A.  Recommendations regarding general standards, policies
            and guidelines for the appointment, advancement,
            tenure, and termination of administrative and
            classified personnel will be forthcoming from the
            Chancellor, following consultation with the chief
            executive officers.  This interim policy delegates to
            the chief executive officers the general authority to
            appoint and fix the non-compensation-related terms and
            conditions of employment of administrative and
            classified staff members in the University of Maryland
            System, subject to pertinent policies now in effect.
 
        B.  Definitions:
 
            1.  "Chief executive officer" refers to the Chancellor
                (with respect to the University of Maryland System
                Administration), the president of a constituent
                institution, the director of a principal center
                (Center for Environmental and Estuarine Studies,
                and the Maryland Biotechnology Institute), and the
                Vice Chancellor for Agricultural Affairs for the
                Agricultural Experiment Station and the Cooperative
                Extension Service; and a "constituent institution"
                is used inclusively to refer to any institution or
                other unit headed by a chief executive officer.
                For the purpose of this interim policy, the
                University of Maryland System Administration is
                deemed to be a constituent institution headed by
                the Chancellor.
 
            2.  "Administrative personnel" refers to unclassified
                professional employees, including administrative
                officers, librarians, and library technicians,
                appointed under the policies and procedures of the
                former Board of Trustees of State Universities and
                Colleges; associate staff employees appointed under
                the Personnel Policies and Rules for Associate
                Staff of the University of Maryland; and academic
                administrators appointed under the policies and
                procedures of the former Board of Regents of the
                University of Maryland.
 
            3.  "Classified personnel" refers to support personnel
                appointed under the Personnel Policies and Rules
                for Classified Employees of the University of
                Maryland or the policies and procedures formerly
                administered by the State Department of Personnel.
 
            4.  "Pertinent policies and procedures" refers to the
                following personnel policies and procedures:
 
                      o    University of Maryland Policies and
                           Procedures Manual, III (1.00 through
                           21.00) and VI (20.02 and 21.00);
 
                      o    The University of Maryland, Personnel
                           Policies and Rules for Associate Staff;
 
                      o    The University of Maryland, Personnel
                           Policies and Rules for Classified
                           Employees;
 
                      o    Policies and Procedures of the Board of
                           Trustees of the State Universities and
                           Colleges of Maryland, Chapters VI and IX
                           and Appendices F, G, M, N, O, P, and Q.
 
   II.  INTERIM POLICY ON THE APPOINTMENT AND EMPLOYMENT OF
        ADMINISTRATIVE AND CLASSIFIED STAFF
        A.  The chief executive officer of each constituent
            institution is hereby delegated the authority to
            appoint, assign duties, promote, and terminate
            administrative and classified personnel employed at
            that institution in accordance with pertinent policies
            and procedures, except as provided below.
 
        B.  The Chancellor is correspondingly delegated such
            personnel authority with respect to all administrative
            and classified personnel on the Chancellor's staff in
            the University System Administration consistent with
            the pertinent policies and procedures of the former
            University of Maryland.
 
        C.  The Chancellor and the chief executive officer of each
            institution may subdelegate to appropriate subordinate
            officials the authority to appoint, assign duties,
            promote, and terminate administrative and classified
            personnel in accordance with the pertinent policies and
            procedures, and such additional policies and procedures
            as the Board of Regents or the Chancellor may
            promulgate.
 
 
        D.  Except as noted above, or where this would be
            inconsistent with the Bylaws or any regulations or
            policies approved by the Board of Regents of the
            University of Maryland System, any advisory or
            administrative authority exercised by the former
            executive director and/or the Council of Presidents of
            the Board of Trustees, or the former President of the
            University of Maryland, relative to non-classified
            personnel, is accorded to the Chancellor in
            consultation with the presidents.
 
        E.  Pursuant to Section 13-1A-05 of the Maryland Education
            Code Annotated, each chief executive officer is hereby
            designated as the Chancellor's "designated
            representative" in classified personnel grievance
            proceedings related to suspensions pending removal,
            involuntary demotions, rejection on probation, and
            disciplinary suspensions.
 
        F.  Pending the Board of Regents' adoption of general
            standards, policies and guidelines governing
            administrative and classified personnel, the Chancellor
            is accorded the authority exercised by the former
            President of the University of Maryland to approve
            changes in the Personnel Policies and Rules for
            Classified Employees of the University of Maryland.
            These policies and rules, and changes thereto, shall
            govern all classified personnel in the University of
            Maryland System pending the Board's adoption of new
            policies and rules.
 
        G.  Notwithstanding the foregoing provisions, the Board
            reserves the authority to approve the appointments of
            the Chancellor and the chief executive officers.
 
 
  III.  EFFECTIVE DATE
 
        This policy shall become effective upon approval by the
        Board of Regents.
 
 
   IV.  STATUTORY REFERENCES
         12-109 Presidents of constituent institutions.
                         .   .   .
 
                (e)   Powers and duties. -- subject to the
                      authority and applicable regulations of the
                      Board of Regents, each president shall:
                         .    .   .
 
                      (4)  Appoint, promote, fix salaries, grant
                      tenure, assign duties, and terminate
                      personnel.  (Emphasis added.)
 
         12-110 Faculty and administrative personnel.
 
                (a)   General standards and guidelines generally.
                      (1) Upon the recommendation of the Chancellor
                      who shall consult with the presidents, the
                      Board of Regents shall establish general
                      standards and guidelines governing the
                      appointment, compensation, advancement,
                      tenure, and termination of all faculty and
                      administrative personnel in the University of
                      Maryland System.
 
                      (2)  These standards and guidelines shall
                      recognize the diverse missions of the
                      constituent institutions.
 
                (b)   Differentiation among institutions. -- The
                      Board of Regents may establish different
                      standards of compensation based on the size
                      and missions of the constituent institutions.
 
                (c)   Authority of presidents. -- Subject to such
                      standards and guidelines, a president may:
 
                           (1) prescribe additional personnel
                           policies; and
 
                           (2) Approve individual personnel actions
                           affecting the terms and conditions of
                           academic and administrative
                           appointments.  (Emphasis added.)
 
         12-111.  Appointments; classified employees.
 
                (a)   Applicability of Merit System Law.--
                      Appointments of the University of Maryland
                      System are not subject to or controlled by
                      the provisions of the Merit System Law.
 
                (b)   Classified employees--In general.--After
                      appointment, employees in positions
                      designated by the University shall be
                      regarded and treated as classified employees
                      of this State and:
 
                      (1)  Have all rights and privileges of
                           classified employees;
 
                      (2)  Have the right of appeal as provided by
                           law in any case of alleged injustice;
 
                      (3)  Shall be paid salaries not less than
                           those paid in similar classifications in
                           other State agencies; and
 
                      (4)  Shall retain their vacation privileges,
                           retirement status and benefits under the
                           State retirement systems.
 
                (c)   Same--Policies and guidelines.--Subject to
                      subsection (b) of this section, the Board of
                      Regents shall establish general policies and
                      guidelines governing the appointment,
                      compensation, advancement, tenure, and the
                      termination of all classified personnel.
                      (Emphasis added.)
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