VII -9.01 - POLICY ON IMPLEMENTATION OF PHASE II-EXEMPT OF THE USM PAY PROGRAM

(Approved by the Board of Regents on December 3, 1999, 
EFFECTIVE January 2, and January 12, 2000)


I.  PURPOSE AND APPLICABILITY

    This policy provides for the continuation of coverage of 
    certain existing Human Resources policies and procedures 
    for certain USM employees.

    It applies only to Exempt employees in the employment 
    categories of Academic Administrators, Associate Staff, 
    Unclassified, and Classified-Exempt who are employed as 
    regular employees, including probationary employees, of 
    the USM at the time of implementation of Phase II-Exempt 
    of the USM Pay Program.

II. IMPLEMENTATION

    A. Salary

       No employee shall experience a reduction in current 
       base salary because of implementation of Phase II-Exempt
       of the USM Pay Program. Salaries shall be administered 
       by USM institutions pursuant to the BOR Policy on Pay 
       Administration for Exempt Positions.

    B. Layoff

       No employee shall be laid off or terminated because of 
       implementation of Phase II-Exempt of the USM Pay 
       Program.

    C. Retirement Programs

       Employees holding Classified-Exempt positions whose 
       positions are assigned to the Exempt Job Group shall 
       have the option of remaining in the Maryland State 
       Retirement and Pension Systems (MSRPS) or of electing 
       to enroll in an Optional Retirement Program (ORP) at 
       any time, subject to applicable law.  Eligibility to 
       participate in the MSRPS and ORP is governed by Maryland 
       state law and regulations.

    D. Length of Service Payment

       Length of service payment for all USM employees with 25 
       years of USM service shall be discontinued upon 
       implementation of Phase II - Exempt of the USM Pay 
       Program.  Classified-Exempt employees who are 
       currently receiving length of service payments shall 
       have this payment incorporated into their salary in the 
       new salary structure.

    E. Annual Leave Earnings

       Employees who earn 25 days leave, shall continue to earn 
       leave at the same rate as specified in the Policy on 
       Annual Leave for Regular Exempt Employees.

    F. Grievances

       Implementation of Phase II - Exempt of the USM pay 
       program shall have no effect on employee grievance 
       rights.

    G. Compensatory Leave

       Compensatory leave balances, existing at the time of 
       implementation of Phase II - Exempt of the USM pay 
       program, must be used within one year of implementation, 
       in accordance with institutional procedures.

III. Vesting (Grandparenting)

     Vesting, for purposes of this policy, is defined to be the 
     continued application of certain policies to employees in 
     certain Exempt categories at the time of implementation.  
     The vested policies are those set forth in Section IV.  
     Vesting shall cease when the employee accepts a position 
     at another USM institution, at which time all policies 
     and procedures generally applicable to Exempt employees, 
     shall govern the employee.

     A. Separation

        1. Associate Staff, Classified-Exempt and employees with
           a Librarian job title employed at the time of implementation 
           of Phase II-Exempt of the USM Pay Program shall 
           continue to be covered by policies governing termination
           for cause that were applicable to their job class or job 
           group prior to implementation.

        2. Employees in positions designated pursuant to Section
           I.B.3. of USM BOR VII-1.22 - Policy on Separation 
           for Regular Exempt Employees, at the time of implementation 
           of phase II-Exempt of the USM pay program, shall be 
           notified of such designation at the time of implementation 
           but no later than March 31, 2000.

     B. Probation

        Associate Staff, Classified-Exempt and employees with 
        a Librarian job title employed as of the time of implementation 
        of Phase II-Exempt of the USM Pay Program shall continue
        to be covered by policies governing probation that were 
        applicable to their job class or job group prior to 
        implementation.

     C. Special Action Appeals

        Classified-Exempt employees at the time of implementation 
        of Phase II-Exempt of the USM Pay Program shall continue 
        to be covered by the USM BOR VII-8.10 - Policy on 
        Special Action Appeals.

IV. VESTED POLICIES

THIS SECTION CONTAINS PERTINENT POLICIES THAT HAVE BEEN TRANSFERRED FROM OTHER SOURCES FOR REFERENCE PURPOSES. THE PRINT TYPE AND SIZE HAVE BEEN CHANGED TO PROVIDE A DISTINCTION.

  • Separation
      1. Associate Staff

    UM Personnel Policies and Rules for Associate Staff, Section G, pages 13-15, June 1989

      1. Requirements of Notice

    Employees who have completed the probation period may be removed from University employment by action for just cause, or notice as described below.

      1. Removal by Notice

    Employees may be removed from University employment by written notice without the right of appeal. The period of notice required will be dependent upon length of service. To determine the period of notice required for termination, oth er than rejection on probation or layoff, the length of service will be equivalent to creditable University service as a faculty, Associate Staff and/or classified employee.

    The entire period of notice must be provided. Failure to provide timely notice before the end of year seven will result only in an extension of employment through the required period of notice.

    However, this does not preclude rejecting Associate Staff on probation under section G.1.b. above, even though the employee may have completed seven years of University service.

    Period of Notice Table*

    Length of ServicePeriod of Notice
    Less Than One YearOne Month
    One Year But Less Than Four YearsThree Months
    Four Years But Less Than Seven YearsSix Months
    Seven Years or MoreCause Only

    1. Removal for Cause

    2. (1)  Cause

      An Associate Staff member can be removed for cause including, but not limited to, immorality, misconduct in office, incompetency, failure to perform assigned duties, willful neglect of duty, or permanent or chronic disability that seriously jeopardizes or prevents performance of the employee's assigned duties.

      ____________________________

      *Individuals appointed to the Associate Staff employment category on or after the effective date of this revised manual will be subject to the period of notice described he rein. Individuals appointed to the Associate Staff employment category prior to the effective date of this revised manual will be subject to the period of notice described in the Personnel Policies and Rules for Associate Staff Employees of the Univers ity of Maryland, January, 1974, reprinted in September, 1984.

      (2) Filing Charges for Removal

      Charges for the removal of an employee for just cause shall be filed in triplicate with the campus Director of Personnel who shall forthwith mail one copy by certified mail to the last known address of the employee. Such charges shall state specifical ly the acts that constitute cause for removal. Such notice shall also advise that the employee may, within 5 work days from the date of delivery as indicated by the return receipt or other evidence of delivery, request of the campus Director of Personnel an opportunity to be heard.

      The responsible administrator may suspend, with or without pay, any employee, pending the filing of charges for dismissal with the campus Director of Personnel. In the event an employee is suspended without pay and the charges are not received by the Director of Personnel within 10 work days from the date of suspension, the department must then place the employee on leave with pay until such charges are received.

      (3) Appeal

      When an appeal is timely filed, the campus Director of Personnel or designee shall, as soon as practicable, and in any case within 30 work days, investigate the charges and provide the employee an opportunity to be heard. Testimony may be taken and bo th the responsible administrator and the employee shall have the right to representation by counsel and the right to present witnesses and submit evidence. After completion of the hearing, or in case no hearing is timely requested, the campus Director of Personnel shall act upon the charges or order such other actions as may be indicated by the findings in the case. If a hearing is timely requested and the removal is upheld, Step 4 of the grievance procedure is available to the appellant.

       

      1. Classified-Exempt

      UM Policies and Procedures for Classified Employees, Conduct and Discipline, Section VIII, pages VIII-5 - VIII-7, March 1988

      Causes for Removal

      1. Any employee in the classified service who has completed a probationary period may be permanently removed from his position only for cause, upon written charges, and after an opportunity to be heard in his own defense, but in no case on account of his religious or political opinions or affiliations or for refusing to contribute to a political fund or render political services. The following shall be sufficient cause for removal, though removal may be for causes other than those enumerated:

        1. That the employee is incompetent or inefficient in the performance of his duty.
        2. That the employee has been wantonly careless or negligent in the performance of his duty or has used unwarrantable or excessive force in his treatment of public charges, fellow employees, or other persons.
        3. That the employee has some permanent or chronic physical or mental ailment or defect that incapacitates him for the proper performance of his duties.
        4. That the employee has violated any lawful official regulation or order or failed to obey any lawful and reasonable direction given by his superior officer when such violation or failure to obey amounts to insubordination or serious breach of discip line which may reasonably be expected to result in a lower morale in the organization or to result in loss or injury to the University or the public.
        5. That the employee has been wantonly offensive in his conduct toward fellow employees, users of University facilities or the general public.
        6. That the employee has taken for personal use a fee, gift, or other valuable thing in the course of his work or in connection with it when such fee, gift, or other valuable thing is given him by any person in the hope or expectation of receiving a f avor or better treatment than that accorded other persons.
        7. That the employee is engaged in a private business or in a trade or occupation where the duties of his position as prescribed by law or regulation require his entire time for their performance.
        8. That the employee has been guilty of a violation or violations of Section 40 of the Merit System Law, referring to dishonest or fraudulent actions regarding examinations and acts of coercion against other employees.
        9. That the employee has been convicted of a criminal offense or of a misdemeanor involving moral turpitude.
        10. That the employee, through negligence or willful conduct, has caused damage to public property or waste of public supplies.
        11. That the employee has been guilty of a violation or violations of the provisions of Chapter 122 of the Acts of 1908, commonly known as the Corrupt Practices Act, or using, threatening to use, or attempting to use political influence or the influenc e of any State employee or officer in securing promotion, transfer, leave of absence, or increased pay.
        12. That the employee has willfully made a false official statement or report.
        13. That the employee has been guilty of conduct such as to bring the classified service into public disrepute.

      1. Unless otherwise determined by the campus Director of Personnel, no employee who has been discharged from the University shall be eligible for future employment at the University.

      Filing Charges for Removal

      A Department Head or Chairman may suspend with or without pay any employee, pending the filing of charges for his removal with the campus Director of Personnel. Such charges shall state the cause(s) for removal and the specific acts which constitute c ause for removal. Charges for removal of an employee shall be filed in triplicate with the campus Director of Personnel who shall forthwith mail one copy by Registered or Certified Mail to the last known address of the employee against whom the charges a re brought. Such notice shall advise the employee that he may, within five working days of the date of delivery as indicated by the return receipt or other evidence of delivery, request an opportunity to be heard in his own defense. In the event an empl oyee is suspended without pay and the charges are not received by the campus Director of Personnel within ten (10) working days, the department must place the employee on leave with pay until such charges are received by the campus Department of Personnel . Rights of appeal to a suspension pending removal are outlined in Section IX.

      When an employee is to be informed of his suspension pending charges for removal, the notification to him must be in writing, stating the reasons for the suspension and advising the suspension may be appealed. If immediate personal delivery is not pos sible, such notice should be immediately mailed to the employee's last known address advising of the nature of the suspension and the effective date. In addition, the employee is to be advised that formal charges for removal will be forwarded to the campus Director of Personnel and then to the employee within a short period of time and, further, that information regarding his rights will accompany the formal charges.

      1. Librarians

      USM BOR VII - 2.15 - POLICY ON LIBRARIANS (Approved by the Board of Regents, October 6, 1995)

      PERMANENT STATUS

      Permanent status is here defined as continuing employment such that a decision to remove an employee must be made by the President of the campus and must be justified by cause as defined by campus policy.

      Each institution shall develop criteria and procedures for the review process leading to the granting of permanent status for librarians. Following review for form and legal sufficiency by the Office of the Attorney General, these procedures must be su bmitted to the Chancellor for review and approval.

      One who has completed seven consecutive years of service, beginning on or after July 1, 1991, as a full-time librarian at a system institution shall be granted permanent status.

      A person appointed to the position of Director shall serve in that capacity at the pleasure of the President or designee, regardless of whether the appointee has at the time of the appointment, or obtains during the appointment, permanent status as a l ibrarian.

      1. PROBATION
        1. Associate Staff

        UM Personnel Policies and Rules for Associate Staff, Section G, June 1989

        G. Probation, Reassignment, Requirements of Notice, and Lay Off
        1. Probation and Rejection on Probation

        1. Each Associate Staff employee is in a probationary status during the first year of appointment to the Associate Staff position. The employee shall earn and be able to use sick, annual, and holiday leave during the probation period.

      (1) If an incumbent has completed a probationary period for a classified position and the position is changed to the Associate Staff category, the incumbent will be considered to have completed the probationary period for the Associate Staff positio n.

      (2) If an incumbent is serving a probationary period for a classified position and the position is changed to the Associate Staff category, the incumbent will be required to serve the balance of a probationary period to equal one year.

      (3) If an incumbent has completed at least one year in a faculty position and the position is changed to the Associate Staff category, the incumbent will be considered to have completed the probationary period for the Associate Staff position. If a n incumbent has completed less than one year in a faculty position and the position is changed to the Associate Staff category, the incumbent will be required to serve the balance of a probationary period to equal one year.

      (4) If a current faculty, Associate Staff or classified employee is offered and accepts an Associate Staff appointment, other than described in items (2), and (3) above, the employee will serve a probationary period of one year.

        1. During the probationary period, the responsible administrator may, at his discretion, reject an employee and shall notify the campus Director of Personnel. The employee to be rejected shall be given at least 30 calendar days' written notice of the re jection. The notice is to be provided to the employee no later than 30 calendar days prior to the expiration of the probation period. The notification period requirement does not apply if the rejection is the result of a breach of discipline or of such gross incompetence as to jeopardize essential services. The notice of rejection shall also advise that the employee may, within five working days of the date of notification, file a written request with the campus Director of Personnel for a hearing at S tep 3 of the grievance procedure only for the purpose of showing that the rejection is procedurally deficient or in violation of law.

      1. Classified-Exempt

      UM Policies and Procedures for Classified Employees, Probation, p. II-15 through II-19, July 1, 1990.

      Probation

      1. Persons Subject to Probation

      a. An Original Probation will be served by

      (1) Any person entering University System service by appointment to a regular position in the classified service,

      (2) A current employee appointed to a position at an institution other than the one at which employed,

      (3) A former employee returning to University System service

      (a) in a classification other than the one held at separation, and/or;

      (b) to a department other than the one where employed at separation.

      (4) Any person reinstated to University System service, unless subsection 2(a) below applies.

      b. A Status Change Probation period will be served by an employee who has Satisfactorily completed an original probation period and who is appointed to another position at the same institution as a result of promotion, demotion, horizontal change, tra nsfer or reinstatement from Reinstatement Group B, except that a reinstatement Group B employee appointed to a classification or department other than the one held at separation must serve an original probation as provided in subsection 1 (a)(3) above.

    IMPLEMENTATION PROCEDURES:

    Each Chief Executive Officer shall develop procedures as necessary and submit a copy to the Chancellor.

     

    DEFINITIONS:

    "Original Probation" means a probation period required of any employee entering the University System by appointment to a regular position, a current employee appointed to a position at an institution other than the one at which emp loyed, or a former employee returning to University service in a classification other than the one held at the time of separation or to a department other than the one where employed at separation.

    "Status Change Probation" means a probation period required of an employee who is appointed to another position at the same institution as the result of a promotion, demotion, horizontal change, transfer or reinstatement, except th at a reinstated employee appointed to a classification or department other than the one held at separation must serve an original probation and would be subject to the appeal process for original probation outlined in D.1. above.

    "Working Days" are Monday through Friday regardless of work schedule, weekend work or mid-week days off.

    REFERENCES:

    13-1A-01 through 06 of the Education Article, Annotated Code of Maryland, 1989 Replacement Volume.

    Replacement for:

    Personnel Policies and Rules for Classified Employees. Section IX, Grievances and Appeals, Appeals-Special Actions, Page IX-3, March 1988.

      V. MISCELLANEOUS
      
         Any human resources, salary, or benefits administration 
         issues related to employees whose job title or job group 
         changed because of the implementation of the USM Pay Program 
         that are not expressly mentioned and vested by virtue of this
         policy shall be governed by all policies in effect and 
         applicable to the employee's new job group.
      
      IMPLEMENTATION PROCEDURES:
      
         Each Chief Executive Officer or designee, if appropriate, 
         for this policy; shall develop procedures as necessary to 
         implement this policy; and shall forward a copy of the 
         procedures to the Chancellor.
      
      REPLACEMENT FOR:
      
         UM Personnel Policies and Rules for Associate Staff, 
         Employment Standards for Associate Staff, Paragraph P. 
         Change in Employment Category, page 39, June 1989.
      
         UM Personnel Policies and Rules for Associate Staff, 
         Section G.1.b, page 12, June 1989.
      
         UM Policies and Procedures for Classified Employees, 
         Probation, page II-15 through page II-19, July 1, 1990.
      
         USM BOR 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, 
         Section IV. 12-111 Appointments; classified employees, pages 
         VII-1.00-4, VII-1.00-5; VII-4.61 Policy on Length of Service 
         Payment for Classified Employees, page VII-4.61-1.
      
         Laws Relating to and Governing Policies and Procedures of 
         the BTSUC, Section VI, Administrative Officers, Paragraphs 
         B. Transition of Professional Positions from Classified to 
         Unclassified Status, C. Appointment, page VI-1, July 1985.
      
         Additionally, this policy supersedes, in whole or in part, 
         any policy(ies) and/or procedure(s) established by the 
         Regents, Trustees, Presidents, or their designees, of the 
         former institutions of the University of Maryland, and of 
         the former State Universities and Colleges, and of the 
         Regents of the University of Maryland System that are in 
         conflict with this policy's purpose, applicability, or 
         intent, that may have been overlooked and not included as a 
         specific citation under Replacement For.