2013 Maryland Code
EDUCATION
§ 23-406 - Library personnel

§23-406.

(a) Each board of library trustees:

(1) Shall select and appoint a professional librarian eligible for certification as director of the library to serve at the pleasure of the board; and

(2) May delegate to the director its authority to appoint any other necessary employees.

(b) Each board of library trustees shall establish policies for:

(1) Staff classification;

(2) Salaries;

(3) Work conditions;

(4) Suspension with pay;

(5) Grievance procedures;

(6) Benefits, including vacation and sick leave;

(7) Hours of work; and

(8) Any other personnel procedures and practices necessary for the efficient operation of the library.

(c) Each professional public librarian appointee to the professional library staff:

(1) Shall hold a certificate of library qualifications issued by the State Superintendent; or

(2) (i) Shall be eligible for State certification as a professional public librarian; and

(ii) Shall apply for certification within 6 months of starting employment.

(d) (1) The director or the director’s designee may suspend a library employee without pay for a specified period up to 10 working days, for the following reasons:

(i) Misconduct in office;

(ii) Insubordination;

(iii) Incompetency; or

(iv) Willful neglect of duty.

(2) (i) The director or the director’s designee shall give the suspended employee a written statement that specifies the reasons for the suspension.

(ii) The director or the director’s designee shall place a copy of the written statement that specifies the reasons for the suspension in the employee’s official personnel file.

(3) (i) The employee shall have the opportunity to reply in writing to the director within 10 working days after the employee receives notice of the suspension.

(ii) The employee may request a hearing before the board of trustees within 10 working days after receiving notice of the suspension.

(iii) If the employee requests a hearing within the 10-day period, the board shall promptly hold a hearing, but a hearing may not be set within 10 working days after the board sends the employee a notice of the hearing.

(4) If an employee is suspended without pay and found not guilty of the reasons for the suspension, the board shall refund all pay benefits lost by reason of the suspension to the employee.

(5) Suspension of an employee with pay shall be as provided by the library’s personnel policy.

(e) (1) On written recommendation of the library director, each board of library trustees may dismiss any library employee under its jurisdiction for any of the following reasons:

(i) Misconduct in office;

(ii) Insubordination;

(iii) Incompetency; or

(iv) Willful neglect of duty.

(2) (i) Before removing an employee, the director shall send the employee a written copy of the charges against the employee and give the employee an opportunity to request a hearing before the board within 10 working days.

(ii) If the employee requests a hearing within the 10-day period the board promptly shall hold a hearing, but a hearing may not be set within 10 working days after the board sends the employee a notice of the hearing.

(iii) The employee shall have an opportunity to be heard publicly before the board in his own defense, in person or by counsel and to bring witnesses to the hearing.

(3) If the board votes to remove the employee and:

(i) The decision is unanimous, the decision of the board is final; or

(ii) The decision is not unanimous, the employee may appeal to the State Board of Education through the State Superintendent.

(f) The director of each library shall:

(1) Act as the general executive officer of the library and be responsible for the management of its operations in accordance with policies approved by the board of library trustees;

(2) Prepare the annual budget of the library, and present it to the board for approval;

(3) Nominate for appointment all library employees in the county library system; and

(4) Establish reasonable rules and adopt regulations for the use of the library system subject to approval by the board of library trustees.