Md. Code, Education, Title 23

in effect

Md. Code, Education § 23-101

(a) In this title the following words have the meanings indicated. (b) “Print disabled individual” means an individual who cannot effectively read print because of a visual, physical, perceptual, developmental, cognitive, or learning disability. (c) “State Library Agency” means the Maryland State Library Agency. (d) “State Library Board” means the Maryland State Library Board. (e) “State standards for libraries” means the standards for the consistent and equitable operation of a library that serve all citizens of the State as established under § 23–102.1(b) of this subtitle.

Md. Code, Education § 23-102

(a) The General Assembly finds: (1) That public library resources and services are essential components of the educational system; and (2) That libraries stimulate awareness and understanding of critical social issues, and assist individuals in reaching their highest potential for self–development. (b) It is the policy of this State: (1) To continue the orderly development and maintenance of library facilities and services throughout this State, in collaboration with the counties; and (2) To develop coordinated programs and services among libraries and institutions to: (i) Provide the widest possible access to the library and information resources of this State; and (ii) Ensure more effective and economical services to all library users.

Md. Code, Education § 23-102.1

§23–102.1. (a) (1) In this section, “library” includes: (i) The State Library Resource Center; (ii) A regional resource center; (iii) A correctional facility library; (iv) A county library system and the Enoch Pratt Free Library in Baltimore; (v) The Maryland State Library for the Blind and Print Disabled; (vi) The Maryland Deaf Culture Digital Library; and (vii) A metropolitan cooperative service program. (2) “Library” does not include a school library media program established by a local school system. (b) It is the policy of the State that each library shall operate in a manner consistent with the following standards: (1) Library materials, services, and resources exist and should be provided for the interest, information, and enlightenment of all persons the library serves; (2) A library should not exclude material from its catalogue because of the origin, background, or views of a person who created the material; and (3) A library should not prohibit or remove material from its catalogue because of partisan, ideological, or religious disapproval. (c) It is the intent of the General Assembly that a library that receives funding from the State adopt and follow a written policy for operation of a library that is consistent with the State standards for libraries under subsection (b) of this section.

Md. Code, Education § 23-102.2

§23–102.2. (a) (1) In this section the following words have the meanings indicated. (2) “Automated external defibrillator (AED)” has the meaning stated in § 13–517 of this article. (3) (i) “Library” means: 1. Each branch of a county library system; or 2. The Enoch Pratt Free Library. (ii) “Library” does not include: 1. A school library established by a local school system; 2. A mobile library unit; or 3. A correctional facility library. (b) Beginning January 1, 2026, each library shall: (1) Place an automated external defibrillator in a prominent area, accessible to employees and library users; (2) Comply with § 13–517 of this article; and (3) Maintain the functionality of the automated external defibrillator. (c) In addition to any other immunities available under statutory or common law: (1) A library is not civilly liable for any act or omission in the provision of automated external defibrillation if the library has satisfied the requirements under this section; (2) An individual is not civilly liable for any act or omission if: (i) The individual is acting in good faith while rendering automated external defibrillation to another individual who is the victim or is reasonably believed by the individual to be a victim of a sudden cardiac arrest; (ii) The assistance or aid is provided in a reasonably prudent manner; and (iii) The automated external defibrillation is provided without fee or other compensation; and (3) A library or individual is not civilly liable for failing to render automated external defibrillation to an individual who is a victim or is reasonably believed to be a victim of a sudden cardiac arrest.

Md. Code, Education § 23-103

There is a State Library Agency and a State Library Board. The State Library Agency is the central State library agency.

Md. Code, Education § 23-104

(a) The head of the State Library Agency is the State Librarian, who is appointed by the State Library Board with the advice and consent of the Senate. (b) The State Librarian shall: (1) Hold an advanced degree in library and information service; (2) Have administrative experience in libraries; and (3) Have any other qualifications the State Library Board considers necessary. (c) The State Librarian shall: (1) Select, organize, and direct the staff of the State Library Agency; (2) Perform the duties the State Library Board assigns; (3) See that the policies and decisions of the State Library Board are carried out; and (4) Serve at the pleasure of the State Library Board. (d) The State Librarian is entitled to the salary provided in the State budget. (e) (1) The State Library Agency may employ the professional and clerical staff provided in the State budget. (2) Each employee of the State Library Agency is entitled to the salary provided in the State budget. (3) Each employee of the State Library Agency shall join the Teachers’ Pension System of the State of Maryland or the Employees’ Pension System of the State of Maryland.

Md. Code, Education § 23-105

(a) In addition to the other powers granted and duties imposed by this article, the State Library Board has the powers and duties set forth in this section. (b) The State Library Board shall appoint the State Librarian. (c) The State Library Board shall exercise general direction and control of library development in this State and may: (1) Adopt rules and regulations necessary to administer this title; (2) After considering the recommendations of the State Librarian, establish library policies and procedures for the statewide system of libraries; (3) Consider the library needs of this State and recommend to the Governor and the General Assembly desirable legislation; and (4) With the approval of the Governor, accept, administer, and spend any appropriation, gift, or grant for library purposes from the federal government or from any other person. (d) In accordance with the bylaws, rules, and regulations of the State Board of Education, the State Superintendent shall certificate professional library personnel. (e) (1) Each year the State Library Board shall report to the Governor and the people of this State on the support, condition, progress, and needs of libraries. (2) The report required under paragraph (1) of this subsection shall include any findings of the State Library Agency related to its duties under § 23–106(b)(4) of this subtitle. (f) The State Library Board shall approve county public library capital projects for State funding in accordance with § 23–509 of this title. (g) The State Library Board shall develop policies for the operation of libraries that are consistent with the State standards for libraries.

Md. Code, Education § 23-106

(a) In addition to any other powers granted and duties imposed by this title, and subject to the authority of the State Library Board, the State Library Agency has the powers and duties set forth in this section. (b) The State Library Agency shall: (1) Provide leadership and guidance for the planning and coordinated development of library and information service in this State; (2) Develop statewide public and school library services and networks, resource centers, and other arrangements to meet the library and information needs of this State; (3) Provide professional and technical advice on improving library services in this State to: (i) Public and school library officials; (ii) Higher education and special library officials; (iii) State government agencies; and (iv) Any other person; (4) (i) Collect library statistics and other data; (ii) Identify library needs and provide for needed research and studies of them; and (iii) Coordinate library services with other information and education services and agencies; (5) Administer federal and State funds appropriated to it by the State for library purposes; (6) (i) Develop and recommend professional standards and policies for libraries; and (ii) Establish requirements and procedures for the certification of librarians and library personnel; (7) Provide: (i) Specialized library service to the blind and other print disabled individuals in this State; and (ii) Other desirable specialized library services; (8) Encourage, advise, and assist in establishing, operating, and coordinating libraries at State institutions and agencies and administer the operation of library and information services for the State Library Board; (9) Administer the State grant program for county public library capital projects, in accordance with § 23–509 of this title; (10) Adopt guidelines for the administration of public libraries and recommend to the State Library Board rules and regulations to implement this title; (11) Cooperate with national library agencies and those of any other state; (12) Develop a Deaf Culture Digital Library in accordance with § 23–109 of this subtitle; (13) Ensure that each library as defined in § 23–102.1 of this subtitle that receives State funds is operated in a manner consistent with the State standards for libraries; and (14) Perform any other duty necessary for its proper operation.

Md. Code, Education § 23-107

(a) There is a Maryland State Library Board. (b) (1) The State Library Board consists of 12 members, 7 of whom are appointed by the Governor. Each member is entitled to participate fully and equally in the activities of the Board. (2) Each member shall: (i) Be a resident of this State; (ii) Be an individual of ability and integrity who is experienced in public or library affairs; and (iii) Represent the interests of the citizens of this State in better library services. (3) (i) Of the appointed members: 1. Four shall be selected from the public at large; 2. One shall be a professional librarian; 3. One shall be a library trustee; and 4. One shall be a blind patron of the Maryland Library for the Blind and Print Disabled. (ii) The Governor shall ensure geographic diversity when appointing members. (4) The following officials serve ex officio and each may designate someone to serve in his place: (i) The President of the Congress of Academic Library Directors; (ii) The President of the Board of Trustees of Enoch Pratt Free Library; (iii) The President of the Maryland Library Association; (iv) The Dean of the University of Maryland College of Library and Information Services; and (v) The President of the Maryland Association of School Librarians. (5) (i) Each appointed member serves for a term of 5 years and until a successor is appointed and qualifies. These terms are staggered as required by the terms of the members serving on July 1, 1978. (ii) An appointed member may not serve more than two consecutive terms. (iii) A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term and until a successor is appointed and qualifies. (6) Each member of the State Library Board: (i) Serves without compensation; and (ii) Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations. (c) (1) Each year: (i) The Governor shall appoint a member of the State Library Board as its Chairman; and (ii) The State Library Board shall elect one of its members as its vice chairman. (2) The State Librarian shall: (i) Serve as secretary to the State Library Board; (ii) Record the proceedings of the State Library Board; and (iii) Provide necessary staff services. (3) Each year, the State Library Board: (i) Shall hold at least four regular meetings; and (ii) May hold special meetings as necessary. (4) Seven members of the State Library Board are a quorum and at least 7 affirmative votes are required for any recommendation to: (i) The State Library Agency; or (ii) The Governor. (d) The State Library Board shall: (1) Gather information on the needs of libraries throughout this State; (2) Oversee the State Library Agency; (3) Advise the Governor on library matters; and (4) Promote improvement of library services in this State. (e) The State Library Board may be funded annually as provided in the budget of the State Library Agency.

Md. Code, Education § 23-108

(a) Subject to the provisions of subsection (b) of this section, a public, school, college, or university library in this State shall prohibit inspection, use, or disclosure of any circulation record or other item, collection, or grouping of information about an individual that: (1) Is maintained by a library; (2) Contains an individual’s name or the identifying number, symbol, or other identifying particular assigned to the individual; and (3) Identifies the use a patron makes of that library’s materials, services, or facilities. (b) A public, school, college, or university library in the State shall permit inspection, use, or disclosure of the circulation record of an individual only: (1) If necessary for the reasonable operation of the library; (2) On written consent of the individual; or (3) By subpoena or court order.

Md. Code, Education § 23-109

(a) The State Library Agency shall establish the Deaf Culture Digital Library as the primary information center on deaf resources for library customers and staff in the State. (b) The Deaf Culture Digital Library shall: (1) Conduct a needs assessment to identify gaps in library services for deaf patrons and to implement strategies to fill the gaps and better coordinate library services for the deaf; (2) In coordination with the Governor’s Office of the Deaf and Hard of Hearing, develop and provide sensitivity training for State and county library staff to help them better understand deaf patrons and their needs; (3) Develop a website that will allow for information sharing and coordination between the Deaf Culture Digital Library and county library systems; (4) In coordination with the State Library Agency, develop deaf–related programs and materials and share them with county library systems and other libraries in the State; (5) Develop partnerships and strategic alliances with other entities, including: (i) The Governor’s Office of the Deaf and Hard of Hearing; (ii) County library systems; (iii) The State Library Agency; (iv) Veterans’ groups; (v) State and local arts councils; (vi) Senior citizens organizations; and (vii) Deaf and hard of hearing organizations, including: 1. The National Association of the Deaf; 2. The Hearing Loss Association of America; and 3. The Maryland Association of the Deaf; (6) Encourage partnerships and collaborations with information service providers to help provide virtual access to information and research; (7) Form a Deaf Culture Digital Library Advisory Board to provide advice on initiatives that further advance the mission and goals of the Deaf Culture Digital Library and the majority of whose members are deaf or hard of hearing and selected from the following entities: (i) County library systems; (ii) The State Library Agency; (iii) The Governor’s Office of the Deaf and Hard of Hearing; (iv) Statewide deaf and hard of hearing organizations; and (v) Other organizations as agreed on by the Governor’s Office of the Deaf and Hard of Hearing and the State Library Agency; and (8) Establish a Deaf Culture Digital Library “Friends of the Library” group composed of individuals who are strongly committed, well–positioned, and able to promote community involvement, advocacy, and funding for the Deaf Culture Digital Library. (c) The lead employee or coordinator who manages the Deaf Culture Digital Library shall be: (1) A deaf or hard of hearing individual; and (2) Knowledgeable and experienced concerning issues affecting deaf and hard of hearing individuals. (d) For fiscal year 2026 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $450,000 to the Deaf Culture Digital Library. (e) The Deaf Culture Digital Library shall submit its annual operating budget to the State Library Agency on or before June 1 each year.

Md. Code, Education § 23-110

(a) (1) In this section the following words have the meanings indicated. (2) “Early reader organization” means a nonprofit organization: (i) That is tax exempt under § 501(c)(3) of the Internal Revenue Code; and (ii) Whose mission is to distribute to children free, high–quality books designed to aid the development of reading skills. (3) “Program” means the Baltimore City Young Readers Program. (b) There is a Baltimore City Young Readers Program in the State Library Agency. (c) The purpose of the Program is to work with an early reader organization to distribute free, high–quality books to children in Baltimore City. (d) The State Librarian shall: (1) Administer the Program; and (2) Carry out the Program in partnership with an early reader organization partner. (e) For each fiscal year, the Governor shall include in the annual budget bill an appropriation of $200,000 to the Program.

Md. Code, Education § 23-111

(a) (1) In this section the following words have the meanings indicated. (2) “Affiliated service” means a book–gifting service performed by a nonprofit organization that is tax exempt under § 501(c)(3) of the Internal Revenue Code or a unit of State, county, or municipal government that forms an affiliated partnership with an early reader organization. (3) “Early reader organization” means a nonprofit organization: (i) That is tax exempt under § 501(c)(3) of the Internal Revenue Code; and (ii) Whose mission is to distribute to children free, high–quality books designed to aid the development of reading skills. (4) “Program” means the Young Readers Matching Grant Program. (b) There is a Young Readers Matching Grant Program in the State Library Agency. (c) The purpose of the Program is to provide grants to public libraries and affiliated services to: (1) Support the establishment and operation of affiliated services; and (2) Contribute an amount equal to the amount of funding provided for the operation of an affiliated service. (d) The State Librarian shall administer the Program. (e) (1) A public library or an affiliated service may submit an application for a program grant on the form that the State Librarian requires. (2) An application for a program grant shall include a plan to ensure that the public library or the affiliated service is able to gift books to eligible children, including children in low–income zip codes within its area of service. (3) A program grant shall be disbursed to a public library or an affiliated service that qualifies for the Program. (f) The State Library Board shall: (1) On or before December 1, 2024, and every other year thereafter, report to the General Assembly on the effectiveness of the Program in accordance with § 2–1257 of the State Government Article; and (2) Collect statistics and other information necessary for this purpose. (g) For each fiscal year, the Governor shall include in the annual budget bill an appropriation of $350,000 to the Program.

Md. Code, Education § 23-112

§23–112. IN EFFECT // EFFECTIVE UNTIL DECEMBER 31, 2028 PER CHAPTERS 367 AND 368 OF 2025 // (a) (1) In this section the following words have the meanings indicated. (2) “Child” means a biological or adopted child, a stepchild, a grandchild, or a legal ward of an incarcerated individual. (3) “Program” means the Family Literacy Pilot Program. (b) There is a Family Literacy Pilot Program. (c) The purpose of the Program is to foster family literacy and strengthen parent–child relationships by providing children’s books in State correctional facilities to incarcerated individuals and a means for an incarcerated individual to read aloud to the incarcerated individual’s child. (d) The Program shall be administered by the State Library Agency. (e) The State Library Agency, in consultation with the Department of Public Safety and Correctional Services and the Correctional Education Council, shall select four State correctional facility libraries or prerelease centers to participate in the Program that shall: (1) Represent each of the western, central, and eastern regions of the State; (2) Consist of at least one correctional facility serving female incarcerated individuals; and (3) Consist of at least one correctional facility serving male incarcerated individuals. (f) The State Library Agency shall select the children’s books for use in the Program including children’s books in languages other than English. (g) The State Library Agency, in consultation with the Department of Public Safety and Correctional Services and the Correctional Education Council, shall: (1) Establish a process to secure written permission to participate in the Program from the custodial parent or guardian of an incarcerated individual’s child; (2) Establish a process to assist an incarcerated individual in selecting an age–appropriate children’s book, preparing a recording of the incarcerated individual reading the book aloud, and distributing a copy of the book and the recording to the incarcerated individual’s child; and (3) Ensure participation in the Program is free of charge for the incarcerated individual, the child, and the custodial parent or guardian. (h) The State Library Agency may adopt regulations necessary to carry out the requirements of this section.

Md. Code, Education § 23-201

(a) The Central Library of the Enoch Pratt Free Library System is the State Library Resource Center. (b) The State Library Resource Center shall provide and expand access to specialized library materials and services that are necessary for coordinated, efficient, and economical library services in this State.

Md. Code, Education § 23-202

(a) The boards of library trustees of at least three public library systems outside the standard metropolitan statistical areas defined by the United States Bureau of the Census may request the State Library Board to establish and maintain a regional resource center. (b) Each regional resource center shall provide, through mutual cooperation and coordination, books, information, and other material and service resources that an individual library cannot provide adequately by itself. (c) (1) A region to be served by a regional resource center shall have a population of at least 100,000. (2) Subject to approval by the State Library Board, the boards of library trustees of the participating library systems shall designate the library to serve as the resource center. (d) (1) There is a board of advisors for each regional resource center that shall act as the Regional Advisory Council. (2) The Council consists of: (i) The director of the regional resource center; and (ii) The director of each member library system. (3) The Council for each regional resource center shall: (i) Gather information on the resource needs of its region; and (ii) Promote the use of the regional resource center. (e) (1) The director of the regional resource center is the executive officer of the regional resource center. (2) The director: (i) Is appointed by the governing board established in accordance with § 23–202.1 of this subtitle; and (ii) Shall serve at the pleasure of the governing board. (3) The director shall: (i) Be eligible for certification as a professional library director by the State Superintendent of Schools as set forth in COMAR 14.38.01.01; (ii) Have the powers and duties set forth in this title; and (iii) Appoint, promote, fix salaries, assign duties, and terminate personnel of the regional resource center. (f) (1) The director shall operate the regional resource center in accordance with: (i) The standards adopted by the State Library Board; and (ii) The policies adopted by the governing board. (2) The director shall: (i) Prepare and submit for the approval of the governing board the annual budget of the regional resource center; (ii) Adopt and submit for the approval of the governing board reasonable rules and bylaws to carry out this section; and (iii) Recommend to the governing board the purchase, condemnation, rental, use, sale, or conveyance of property for any valid purpose under this section. (g) (1) The policies and procedures of the regional resource center shall be: (i) Recommended by the board of trustees of the library designated as the regional resource center; and (ii) Approved by the Council. (2) The policies and procedures for operation of the regional resource center shall be consistent with the State standards for libraries. (h) Each regional resource center shall: (1) Make interlibrary loans of books and materials; (2) Supply collections and exhibits of specialized materials; (3) Provide consultant services; (4) Organize in–service training for library staffs; and (5) Develop and operate cooperative services among libraries.

Md. Code, Education § 23-202.1

§23–202.1. (a) There is a governing board for each regional resource center. (b) (1) Except as provided in paragraph (2) of this subsection, a governing board consists of the following members: (i) A library trustee from each participating library system; and (ii) Up to two members of the public from each area served by the participating library systems. (2) (i) The board of trustees of the Washington County Free Library shall act as the governing board for the Western Maryland Regional Resource Center. (ii) The bylaws adopted by the board of trustees of the Washington County Free Library shall govern the composition, appointment, qualifications, terms, and structure of the governing board. (c) A member appointed to a governing board must: (1) Be of good character; (2) Have demonstrated ability and interest in library matters; and (3) Be a resident of one of the counties participating in and being served by the regional resource center. (d) (1) Subject to paragraph (2) of this subsection, the members of the governing board shall be appointed by the governing board. (2) The initial members of a governing board shall be appointed by the Regional Advisory Council of the regional resource center. (e) A member of a governing board: (1) May not receive compensation as a member of the governing board; but (2) Is entitled to reimbursement for expenses in accordance with the rules, policies, and bylaws of the regional resource center. (f) (1) Each member serves for a term of 5 years beginning July 1 immediately following the member’s appointment and until a successor is appointed and qualifies. (2) A member may not serve for more than two consecutive terms. (3) (i) The governing board shall appoint a qualified individual to fill any vacancy in the member’s position for the remainder of that term until a successor is appointed and qualifies. (ii) A member appointed to fill a vacancy under subparagraph (i) of this paragraph may serve for two additional terms. (g) (1) A governing board shall elect a chair from among its members each year. (2) A governing board may elect any other officers determined necessary by the board. (3) If a governing board elects a treasurer, the treasurer shall be appropriately bonded. (h) (1) A governing board: (i) Shall determine the time and place of its meetings; and (ii) May adopt rules for the conduct of its meetings. (2) A governing board shall meet at least once every 3 months. (3) A governing board is subject to the Open Meetings Act. (4) A majority of the appointed members of the governing board is a quorum. (i) (1) A member of a governing board who fails to attend at least 50% of the scheduled meetings of the board during any consecutive 12–month period shall be considered to have resigned. (2) If the member has been unable to attend meetings for reasons satisfactory to the governing board, the governing board may waive the resignation. (3) The chair of a governing board shall report the member’s name and nonattendance to the State Library Board within 45 days after the end of the 12–month period. (4) The governing board shall fill any vacancy in accordance with subsection (f) of this section. (j) (1) In addition to the other powers expressly granted and duties imposed by this subtitle, a governing board has the powers and duties set forth in this subsection. (2) A governing board shall: (i) Select and appoint, with the advice of the State Librarian, a professional librarian to serve as director of the regional resource center; (ii) Determine the policies of the regional resource center; (iii) Adopt reasonable rules and bylaws for the use of the regional resource center and the conduct of its business; (iv) Approve the regional resource center budget; (v) In accordance with the regulations and laws of the State, receive, account for, control, and supervise the spending of all public funds received by the regional resource center; (vi) Adopt and follow a written policy for operation of the regional resource center that is consistent with the State standards for libraries; (vii) Publish the results of the audit conducted under paragraph (4)(ii) of this subsection; and (viii) Submit a report to the State Librarian on or before November 1 each year that includes: 1. The amount of money received from the library fund and other sources; 2. Itemized expenses; 3. The number of books and periodicals in the possession of and owned by the regional resource center; 4. The results of the annual audit; and 5. Any other information required by the State Library Board. (3) A governing board may: (i) Apply, accept, and expend any gift, appropriation, or grant from the State, county, or federal government or any other person on behalf of the regional resource center; (ii) Recommend the purchase, condemnation, rental, acquisition, use, or conveyance of property for any valid purpose under this section; (iii) Recommend plans for the regional resource centers, including the use of facilities of participating libraries, additions to the facilities of participating libraries, or new facilities separate from the existing facilities of participating libraries; (iv) Select the location of and approve plans for the erection of regional resource center buildings, subject to the approval of the State Library Board and the Governor; (v) Make agreements with any person for any library service; and (vi) Perform any other actions necessary for the proper control and development of the regional resource center. (4) In addition to other reports that may be required by the State Library Board, the Board shall: (i) Keep records that are consistent with sound business practices and accounting records that use generally accepted accounting principles; (ii) Cause an audit by an independent certified public accountant approved by the State Librarian to be made of the accounts and transactions of the regional resource center at the conclusion of each fiscal year; and (iii) For any State money, be subject to an audit by the Office of Legislative Audits, in accordance with §§ 2–1220 through 2–1227 of the State Government Article. (k) The governing board may not dismiss, suspend, discipline, demote, reassign, transfer, or otherwise retaliate against an employee for acting in a manner consistent with the regional resource center’s written policy implementing the State standards for libraries.

Md. Code, Education § 23-203

(a) The board of library trustees of any public library system that is not participating in a regional resource center may participate in a metropolitan cooperative service program. (b) Each metropolitan cooperative service program shall conform to standards adopted by the State Library Board. (c) Each metropolitan cooperative service program shall make an annual report of its operations to the State Library Board.

Md. Code, Education § 23-204

The State Library Board periodically shall evaluate the effectiveness of the services performed by each regional resource center and metropolitan cooperative service program and may request any reports and information necessary for this purpose.

Md. Code, Education § 23-205

(a) Subject to subsection (g) of this section, each year, the State Library Board may include in its budget operating funds for: (1) The State Library Resource Center; (2) Each regional resource center; (3) The Maryland Library for the Blind and Print Disabled; (4) The Deaf Culture Digital Library; and (5) Each metropolitan cooperative service program. (b) (1) Subject to subsection (g) of this section, the State shall pay all capital expenses for: (i) The State Library Resource Center; and (ii) Each regional resource center. (2) Before any money is spent under this subsection, the appropriate board of library trustees shall: (i) Have the project approved by the State Library Board; (ii) Through the State Library Board, submit the request to the Department of Budget and Management for consideration under Title 3, Subtitle 6 of the State Finance and Procurement Article; and (iii) Agree to reimburse the State Library Board an amount the State Library Board determines if the facility ceases to be used for a resource center or cooperative service program. (c) (1) Subject to subsection (g) of this section, each year each participating regional resource center shall receive a minimum amount of funding for each resident of the area served, to be used for operating and capital expenses. (2) The allocation shall be calculated as follows: (i) For each of fiscal years 2011 through 2015.... $6.75 per each resident of the area served; (ii) For fiscal year 2016........................................ $6.95 per each resident of the area served; (iii) For fiscal year 2017........................................ $7.15 per each resident of the area served; (iv) For fiscal year 2018........................................ $7.55 per each resident of the area served; (v) For fiscal year 2019........................................ $7.95 per each resident of the area served; (vi) For fiscal year 2020........................................ $8.35 per each resident of the area served; (vii) For fiscal year 2021........................................ $8.55 per each resident of the area served; (viii) For fiscal year 2022........................................ $8.75 per each resident of the area served; (ix) For fiscal year 2023........................................ $9.19 per each resident of the area served; (x) For fiscal year 2024........................................ $9.39 per each resident of the area served; (xi) For fiscal year 2025........................................ $9.59 per each resident of the area served; (xii) For fiscal year 2026........................................ $9.79 per each resident of the area served; and (xiii) For fiscal year 2027 and each fiscal year thereafter................................................................................................... $9.99 per each resident of the area served. (d) (1) Subject to subsection (g) of this section, each year the State Library Resource Center shall receive a minimum amount of funding for each State resident in the previous fiscal year, to be used for operating and capital expenses. (2) The allocation shall be calculated as follows: (i) For each of fiscal years 2010 through 2016............................................................................................$1.67 per State resident; (ii) For fiscal year 2017 $1.69 per State resident; (iii) For fiscal year 2018 $1.73 per State resident; (iv) For fiscal year 2019 $1.77 per State resident; (v) For fiscal year 2020 $1.81 per State resident; (vi) For fiscal year 2021 $1.85 per State resident; (vii) For fiscal year 2022 $1.89 per State resident; (viii) For fiscal year 2023 $1.93 per State resident; (ix) For fiscal year 2024 ………….........$1.97 per State resident; and (x) For fiscal year 2025 and each fiscal year thereafter...................................................................................$2.07 per State resident. (e) Subject to subsection (g) of this section, beginning in fiscal year 2016 and in each fiscal year thereafter, the Maryland Library for the Blind and Print Disabled shall receive an amount equivalent to at least 25% of the amount received by the State Library Resource Center for the same fiscal year under subsection (d) of this section. (f) (1) The State Library Board shall: (i) Disburse funds to the State and regional resource centers, the Maryland Library for the Blind and Print Disabled, and metropolitan cooperative service programs; and (ii) Require that these funds be used subject to any conditions specified by the appropriating agency or imposed under this subtitle. (2) The State Library Board may authorize the State Comptroller to withhold funds from any regional resource center or metropolitan cooperative service program that fails to meet the standards adopted by the State Library Board. (g) (1) Receipt of funding under this section is contingent on a library, resource center, or metropolitan cooperative service program adopting a written policy for operation of the library, center, or program that is consistent with the State standards for libraries. (2) (i) The Comptroller shall withhold all State funds from any regional resource center or metropolitan cooperative service program that the State Library Board certifies has failed to meet the State standards for libraries. (ii) The Comptroller shall continue to withhold funds under subparagraph (i) of this paragraph until the State Library Board certifies that the regional resource center or metropolitan cooperative service program has adopted a written policy consistent with the State standards for libraries.

Md. Code, Education § 23-206

(a) Any two or more boards of library trustees acting as incorporators under this section and the nonstock corporation laws may organize a cooperative library corporation to administer joint library projects in their counties. (b) (1) The membership of the corporation consists of the members of each board of library trustees that signs the articles of incorporation. (2) If each of the member boards agree, another county may become a member of the corporation. (c) The member boards may delegate any of their intracounty powers and duties to the corporation to the extent necessary to enable it to carry out and administer joint library projects. (d) Professional and clerical employees of a cooperative library corporation shall join the Teachers’ Retirement System. (e) Each cooperative library corporation: (1) Is entitled to use the library fund; (2) Shall have the annual audit required for a library; (3) Shall make the annual report required of a board of library trustees; and (4) Is exempt from taxation under § 7-202 of the Tax - Property Article.

Md. Code, Education § 23-301

(a) In this subtitle the following words have the meanings indicated. (b) (1) “Depository library” means a library designated for the receipt and maintenance of State publications. (2) “Depository library” includes: (i) The State Library Resource Center; (ii) The Maryland Department of Legislative Services Library; (iii) The State Archives; (iv) The Maryland Thurgood Marshall State Law Library; (v) The McKeldin Library of the University of Maryland; (vi) The Library of Congress; and (vii) Any other library designated by the Commission on State Publications Depository and Distribution Program as a depository library. (c) “Program” means the State Publications Depository and Distribution Program. (d) “State agency” means any permanent or temporary State office, department, division or unit, bureau, board, commission, task force, authority, institution, State college or university, and any other unit of State government, whether executive, legislative, or judicial, and includes any subunits of State government. (e) (1) “State publication” means informational materials produced, regardless of format, by the authority of, or at the total or partial expense of any State agency. (2) “State publication” includes a publication sponsored by a State agency, issued in conjunction with, or under contract with the federal government, local units of government, private individuals, institutions, corporations, research firms, or other entities. (3) “State publication” does not include correspondence, interoffice and intraoffice memoranda, routine forms or other internal records, publications of bicounty agencies which comply with this program as required in § 23-304 of this subtitle, or any informational listing which any State statute provides shall be sold to members of the public for a fee.

Md. Code, Education § 23-302

(a) There is created, as part of the State Library Resource Center at the Enoch Pratt Free Library, a State Publications Depository and Distribution Program. (b) This Program is responsible for: (1) The collection of State publications; (2) The distribution of State publications to the depository libraries; (3) The monthly issuance of a list of all State publications that have been received by the Center. This list shall be sent to all depository libraries and to others upon request and the Center may provide for subscription services; and (4) Making determinations on exemptions of State publications from the depository requirements of this subtitle. (c) The Administrator of the Program shall be appointed by the Director of the State Library Resource Center. (d) Funding for the Program shall be provided in the budget of the State Library Board in a program entitled State Publications Depository.

Md. Code, Education § 23-303

(a) Each State agency shall designate an agency publications contact person, and shall notify the Center of the designation. (b) Each State agency shall furnish to the Center a sufficient quantity of each publication to meet the requirements of the depository system.

Md. Code, Education § 23-304

Each bicounty agency shall: (1) Designate an agency publications contact person, and notify the Center of the designation; (2) Furnish to the Center 1 copy of each publication to meet the requirements of the depository system; and (3) Furnish 1 copy each to a designated branch library within each county library system of the counties in which the bicounty agency operates or furnish all copies to the Center for distribution as stated in this section.

Md. Code, Education § 23-401

(a) The governing body of each county may establish, and appropriate an amount to support, a county public library system free from political influence. (b) Each county public library system shall be governed by a board of trustees. However, a charter county may: (1) Establish a county library agency and grant it some or all of the powers of a board of trustees; or (2) Have a board of library trustees, provide for the board’s selection, and determine its powers.

Md. Code, Education § 23-402

(a) (1) The Mayor and City Council of Baltimore shall be governed by the requirements and regulations pertaining to the Enoch Pratt Free Library of Baltimore City as provided in Chapter 181 of the Acts of 1882 and any other laws applicable to the operation of public libraries. (2) The powers and duties of the Board of Trustees of the Enoch Pratt Free Library are as provided in Chapter 181 of the Acts of 1882 and the Charter and the Articles of Incorporation of the Enoch Pratt Free Library and other laws applicable to the Board of Trustees of the Enoch Pratt Free Library. (3) A State grant shall be made available to fund the increased operating expenses for the branches of the Enoch Pratt Free Library that increase their operating hours above the hours in effect as of January 1, 2016. (4) (i) For fiscal year 2023 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $3,000,000 to support the additional operating expenses for the increased hours of operation of all branches of the Enoch Pratt Free Library subject to increased operating hours as provided in paragraph (3) of this subsection. (ii) 1. To receive any State funds under subparagraph (i) of this paragraph, Baltimore City shall provide a 25% match for each dollar of State funds granted to support the additional operating expenses related to the increased hours of operation of the branches of the Enoch Pratt Free Library that, in that fiscal year, will be subject to increased operating hours as provided in paragraph (3) of this subsection. 2. Baltimore City may use public and private funds to satisfy the requirements of subsubparagraph 1 of this subparagraph. (iii) 1. In calculating the additional operating expenses of the increased hours of operation, the baseline hours of operation of all branches of the Enoch Pratt Free Library are those hours of operation in effect as of January 1, 2016. 2. The Maryland State Library Agency shall establish a process to distribute the State grant to Baltimore City or the Enoch Pratt Free Library for the additional operating expenses related to the increased hours of operation. (5) (i) It is the intent of the General Assembly that the operating hours of the branches of the Enoch Pratt Free Library that are increased in accordance with paragraphs (3) and (4) of this subsection shall be utilized to advance the library’s commitment to equity, inclusion, and greater access to library resources, programs, and services. (ii) On or before September 30, 2023, and each September 30 thereafter, the Mayor and City Council of Baltimore City shall provide a report to the Department of Budget and Management and, in accordance with § 2–1257 of the State Government Article, the Senate Budget and Taxation Committee and the House Appropriations Committee that includes: 1. A list of the branches of the Enoch Pratt Free Library with increased operating hours for the previous fiscal year that are above the operating hours in effect as of January 1, 2016; and 2. An evaluation of the impact of the increased hours of operation of the branches of the Enoch Pratt Free Library. (b) (1) The County Commissioners of Washington County shall be governed by the requirements and regulations pertaining to the Washington County Free Library as provided in Chapter 511 of the Acts of 1898 and any other laws applicable to the operation of public libraries. (2) The powers and duties of the Board of Trustees of the Washington County Free Library are as provided in Chapter 511 of the Acts of 1898 and the Charter, Articles of Incorporation, and other laws applicable to the Board of Trustees of the Washington County Free Library. (c) (1) Notwithstanding any other provisions of this subtitle, employees of the Prince George’s County Memorial Library System have the right to organize and bargain collectively through representatives of their choosing as authorized by the Prince George’s County Charter, Section 908, as of July 1, 1986. (2) Such employees shall be covered under the provisions of the Prince George’s County Labor Code, as provided in § 13A–116 of that Code, as of July 1, 1995. (3) (i) Notwithstanding any other provision of law, a certified bargaining agent or employee organization that represents employees of the Prince George’s County Memorial Library System may not call or direct a strike. (ii) Any certified bargaining agent or employee organization designated as an exclusive representative of the employees of the Prince George’s County Memorial Library System that violates any provision of this paragraph shall have its designation as exclusive representative revoked by the Prince George’s County Memorial Library System and the certified bargaining agent, employee organization, and any other employee organization that violates any provision of this paragraph is ineligible to be designated as exclusive representative for a period of 2 years after the violation. (iii) If a certified bargaining agent or an employee organization violates any provision of this paragraph, the Prince George’s County Memorial Library System shall stop making payroll deductions for dues of the organization for 1 year after the violation. (d) (1) (i) In this subsection the following words have the meanings indicated. (ii) “Bonus points” means established bonus or percentage points used during the bid evaluation process to adjust the bid price submitted by minority business enterprises for the purpose of ascertaining the lowest bidder. (iii) “Mandatory set–asides” means a procedure designating a certain percentage of total contract dollars for award to minority business enterprises. (iv) “Mandatory subcontracting” means a procedure mandating that a certain percentage of the dollar amount of designated contracts be subcontracted to minority business enterprises. (v) “Minority business enterprise” means any business enterprise: 1. A. That is at least 51 percent owned by 1 or more minority individuals; or B. In the case of any publicly owned corporation, at least 51 percent of the stock of which is owned by 1 or more minority individuals; and 2. Whose management and daily business operations are controlled by 1 or more minority individuals. (vi) “Percentage points” means established percentage points given for minority business enterprise participation in a sealed proposal process. (vii) “Restrictive bidding” means competitive bidding of designated contracts that are restricted to minority business enterprises. (viii) “Restrictive price quotations” means negotiated small procurements that are restricted to minority business enterprises. (2) The Board of Trustees of the Prince George’s County Memorial Library System shall undertake and complete an internal and market fact–finding process by January 1, 1990, to assess the appropriate scope of a minority business enterprise program for the Board. The results of the fact–finding process, including statistical data, supporting documentation, and reports, shall be reported to the Prince George’s County Delegation of the General Assembly by January 31, 1990. (3) If the fact finding required by subsection (b) of this section demonstrates a compelling governmental interest to adopt a remedial minority business enterprise program, the Board of Trustees, by resolution and by implementing rules and regulations, shall establish a minority business enterprise program to facilitate the participation of certified minority business enterprises in contracts awarded by the Board. The program shall include specific goals and the definition of “minority individual”. (4) In establishing a minority business enterprise program, the Board of Trustees is authorized to use incentives to achieve the designated goals of the program, including but not limited to: (i) Mandatory set–aside procedures; (ii) Mandatory subcontracting procedures with reasonable waiver provisions; (iii) The application of bonus points; (iv) The application of percentage points; (v) Restrictive bidding; (vi) Restrictive price quotations; (vii) The reduction or waiver of bonding requirements; and (viii) Incentives to encourage maximum participation by: 1. Small businesses; 2. A variety of different businesses; and 3. Businesses located within Prince George’s County. (5) (i) The Board of Trustees may appoint a minority business enterprise officer to administer any minority business enterprise program established, who shall submit reports to the Board of Trustees. (ii) It is the responsibility of the minority business enterprise officer to conduct outreach programs to assist the minority business enterprise community in participating in any minority business enterprise program established under this subsection. (6) The Board of Trustees shall advise the Prince George’s County Delegation of the General Assembly regarding the substance of any minority business enterprise program that it establishes. (7) (i) The program shall be evaluated every 2 years. (ii) The results of any evaluation under this paragraph shall be submitted to the Prince George’s County Delegation of the General Assembly. (e) In Garrett County, the public library system operated by the Board of Trustees shall be known as the Ruth Enlow Library of Garrett County.

Md. Code, Education § 23-403

(a) (1) Except as provided in paragraph (3) of this subsection, each board of library trustees consists of seven members appointed by the county governing body from nominees submitted by the board of library trustees. (2) A board that existed before 1945 under a corporate charter may continue as constituted if: (i) It has at least seven members; (ii) The members are chosen on the basis of character, ability, and demonstrated interest in library matters; and (iii) The members meet the qualifications required under subsection (b) of this section. (3) In Harford County, the Board of Trustees consists of at least 7 members, but not more than 11 members, appointed by the county governing body from nominees submitted by the Board of Trustees. (b) The members of the board shall be: (1) Representative of the area the library serves; and (2) Residents of the county that the library serves. (c) (1) Except as provided in subsections (d) and (e) of this section, a member of a board serves for a term of 5 years and until a successor is appointed and qualifies. These terms are staggered as required by the terms of the members serving on the board as of July 1, 1978. (2) Except as provided in paragraph (4) of this subsection, a member may be reappointed but may not serve more than two consecutive terms. (3) A member appointed to fill a vacancy in an unexpired term: (i) Serves only for the remainder of that term and until a successor is appointed and qualifies; and (ii) Is eligible for appointment to serve two additional consecutive terms. (4) A member of the Board of the Prince George’s County Memorial Library System may serve an unlimited number of consecutive terms of office. (d) In Charles County, a member of the Board serves for a term of 4 years. (e) In Harford County, a member of the Board serves for a term of 5 years, beginning on July 1, and until a successor is appointed and qualifies. (f) Each member of a board serves without compensation.

Md. Code, Education § 23-404

(a) Each year, each board of library trustees: (1) Shall elect one of its members as its chairman; and (2) May elect any other officer it requires. (b) The treasurer of each board of library trustees shall be bonded adequately. (c) Each board of library trustees may determine the time and place of its meetings and may adopt rules for the conduct of its meetings. However: (1) Each board shall meet at least once every 3 months; (2) Any final action of a board shall be taken at a public meeting; and (3) The minutes of board meetings shall be open to the public. (d) (1) Any member of a board of library trustees who fails to attend at least half of the scheduled meetings of the board during any calendar year shall be considered to have resigned from the board. (2) The chairman of the board of library trustees shall report the member’s name and nonattendance to the county governing body by January 15 of the following year. (3) The county governing body may reject the resignation if the member explains his nonattendance satisfactorily. (4) The resignation is effective from the date of the final review by the county governing body, which shall be within 10 days after it receives the report from the chairman of the board of library trustees. The county governing body shall fill any resulting vacancy as provided in § 23-403 of this subtitle.

Md. Code, Education § 23-405

(a) In addition to any other powers granted or duties imposed by this subtitle, each board of library trustees has the powers and duties set forth in this section. (b) (1) Except as provided in paragraph (2) of this subsection, each board of library trustees: (i) Shall establish and operate the library to provide free services to residents of the county in which it is located; and (ii) May permit persons outside of the county to use the library facilities on the terms and conditions it determines. (2) In Baltimore City and Baltimore, Charles, Montgomery, and Prince George’s counties, the board of library trustees in each of these counties may permit a library to charge fees for the rental of media. (c) Each board of library trustees may: (1) Establish and operate libraries at any location in the county; (2) Determine the policy of the library; and (3) Adopt reasonable rules, regulations, and bylaws for the use of the library and the conduct of its business. (d) Each board of library trustees may: (1) Advise in the preparation of, and approve, the library budget; (2) Receive, account for, control, and supervise, under the rules and regulations of the county governing body, the spending of all public funds received by the library; and (3) Use the services of the fiscal agencies of the county governing body. (e) Each board of library trustees shall: (1) Provide for an audit at least annually, by an accountant approved by the State Librarian of its business and financial transactions and of the accounts of its treasurer; (2) Make public the results of the annual audit; and (3) Make an annual report to the county governing body and the State Librarian on or before November 1 of each year, except that a county having a population of more than 500,000 and having a county library agency as provided by § 23–401(b) of this subtitle shall submit their report by January 1. The report shall show: (i) The amounts of money received from the library fund and other sources; (ii) The itemized expenses; (iii) The number of books and periodicals the library has; (iv) The results of the annual audit; and (v) Any other information the State Library Board requires. (f) Each board of library trustees may: (1) Accept any gift, grant, or appropriation for library purposes from any person under any appropriate terms and conditions; (2) Own and dispose of these gifts, grants, and appropriations; (3) Recommend to the county governing body the acquisition, use, or conveyance of property, for any purpose valid under this subtitle; (4) Select the location of and approve plans for the erection of library buildings, subject to the approval of the county governing body; (5) Make contracts for any library service with any person; and (6) Do anything else necessary for the proper control and development of the library.

Md. Code, Education § 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 Library Board through the State Librarian. (f) If the board of library trustees adopts a written policy consistent with the State standards for libraries, an employee may not be dismissed, suspended, disciplined, demoted, reassigned, transferred, or otherwise retaliated against for performing their job duties consistent with the adopted written policy. (g) 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.

Md. Code, Education § 23-407

The board of library trustees of any library may use volunteer aides. These volunteer aides may not replace library personnel but shall assist regular personnel in carrying out their duties. Each board of library trustees shall develop guidelines for the selection and use of volunteer aides in its library system. Volunteer aides shall be considered agents of the board of library trustees for the limited purpose of comprehensive liability insurance coverage.

Md. Code, Education § 23-408

(a) A person may not unlawfully take, detain, mutilate, injure, or disfigure any book, map, picture, engraving, manuscript, or other property of any library. (b) Any person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $250, imprisonment not exceeding 3 months, or both.

Md. Code, Education § 23-409

(a) (1) In this section the following words have the meanings indicated. (2) “Overdue fine” means any amount charged by a public library to an individual for failure to return library materials by the end of the loan period. (3) “Replacement fee” means any amount charged by a public library to an individual for the replacement of library materials that have not been returned or have been returned in a damaged condition at the time the fee is issued. (4) “Reserve fee” means any amount charged by a public library to an individual for failure to collect library materials that have been placed on hold or reserved. (5) “Special collections” includes library materials such as cake pans, tools, framed art, and other groups of library materials that possess unique value and requirements for use, as designated by the public library. (b) This section does not apply to special collections. (c) (1) A public library may not charge an overdue fine: (i) To a minor; or (ii) For library materials intended for children or teens. (2) A public library may not charge a reserve fee: (i) To a minor; or (ii) For reserved library materials intended for children or teens. (3) (i) This paragraph applies to previously borrowed library materials that were: 1. Borrowed by a minor; or 2. Intended for children or teens. (ii) A public library may not prohibit an individual from borrowing library materials because the individual failed to return previously borrowed library materials until 21 days or more after the date the library materials were due. (4) (i) A public library may not charge a replacement fee until 21 days after the date on which the library materials were due: 1. To a minor; or 2. For library materials intended for children or teens. (ii) If overdue library materials borrowed by a minor or intended for children or teens are returned in a nondamaged condition after a public library has charged a replacement fee, the public library shall cancel the replacement fee. (iii) If overdue library materials borrowed by a minor or intended for children or teens are returned in a nondamaged condition within 6 months after a replacement fee has been paid, the public library shall refund the replacement fee. (d) Each board of library trustees shall adopt regulations to carry out this section.

Md. Code, Education § 23-410

Beginning January 1, 2024, each public library must offer at least one of the following services alone or in partnership with units of government or nonprofit organizations: (1) A program to increase scores on the kindergarten assessment administered under § 7–210 of this article; (2) A program designed to close learning gaps created by lack of access to education, including learning gaps that occurred during the COVID–19 pandemic; (3) An initiative to expand digital equity and access to free computing and broadband Internet; (4) An educational program providing technology instruction and skills, health literacy, instruction on operating a small business, and instruction on workforce development; (5) Serving as a community resource and distribution site during public emergencies; (6) A program to reduce barriers to STEM education, including by providing activities, classes, programs, and events; and (7) Support for mental health and reducing social and physical isolation.

Md. Code, Education § 23-501

(a) In this subtitle the following words have the meanings indicated. (b) “Adjusted assessed valuation of real property” means the most recent estimate by the State Department of Assessments and Taxation before the State budget is submitted to the General Assembly, of the sum of 100 percent of the assessed valuation of operating real property of public utilities and 50 percent of the assessed value of all other real property for State purposes as of July 1 of the first completed fiscal year before the fiscal year for which the calculation of State library aid is made under this subtitle. (c) “Capital expense” means principal and interest payments, or current capital spending or accumulation for: (1) The purchase of land for libraries; (2) The purchase and construction of library buildings; (3) Remodeling and adding to library buildings; and (4) The purchase of equipment and furniture for these library buildings. (d) “Net taxable income” means the amount certified by the State Comptroller for the second full calendar year before the fiscal year for which the calculation of State library aid is made under this subtitle, based on tax returns filed on or before July 1 after that calendar year. (e) “Population” means population determined from figures available as of July 1 of the calendar year before the fiscal year for which the calculation is made, from: (1) The latest decennial census; or (2) Estimates prepared by the Maryland Department of Health. (f) “Real property” means all property classified as real property under § 8–101(b) of the Tax – Property Article. (g) “Wealth” means the sum of net taxable income and adjusted assessed valuation of real property.

Md. Code, Education § 23-502

(a) There is a county-State minimum library program for the support and growth of public libraries. (b) The State shall share in the current operating and capital expenses of the county public library systems that participate in the minimum library program.

Md. Code, Education § 23-503

(a) (1) The entire capital and operating cost of the minimum library program for this State as a whole shall be shared as provided in this subsection. (2) Subject to subsection (d) of this section, the State shall provide: (i) Approximately 40 percent of the total cost of the minimum program; and (ii) Not less than 20 percent of the cost of the minimum program in any county. (3) The counties participating in the program together shall provide through local taxes approximately 60 percent of the total statewide cost of the minimum program. (b) (1) Subject to subsection (d) of this section, each county public library system that participates in the minimum library program shall be provided for each resident of the county, to be used for operating and capital expenses: (i) For each of fiscal years 2011 through 2015 – $14.00; (ii) For fiscal year 2016 – $14.27; (iii) For fiscal year 2017 – $14.54; (iv) For fiscal year 2018 – $15.00; (v) For fiscal year 2019 – $15.50; (vi) For fiscal year 2020 – $16.00; (vii) For fiscal year 2021 – $16.43; (viii) For fiscal year 2022 – $17.10; (ix) For fiscal year 2023 – $17.50; (x) For fiscal year 2024 – $17.90; (xi) For fiscal year 2025 – $18.30; (xii) For fiscal year 2026 – $18.70; and (xiii) For fiscal year 2027 and each fiscal year thereafter – $19.10. (2) (i) Subject to subsection (d) of this section, the State shall share in this amount. (ii) Any county may provide an amount greater than its share under the cooperative program, but the State may not share in the excess. (c) Any employer Social Security contributions required by federal law for any employee in a county public library system shall remain the obligation of the employer. (d) (1) Receipt of State funding for a county library system that participates in the minimum library program under this section is contingent on the board of library trustees adopting a written policy for operation of the county library system that is consistent with the State standards for libraries. (2) (i) The Comptroller shall withhold all State funds from a county library system that the State Library Board certifies has failed to meet the State standards for libraries. (ii) The Comptroller shall continue to withhold funds under subparagraph (i) of this paragraph until the State Library Board certifies that the county library system has adopted a written policy consistent with the State standards for libraries.

Md. Code, Education § 23-504

(a) (1) Subject to paragraph (2) of this subsection, a public library shall reimburse the State annually for the employer contributions made by the State for an employee who: (i) Is a member of the Teachers’ Retirement System or the Teachers’ Pension System under Division II of the State Personnel and Pensions Article; and (ii) Is receiving a salary funded by a source other than State or local aid. (2) To the extent that an employee’s salary is funded in part by sources other than State or local aid, the public library shall reimburse the State a pro rata share of the State’s payment based on the percentage of the employee’s salary funded by a source other than State or local aid. (b) (1) To ensure that each public library is properly reimbursing the State as provided under subsection (a) of this section, the State Library Board or, at the State Library Board’s request, a public library may at any time examine the records of public libraries to determine whether the State’s payments for retirement contributions for employees of the public libraries are in accordance with the provisions of Division II of the State Personnel and Pensions Article. (2) An audit conducted under paragraph (1) of this subsection may be: (i) Included with an existing annual financial audit as a supplemental part and tested independently; (ii) Conducted in conjunction with a supplemental federally mandated single audit of federal financial assistance programs and tested independently; or (iii) Conducted as a separate independent audit. (c) (1) (i) If an examination of the records of a public library shows that the State has paid more than is required under Division II of the State Personnel and Pensions Article, within 30 days after the date of the notice to the library of the State overpayment, the public library may appeal the notice of State overpayment to the Secretary of Budget and Management who shall appoint a hearing examiner. (ii) The hearing examiner shall make recommendations to the Secretary of Budget and Management who shall make a final determination regarding the amount, if any, of the State overpayment. (2) If a public library does not appeal to the Secretary of Budget and Management or if the Secretary of Budget and Management determines that the State is due reimbursement for excess payments as provided in paragraph (1) of this subsection, at the request of the State Library Board the money owed shall be deducted from any other State funds that would otherwise be paid to the public library. (3) For purposes of the Administrative Procedure Act, an appeal taken under this section is not a contested case. (d) (1) Any reimbursements under subsection (a) of this section: (i) Shall be applied first to the cost of any audit or portion of any audit relating to subsection (a) of this section to reimburse either the State Library Board or the public library for the expenses of the audits; and (ii) After reimbursement to the State Library Board or public library under item (i) of this paragraph, shall be credited to the General Fund. (2) If an audit under this section is performed by a public library, before the public library is reimbursed under paragraph (1)(i) of this subsection, the public library shall provide documentation to the State Library Board that the incremental costs of the audit incurred by the public library are reasonable.

Md. Code, Education § 23-505

(a) To be eligible for its State share of the minimum program, a county government shall levy an annual tax sufficient to provide an amount for library purposes equal to: (1) The wealth of the county; times (2) A uniform percentage, rounded to the fifth decimal place equal to: (i) 60 percent of the total minimum program for current and capital expenses to be shared for all counties; divided by (ii) The total wealth of all the counties. (b) The State share of the minimum program for current and capital expenses for each county is the difference between the county share calculated under subsection (a) of this section and the minimum program for current and capital expenses to be shared under § 23-503 of this subtitle. (c) Not more than 20 percent of the county and State shares may be applied to capital expenses. (d) The county appropriation for capital expenses may include funds from any source except the State.

Md. Code, Education § 23-506

(a) The State Librarian shall authorize the payment of funds under this subtitle: (1) To the board of library trustees of each county that has a board of trustees; or (2) In each county that does not have a board of library trustees, to the county. (b) (1) Current operating funds shall be administered by the county board of library trustees. (2) Capital expense funds shall be administered by the county council, board of county commissioners, or Mayor and City Council of Baltimore City. (c) (1) The funds provided under this subtitle may be used only for library purposes. (2) The State Librarian shall require that these funds be used subject to: (i) The adoption of a written policy for operation of the county library system consistent with the State standards for libraries by each board of library trustees or, if the county does not have a board of library trustees, the county government; and (ii) Any other conditions specified by the appropriating agency or imposed under this subtitle.

Md. Code, Education § 23-506.1

§23–506.1. (a) (1) In this section the following words have the meanings indicated. (2) “Child pornography” means a violation of § 11–207 of the Criminal Law Article. (3) “Obscene” has the meaning stated in § 11–203 of the Criminal Law Article. (b) On or before January 1, 2001, each county or board of trustees of a county library shall: (1) Adopt and implement policies and procedures to prevent minors from obtaining access through the library, by means of the Internet, the World Wide Web, Usenet, or any other interactive computer service to materials that are obscene or constitute child pornography; and (2) Submit the policies and procedures required under this section to the State Librarian for review. (c) The State Librarian or a designee of the State Librarian shall regularly monitor the county libraries to determine whether each library is complying with the policies and procedures adopted for preventing a minor from obtaining Internet access to obscene materials through the library.

Md. Code, Education § 23-507

(a) The State Librarian shall authorize the State Comptroller to withhold State funds from any county that fails: (1) To appropriate the amount of its share of the minimum program; or (2) To meet the requirements of the law or of the State Library Board for operating the county library. (b) (1) The Comptroller shall withhold all State funds from a county that the State Library Board certifies has failed to operate the county library system consistent with the State standards for libraries. (2) The Comptroller shall continue to withhold funds under paragraph (1) of this subsection until the State Library Board certifies that the county has adopted a written policy for the operation of the county library system consistent with the State standards for libraries.

Md. Code, Education § 23-508

Remuneration of an employee on account of sickness or accident of the employee shall be paid and treated as sick pay and not as continuation of salary.

Md. Code, Education § 23-509

(a) (1) In this section the following words have the meanings indicated. (2) “Capital project” means the: (i) Acquisition of land or buildings for a county library; or (ii) Construction or improvement of a county library. (3) “Construction or improvement” means planning, design, engineering, alteration, construction, reconstruction, enlargement, expansion, extension, improvement, replacement, rehabilitation, renovation, upgrading, repair, or capital equipping. (4) “County library” means a library in a county public library system in the State. (5) “State Library Agency” means the Maryland State Library Agency. (b) (1) There is a State grant program for county public library capital projects in the State Library Agency. (2) The grant program is in addition to the county–State minimum library program established under § 23–502 of this subtitle. (c) (1) The State Library Agency shall develop and administer a grant program to assist in the funding of county library capital projects. (2) The purpose of the grant program is to: (i) Provide a uniform and objective analysis of proposed capital projects; and (ii) Support projects that address the library needs in the State. (3) Grants under the program: (i) Require a matching fund from any combination of county, municipal, or private sources; and (ii) May not be for an amount less than $20,000. (d) (1) On or before July 15 of each year, a county public library system may submit applications to the State Library Agency to receive grants for county library capital projects for the next fiscal year. (2) In order to apply for a capital project grant, a county public library system shall have: (i) A countywide library plan that includes a mission statement, needs statement, and multiyear goals and objectives on file with the State Library Agency; and (ii) A master plan that includes a description of the capital project approved by the applicant’s governing body. (3) An application shall include: (i) A description of the scope and purpose of the project; (ii) A building plan that includes the estimated total cost of the project; and (iii) Any other information required by the State Library Agency. (4) A county public library system may not apply for more than three capital project grants in a fiscal year. (e) (1) The State Library Agency shall review grant applications submitted in accordance with subsection (d) of this section. (2) On or before October 1 of each year, the State Library Agency shall make recommendations to the State Library Board regarding capital project grants for the next fiscal year. (3) In making its recommendations, the State Library Agency shall consider: (i) The public necessity and urgency of a project; (ii) The need for additional sources of funding for a project; (iii) The estimated cost and timeliness of executing a project; (iv) The viability of matching funds for a project; and (v) Geographic diversity. (4) On or before November 1 of each year, the State Library Board shall: (i) Approve capital projects for funding in the State budget for the next fiscal year; and (ii) Forward the list of approved capital projects to the Department of Budget and Management. (5) (i) For each of fiscal years 2008 through 2021, the Governor shall include in the annual operating or capital budget submission $5,000,000 for county library capital projects. (ii) For fiscal year 2022 and each fiscal year thereafter, the Governor shall include in the annual operating or capital budget submission $7,500,000 for county library capital projects. (f) (1) The State share percentage for a county library capital project approved under this section shall be calculated by dividing the State share of the minimum program for a county calculated under § 23–505(b) of this subtitle by the library program amount for a county calculated under § 23–503(b) of this subtitle, and multiplying this quotient by 1.25. (2) (i) The minimum State share of a county library capital project is 50%. (ii) The maximum State share of a county library capital project is 90%. (g) The State Library Board shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, on or before October 1 of each year, on State grants awarded for county public library capital projects for the prior fiscal year. (h) The State Library Board shall adopt regulations to implement the grant program established under this section.

Md. Code, Education § 23-701

(a) In this subtitle the following terms have the meanings indicated. (b) “Electronic literary product” means: (1) A text document that has been converted into or published in a digital format that is read on a computer, tablet, smart phone, or other electronic device; or (2) An audio recording of a text document, read out loud in a format that is listened to on a computer, tablet, smart phone, or other electronic device. (c) “Publisher” means a person in the business of manufacturing, promulgating, and selling books, audio books, journals, magazines, newspapers, or other literary productions, including those in digital form, that consist of text, imagery, audio recordings, or any combination of text, image, and audio recording. (d) “Unfair, abusive, or deceptive trade practices” has the meaning stated in § 13–301 of the Commercial Law Article.

Md. Code, Education § 23-702

(a) Subject to subsections (b) and (c) of this section, a publisher who offers to license an electronic literary product to the public also shall offer to license the electronic literary product to public libraries in the State on reasonable terms that would enable public libraries to provide library users with access to the electronic literary product. (b) The terms of a license under subsection (a) of this section may include: (1) A limitation on the number of users a public library may simultaneously allow to access an electronic literary product; (2) A limitation on the number of days a public library may allow a user to access an electronic literary product; and (3) The use of technological protection measures that would prevent a user from: (i) Maintaining access to an electronic literary product beyond the access period specified in the license; and (ii) Allowing other users to access an electronic literary product. (c) The terms of a license under subsection (a) of this section may not include a limitation on the number of electronic literary product licenses a public library may purchase on the same date the electronic literary product license is made available to the public. (d) A violation of this subtitle shall constitute an unfair, abusive, or deceptive trade practice and is subject to enforcement in accordance with Title 13, Subtitle 4 of the Commercial Law Article.

Md. Code, Education § 23-801

(a) In this subtitle the following words have the meanings indicated. (b) “Board” means the Baltimore County Public Library Board of Trustees. (c) “Certified exclusive representative” means the employee organization that has been certified as the collective bargaining agent for a bargaining unit. (d) “Confidential employee” means an employee who: (1) Has access to confidential information, including budgetary and fiscal data, subject to use by the employer in collective bargaining or in the adjudication of grievances; or (2) Works in a close and continuing confidential relationship assisting or aiding a management employee. (e) “County Council” means the Baltimore County Council. (f) “County Executive” means the Baltimore County Executive. (g) “Director” means the Director of the Baltimore County Public Library, or the Director’s designee. (h) (1) “Employee” means a full–time or part–time employee of the library. (2) “Employee” does not include a confidential employee, management employee, or supervisory employee. (i) “Employee organization” means an organization that admits employees of the employer as members and has as a primary purpose the representation of the employees in their relations with the employer. (j) “Employer” means the Baltimore County Public Library and the Board. (k) “Management employee” means an employee who generally has authority and who: (1) Formulates policy that is applicable throughout a bargaining unit; (2) Has a significant role in personnel administration, employee relations, or the preparation and administration of budgets for the employer; or (3) May reasonably be required to: (i) Assist directly in the preparation for and conduct of collective bargaining negotiations on behalf of the employer; or (ii) Have a major role in the administration of resulting collective bargaining agreements. (l) “Supervisory employee” means an employee who is authorized to: (1) Hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline employees; (2) Responsibly direct employees for more than 50% of the employee’s working hours; or (3) Address and resolve the grievances of employees.

Md. Code, Education § 23-802

(a) An employee who may effectively recommend an action listed in § 23–801(l) of this subtitle may be deemed a supervisory employee if the employee’s exercise of the authority requires the exercise of independent judgment and is not merely of a routine or clerical nature. (b) The exercise of any single function listed in § 23–801(l) of this subtitle may not necessarily require the conclusion that the individual exercising that function is in fact a supervisory employee within the meaning of the definition. (c) In differentiating a supervisory employee from a nonsupervisory employee: (1) A class title alone may not be the basis for determination; and (2) The nature of the supervisory employee’s work, including whether or not a significant portion of the supervisory employee’s working time is spent as part of a team that includes nonsupervisory employees shall be considered.

Md. Code, Education § 23-803

Employees of the employer may: (1) Form, join, and participate in an employee organization; (2) Bargain collectively through a certified exclusive representative of their choice; (3) Engage in lawful concerted activities for their mutual aid and protection; and (4) Refrain from any activity covered under items (1) through (3) of this section.

Md. Code, Education § 23-804

(a) The employer and the certified exclusive representative have a responsibility to engage in good faith bargaining over matters required by law. (b) The employer and the certified exclusive representative jointly shall be responsible for fostering a positive labor relations environment based on mutual trust, respect, communication, and cooperation. (c) The goal of collective bargaining is the delivery of quality public services to the residents of the State in a manner that is consistent and compliant with law.

Md. Code, Education § 23-805

(a) The employer shall recognize the right of the certified exclusive representative to represent the employees in the unit in collective bargaining and in the grievance process. (b) The certified exclusive representative of a unit shall: (1) Serve as the sole agent for the unit in collective bargaining; and (2) Represent all employees in the unit fairly and in good faith, in a manner that is not arbitrary or discriminatory.

Md. Code, Education § 23-806

(a) (1) An employee organization seeking certification as the exclusive representative for the bargaining unit of employees may file a petition with the Director indicating this intent. (2) The petition may only be filed in the month of September. (3) The petition shall contain: (i) A request that the Board recognize the employee organization as the exclusive representative of the employees in the bargaining unit; (ii) A statement that the employee organization is one in which employees participate and that has as one of its purposes the representation of public employees in matters of wages, hours, and other terms and conditions of employment; (iii) A statement that the employee organization has no terms or conditions of membership that discriminate with regard to race, color, creed, sex, sexual orientation, gender identity, age, political affiliation, national origin, religion, marital status, or disability; and (iv) A statement that the employee organization has in its possession written proof dated not more than 9 months before the day on which the petition is filed establishing that at least 30% of the employees in the bargaining unit have designated the employee organization to represent them in their employment relations with the employer. (4) Before a petition may be processed, the proof of interest submitted shall be verified as provided in this section. (5) The employee organization and the employer shall equally bear any costs associated with the verification. (b) (1) When an employee organization or employees in a bargaining unit file a petition with the Director, the employee organization or employees shall submit to a neutral decision maker from the Federal Mediation and Conciliation Service the authorization cards signed and dated by at least 30% of the employees in the bargaining unit not more than 9 months before the day the petition was filed indicating, as appropriate, that the employees have designated the employee organization to represent them in their employment relations with the library system administration. (2) The employee organization shall copy the Director on the request for a neutral decision maker in order for the library system to receive notice of the selection of the neutral decision maker for the certification process. (c) (1) Not more than 7 calendar days after the day on which the Director receives notice of the assignment of a neutral decision maker by the Federal Mediation and Conciliation Service, the Director shall submit to the neutral decision maker a list of employees in the bargaining unit. (2) If the Director fails to submit the list of employees to the neutral decision maker within the required time, it shall be conclusively deemed that at least 30% of the employees in the bargaining unit have indicated a desire to be represented by the employee organization. (d) (1) The neutral decision maker shall check the written authorization cards submitted by the employee organization or the employees against the list of employees submitted by the Director. (2) If the neutral decision maker determines that at least 30% of the employees on the list have indicated a desire to be represented by the employee organization or to decertify an exclusive representative, the neutral decision maker shall notify the Director of the determination. (e) (1) If the Director disagrees with the petitioning employee organization or the petitioning employees as to the inclusion or exclusion of specific employees in the bargaining unit, the parties shall refer the issue immediately to a neutral decision maker from the Federal Mediation and Conciliation Service to resolve the issue. (2) The neutral decision maker shall hold a hearing on the issue referred under paragraph (1) of this subsection with the interested parties presenting evidence with respect to their positions on the issue of the inclusion or exclusion of the employees in question. (3) The neutral decision maker’s findings shall be final and binding on both parties. (f) An election may not be conducted in a bargaining unit unless at least 1 year has passed since the last election held in the bargaining unit. (g) (1) After a decision on disputed employee inclusion or exclusion, if required, the Director shall notify all employees within the bargaining unit that an election will be held and request a neutral decision maker from the Federal Mediation and Conciliation Service to oversee and conduct an election by secret ballot. (2) The ballot for an election shall include the following choices: (i) In accordance with the issues presented by the petition or petitions, exclusive representation by any employee organization seeking to obtain or continue representation rights; and (ii) No exclusive representation. (h) An employee organization may intervene in the election and have its name placed on the ballot if: (1) The employee organization files a petition not more than 15 calendar days after the date on which the original petition is filed; (2) The employee organization certifies that at least 30% of the employees of the unit have designated the employee organization to represent them in their employment relations with the library system administration; and (3) The showing of interest is verified as provided in this section. (i) (1) The election shall be conducted according to the procedures established by the Federal Mediation and Conciliation Service neutral decision maker conducting the election. (2) An employee organization shall be certified as exclusive representative following an election if the employee organization has received the vote of a majority of the valid votes cast in the bargaining unit in which the election is held. (3) (i) If an election includes three or more choices and no choice receives a majority of the valid votes cast, the neutral decision maker shall conduct a runoff election between the two choices that received the largest number of valid votes cast. (ii) The choice receiving the majority of the valid votes cast in the runoff election shall be certified. (4) The neutral decision maker conducting the election shall issue to all the participants in an election a certification of representation, if an employee organization is certified, or the results of the election, if no representative is chosen. (j) (1) If employees are represented by an employee organization, employees may file a petition with the Director that contains the following: (i) An assertion that the majority of the employees no longer wish to be represented by the employee organization; (ii) A statement that the employees have in their possession substantive documentary proof, dated not more than 6 months before the day on which the petition is filed, that at least 30% of the employees within the bargaining unit approve of the decertification of the employee organization; and (iii) A statement explaining that the employees are seeking decertification of the employee organization as the exclusive representative for the bargaining unit. (2) (i) The petition shall be processed as described in this section, including verification of proof of interest and an election. (ii) An employee organization shall be decertified as exclusive representative following an election if the majority of the valid votes cast in the unit in which the election is held are for no representation.

Md. Code, Education § 23-807

(a) If an employee organization is certified as described in this subtitle, the employer and the employee organization shall enter into a collective bargaining agreement that contains provisions regarding: (1) Wages, hours, and terms and conditions of employment; (2) The orderly processing and settlement of grievances regarding the interpretation and implementation of the collective bargaining agreement; and (3) Other topics that the parties may mutually agree to that were suitable for bargaining. (b) (1) The employer automatically shall deduct from the paycheck of an employee, who is a member of the bargaining unit represented by the certified exclusive representative, dues authorized and owed by the employee to the certified exclusive representative if the employee submits to the employer a dues deduction authorization card that has been duly executed by the employee. (2) Any dues deducted from paychecks under paragraph (1) of this subsection shall be remitted to the certified exclusive representative. (3) The employer automatically shall stop making payroll deductions under paragraph (1) of this subsection on behalf of a certified exclusive representative if: (i) The certified exclusive representative is decertified; (ii) The certified exclusive representative’s right to dues is revoked; (iii) The employee ceases to be a member of the bargaining unit represented by the certified exclusive representative; or (iv) The employee resigns from membership in the employee organization. (c) This section may not be construed to: (1) Authorize or otherwise allow an employee to engage in a strike as defined in § 3–303 of the State Personnel and Pensions Article; or (2) Restrict the authority of the County Executive or the County Council to determine the budget of the employer. (d) (1) A collective bargaining agreement entered into under subsection (a) of this section shall be effective on ratification by the majority of votes cast by the employees in the bargaining unit and approval by the Director and Board. (2) A single year or multiyear collective bargaining agreement shall expire at the close of Baltimore County’s fiscal year.

Md. Code, Education § 23-808

(a) (1) Except as provided in paragraph (2) of this subsection, the employer and the certified exclusive representative shall reach an agreement by March 1 of the year in which a collective bargaining agreement will expire. (2) The employer and the certified exclusive representative mutually may agree to extend negotiations for a period not to extend past June 30 of the year in which a collective bargaining agreement will expire. (b) An impasse is reached during the negotiations between the employer and the certified exclusive representative if the employer and the certified exclusive representative do not reach an agreement by: (1) March 1 of the year in which a collective bargaining agreement will expire; or (2) If negotiations were extended, the date to which negotiations were extended under subsection (a)(2) of this section. (c) (1) If an impasse is reached under subsection (b) of this section, the employer and the certified exclusive representative shall submit a final offer to the other party within 48 hours after the impasse is reached. (2) Unless the impasse reached under subsection (b) of this section has been resolved, the dispute and the final offers shall be submitted to the mediator selected by the parties in accordance with subsection (d) of this section. (d) (1) Within 30 days after a mediator is selected by the parties, the mediator shall: (i) Meet with the Director and the certified exclusive representative; and (ii) Make written findings of fact and recommendations for the resolution of the dispute in accordance with this subsection. (2) (i) If the parties are unable to agree on a mediator, they shall request a list of seven mediators from the Federal Mediation and Conciliation Service. (ii) Within 3 working days after receiving the list under subparagraph (i) of this paragraph, the parties shall alternately remove one mediator from the list until only one mediator remains, who the parties shall agree will serve as the mediator under this subsection. (3) The mediator shall act as an intermediary in bringing the parties together and shall actively assist the parties in resolving the dispute by: (i) Conducting proceedings in accordance with this subsection; (ii) Reviewing the final positions of the parties; (iii) Identifying the major issues in the dispute between the parties; (iv) Reviewing the positions of the parties; and (v) Recommending a resolution for the agreement of the parties. (4) A resolution under this subsection: (i) Shall address matters such as wages, hours, or terms and conditions of employment; (ii) May not include health care benefits; and (iii) May not exceed 1 fiscal year, unless agreed to by the parties. (5) Any resolution under this subsection regarding pension benefits shall be construed as a recommendation to or consideration for the appropriate pension administrator of the State or Baltimore County. (6) (i) Before issuing a final decision, the mediator shall take into consideration, among any other relevant factors: 1. The wages and pension benefits, not including health care benefits, of the employees of the bargaining unit; 2. The wages and pension benefits of other similarly situated employees performing similar services in libraries of comparable jurisdictions to Baltimore County in the State, taking into consideration the cost of living index for the area in which the comparable department is located; 3. Wages and pension benefits of similarly situated Baltimore County employees; 4. The last published annual U.S. Department of Labor Consumer Price Index for All Urban Consumers for All Items in the Washington–Baltimore area; 5. The special nature of the work performed by the employees of the bargaining unit, including: A. Physical requirements of employment; B. Educational requirements; C. Job training and job skills; and D. Shift assignments and the demands placed on the employees compared to the demands placed on other similarly situated library employees in comparable jurisdictions to Baltimore County; 6. State and county mandated expenditures; 7. Subject to subparagraph (ii) of this paragraph, availability of funds, including financial sources of revenue; and 8. The interest and welfare of the public. (ii) In considering the availability of funds for wage increases, the mediator shall consider the general fund revenues of Baltimore County and the Baltimore County Spending Affordability Committee Report. (7) A mediator may not: (i) Recommend a wage increase without approval of the County Executive and County Council; (ii) Recommend a pension benefit increase without approval of the appropriate pension administrator of the State or Baltimore County; or (iii) Consider testimony regarding funds for capital improvements, surplus contingency, or reserve funds. (8) (i) The parties are strongly encouraged to reach an agreement on all issues whenever possible. (ii) If no agreement can be reached by the parties, the mediator shall issue a report with the mediator’s decision, including written findings of fact. (9) The mediator may adopt a package of final positions or rule on each matter separately. (10) Copies of the mediator’s written findings and recommendations shall be submitted to the Director and the certified exclusive representative on or before the immediately following April 2. (11) Any costs associated with this subsection shall be shared equally by the employer and the certified exclusive representative. (12) This subsection may not be construed to interfere with any efforts the parties may undertake to reach an agreement at any time. (13) (i) The County Executive is not bound by any decision made under this subsection and shall act in accordance with this section. (ii) The County Council may accept or reject the recommendation of approval by the County Executive. (14) This subsection shall be the exclusive procedure for resolving disputes between the parties, unless the parties, by mutual agreement, determine to use another method of dispute resolution. (e) (1) The Director shall submit the findings and recommendations of the mediator to the Board in a timely manner consistent with the timing of paragraph (2) of this subsection. (2) The Board shall approve all recommendations and findings of the mediator that do not relate to a financial issue or require an appropriation of additional funds within 5 days of the mediator’s decision.

Md. Code, Education § 23-809

(a) The Board shall submit a term of a collective bargaining agreement or memorandum of understanding entered into under §§ 23–807 and 23–808 of this subtitle to the County Executive with the Board’s recommendation regarding whether the agreement or the mediator’s decision requires an appropriation of additional funds. (b) (1) The County Executive may approve or reject a request for additional funding under subsection (a) of this section, in whole or in part. (2) If the County Executive approves a request under paragraph (1) of this subsection, the County Executive shall submit the request for additional funds to the County Council. (c) The County Council may approve or reject a request for additional funding, in whole or in part. (d) (1) If any part of a request for additional funding submitted to the County Executive or County Council under this subsection is rejected, the request for additional funds shall be returned to the employer and the certified exclusive representative for renegotiation within the limits of the funding allocated by the County Executive and County Council. (2) The renegotiation shall be completed within a timetable established by the County Executive. (3) (i) If an impasse is reached, the employer and the certified exclusive representative shall submit a final offer, within the limits of the funding allocated by the County Executive and County Council, for the review of the County Executive. (ii) The County Executive shall select one of the offers submitted under subparagraph (i) of this paragraph. (iii) The selection of the County Executive is binding on all parties. (e) (1) The employer and the certified exclusive representative are mutually obligated to: (i) Meet at reasonable times in consideration of the county’s budget submission date; and (ii) Negotiate in good faith on: 1. Wages, hours, and terms and conditions of employment; and 2. Drafting a written collective bargaining agreement that contains all matters agreed on and signed by authorized representatives of both parties. (2) The obligation to negotiate in good faith under paragraph (1)(ii) of this subsection: (i) Requires that an effort be made by both parties to arrive at an agreement and reduce the agreement to writing within a reasonable period of time; and (ii) Does not require that any concession be made by either party.

Md. Code, Education § 23-810

(a) The employer may not: (1) Interfere with, coerce, unduly influence, or restrain an employee’s exercise of rights under this subtitle; (2) Dominate, interfere with, assist in the formation, administration, or existence of, or contribute financial assistance or other support to an employee organization; (3) Encourage or discourage membership in an employee organization by discriminating against an employee through hiring, tenure, promotion, or other conditions of employment; or (4) Refuse to bargain in good faith with an employee organization that is the exclusive representative of the employees. (b) An employee organization may not: (1) Interfere with, coerce, unduly influence, or restrain an employee’s exercise of rights under this subtitle; (2) Cause or attempt to cause the employer to discriminate against an employee because the employee exercises a right under this subtitle; (3) Discipline or fine a member of the employee organization as punishment or reprisal; (4) Discipline or fine a member of the employee organization for the purpose of impeding the member’s work performance; or (5) Refuse to bargain in good faith with the employer or to participate in good faith in a procedure under this subtitle. (c) (1) An employee who is a member of a bargaining unit with a certified exclusive representative may, without the intervention of an employee organization, discuss any matter with the employer. (2) This subsection does not waive the right of the employee organization to be the exclusive bargaining representative for issues related to wages, hours, and working conditions and is not intended to create an alternate path to alter terms and conditions of the collective bargaining agreement between the parties.

Md. Code, Education § 23-811

(a) Notwithstanding any other provisions of law, it is the exclusive right of the employer to: (1) Determine the purposes and objectives of each of its constituent offices and departments; (2) Set standards of services to be offered to the public; (3) Exercise control and discretion over its organization and operations; and (4) Determine the methods, means, personnel, and other resources by which the employer’s operations are to be conducted, including: (i) The use of volunteers; and (ii) The contracting out of work if considered necessary. (b) Subject to applicable provisions of a collective bargaining agreement and in accordance with the Baltimore County Charter and other applicable laws, the employer may: (1) Direct its employees; (2) Hire, promote, transfer, assign, or retain employees; (3) Establish reasonable work rules; and (4) Demote, suspend, discharge, or take any other disciplinary action against its employees for just cause. (c) The provisions of this section shall be deemed to be part of every agreement executed between the employer and a certified exclusive representative. (d) This section may not be construed to deny the right of an employee to submit a grievance with regard to the employer’s exercise of its rights under this section. (e) Except as otherwise provided by law, if employees have entered into a collective bargaining agreement with the employer under this subtitle, the collective bargaining agreement entered into supersedes any conflicting regulation or administrative policy of the employer.

Md. Code, Education § 23-812

(a) (1) In this section the following words have the meanings indicated. (2) “Lockout” means the temporary withholding of work, by means of shutting down an operation or function in order to bring pressure on employees or on their representatives to accept a change in compensation or rights, privileges, obligations, or other terms and conditions of employment. (3) “Secondary boycott” means an activity by an employee organization or its members that is intended to induce, encourage, or coerce persons doing business with the employer to withhold, withdraw, or in any respect curtail their business relations with the county. (4) “Strike” means the refusal or failure by an employee or group of employees to perform their duties of employment as assigned if a purpose of the refusal or failure is to induce, force, or require the employer to act or refrain from acting with regard to any matter. (5) “Work stoppage” means: (i) The willful absence of a group of employees from their positions; (ii) The engaging in a slowdown by employees; or (iii) The refusal of employees to perform job duties. (b) In general, strikes, work stoppages, lockouts, and secondary boycotts are prohibited. (c) (1) Employees and employee organizations may not engage in, sponsor, initiate, support, direct, or condone a strike, work stoppage, or secondary boycott. (2) Employee organizations may not engage in, initiate, sponsor, or support, directly or indirectly, picketing of the employer, its property, or field or office facilities in furtherance of a strike, work stoppage, or secondary boycott. (d) If an employee organization violates this section, the Board, after a majority vote, may: (1) Revoke the employee organization’s designation as certified exclusive representative; (2) Disqualify the employee organization from participating in representation elections for a period of up to 2 years; and (3) Terminate immediately the payroll deductions for the employee organization’s dues. (e) An employee who violates this section is subject to immediate disciplinary action, which may include permanent dismissal from the employment by the employer for just cause. (f) (1) The employer may not direct a lockout against employees. (2) This subsection may not be construed to prohibit the employer from exercising its managerial rights.

Md. Code, Education § 23-901

(a) In this subtitle the following words have the meanings indicated. (b) (1) “Certified exclusive representative” means the employee organization that has been certified as the collective bargaining agent for a bargaining unit. (2) “Certified exclusive representative” includes an employee organization certified to exclusively represent public library employees before July 1, 2024. (c) “Confidential employee” means an employee who: (1) Is required to develop or present management positions with respect to employer–employee relations; and (2) Whose duties normally require access to confidential information that contributes significantly to the development of the management positions with respect to employer–employee relations. (d) “Director” means the director, chief executive officer, or chief officer of the applicable public library system, or the designee of the director, chief executive officer, or chief officer. (e) (1) “Employee” means a full–time or part–time employee of a public library system. (2) “Employee” does not include a confidential employee, management employee, or supervisory employee. (f) “Employee organization” means an organization that admits employees of the employer as members and has as a primary purpose the representation of the employees in their relations with the employer. (g) “Employer” means a public library system and, where applicable, the board of trustees for the public library system. (h) “Funding body” means: (1) (i) For a charter county that does not have an elected chief executive officer, the county council; (ii) For a charter county that has an elected chief executive officer, the governing body of the county, as provided by the county charter; or (iii) For a code or commission county, the county commissioners; or (2) For Baltimore City, the Mayor and City Council of Baltimore City. (i) “Management employee” means an employee who generally has authority and who: (1) Formulates policy that is applicable throughout a bargaining unit; (2) Has a significant role in personnel administration, employee relations, or the preparation and administration of budgets for the employer; or (3) May reasonably be required to: (i) Assist directly in the preparation for and conduct of collective bargaining negotiations on behalf of the employer; or (ii) Have a major role in the administration of resulting collective bargaining agreements. (j) (1) “Public library system” means a county public library system. (2) “Public library system” includes the Enoch Pratt Free Library. (3) “Public library system” does not include the public library system of Baltimore County, Montgomery County, or Prince George’s County. (k) “Supervisory employee” means an employee who is authorized to: (1) Hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline employees; (2) Responsibly direct employees for more than 50% of the employee’s working hours; or (3) Address and resolve the grievances of employees.

Md. Code, Education § 23-902

(a) There may be not more than two bargaining units at each public library system including: (1) One bargaining unit for employees; and (2) One bargaining unit for supervisory employees. (b) (1) Except as provided in paragraph (2) of this subsection, a bargaining unit may contain full–time or part–time employees. (2) A bargaining unit may not include volunteers or temporary employees with less than 90 days of service in a 12–month period. (c) (1) This subtitle may not be construed to modify or terminate a bargaining unit that was recognized or in existence on or before June 30, 2024. (2) (i) If an employee organization has been certified under State or local law on or before June 30, 2024, to be an exclusive representative of employees of a public library system, the employer shall accrete all eligible positions into the existing bargaining unit in accordance with this section on request of the exclusive representative. (ii) An accretion under this subsection shall be subject to a showing of interest and election by employees in the accreted positions in accordance with the procedures under § 23–907 of this title.

Md. Code, Education § 23-903

(a) An employee who may effectively recommend an action listed in § 23–901(i) of this subtitle may be deemed a management employee if the employee’s exercise of the authority requires the exercise of independent judgment and is not merely of a routine or clerical nature. (b) The exercise of any single function listed in § 23–901(i) of this subtitle may not necessarily require the conclusion that the individual exercising that function is in fact a management employee within the meaning of the definition. (c) In differentiating a management employee from a nonmanagement employee: (1) A class title alone may not be the basis for determination; and (2) The nature of the management employee’s work, including whether a significant portion of the management employee’s working time is spent as part of a team that includes nonmanagement employees, shall be considered.

Md. Code, Education § 23-904

Md. Code, Education § 23-905

Md. Code, Education § 23-906

Md. Code, Education § 23-907

(a) (1) An employee organization seeking certification as the exclusive representative for the bargaining unit of employees may file a petition with the employer indicating this intent. (2) The petition shall contain: (i) A request that the employer recognize the employee organization as the exclusive representative of the employees in the bargaining unit; (ii) A statement that the employee organization is one in which employees participate and that has as one of its purposes the representation of public employees in matters of wages, hours, and other terms and conditions of employment; (iii) A statement that the employee organization has no terms or conditions of membership that discriminate with regard to race, color, creed, gender, age, political affiliation, national origin, religion, marital status, or disability; and (iv) A statement that the employee organization has in its possession written proof dated not more than 18 months before the day on which the petition is filed establishing that at least 30% of the employees in the bargaining unit: 1. Have designated the employee organization to represent them in their employment relations with the employer; or 2. Are members of the employee organization. (3) Before a petition may be processed, the proof of interest submitted shall be verified as provided in this section. (4) The employee organization and the employer shall equally bear any costs associated with the verification. (b) (1) (i) When an employee organization or employees in a bargaining unit file a petition with the employer, the employee organization or employees shall select a neutral decision maker from a referral or list of arbitrators provided by the Federal Mediation and Conciliation Service. (ii) The employee organization or employees in the bargaining unit shall submit to the neutral decision maker selected under subparagraph (i) of this paragraph the authorization cards signed and dated by at least 30% of the employees in the bargaining unit not more than 18 months before the day the petition was filed indicating, as appropriate, that the employees have designated the employee organization to represent them in their employment relations with the public library system administration. (2) The employee organization shall copy the employer on the request for a neutral decision maker in order for the public library system to receive notice of the selection of the neutral decision maker for the certification process. (c) (1) (i) Subject to subparagraph (ii) of this paragraph, within 2 calendar days after the day on which the employer receives the petition, the employer shall submit to the employee organization and neutral decision maker: 1. A list of employees in the bargaining unit that identifies each employee that the employer contends should be excluded as an eligible voter or from the bargaining unit; and 2. A statement explaining the reason for each exclusion. (ii) If a neutral decision maker has not been selected when the employer is required to submit the list required under subparagraph (i) of this paragraph, the employer shall instead submit the list within 1 calendar day after the neutral decision maker has been selected. (iii) If the employer fails to provide an explanation as required under item (i)2 of this paragraph, the employer may not challenge the eligibility of an employee’s vote in an election or the eligibility to submit a showing of interest form for purposes of subsection (d)(3) of this section. (2) If the employer fails to submit the list of employees to the employee organization or neutral decision maker within the required time, it shall be conclusively deemed that at least 30% of the employees in the bargaining unit have indicated a desire to be represented by the employee organization. (d) (1) The neutral decision maker shall check the written authorization cards submitted by the employee organization or the employees against the list of employees submitted by the employer. (2) If the neutral decision maker determines that at least 30% of the employees on the list have indicated a desire to be represented by the employee organization or to decertify an exclusive representative, the neutral decision maker shall notify the employer of the determination. (3) If the employee organization submits a showing of interest of at least 50% of the employees in an unrepresented bargaining unit: (i) The neutral decision maker shall issue to each participant in an election a certification of representation; and (ii) The employer shall recognize the employee organization as the certified bargaining representative of the employees at issue. (e) An election may not be conducted in a bargaining unit unless at least 1 year has passed since the last election held in the bargaining unit. (f) (1) The employer shall notify all employees within the proposed bargaining unit that an election will be held and request a neutral decision maker from the Federal Mediation and Conciliation Service to oversee and conduct an election by secret ballot. (2) The ballot for an election shall include the following choices: (i) In accordance with the issues presented by the petition or petitions, exclusive representation by any employee organization seeking to obtain or continue representation rights; and (ii) No exclusive representation. (g) An employee organization may intervene in the election and have its name placed on the ballot if: (1) The employee organization files a petition not more than 15 calendar days after the date on which the original petition is filed; (2) The employee organization certifies that at least 30% of the employees of the unit: (i) Have designated the employee organization to represent them in their employment relations with the public library system administration; or (ii) Are members of the employee organization; and (3) The showing of interest is verified as provided in this section. (h) (1) Within 15 days after a neutral decision maker is selected, the neutral decision maker shall hold a conference with the parties during which all objections to the petition and the conduct of the election must be raised. (2) (i) The election shall be conducted: 1. According to the procedures established by the neutral decision maker from the Federal Mediation and Conciliation Service conducting the election; 2. Subject to subparagraph (ii) of this paragraph, in consultation with the parties that attended the conference required under paragraph (1) of this subsection; and 3. Within 90 days after the day of filing the petition with the employer. (ii) 1. An employee organization on a ballot may request a preferred method of voting. 2. The neutral decision maker shall designate the method of voting based on the request of the employee organizations on the ballot. 3. If there is a dispute between two or more employee organizations on the ballot over the method of voting, the neutral decision maker may designate the method of voting. (3) An employee organization shall be certified as exclusive representative following an election if the employee organization has received the vote of a majority of the valid votes cast in the bargaining unit in which the election is held. (4) (i) If an election includes three or more choices and no choice receives a majority of the valid votes cast, the neutral decision maker shall conduct a runoff election between the two choices that received the largest number of valid votes cast. (ii) The choice receiving the majority of the valid votes cast in the runoff election shall be certified. (5) The neutral decision maker conducting the election shall issue to all the participants in an election a certification of representation, if an employee organization is certified, or the results of the election, if no representative is chosen. (i) (1) If the employer disagrees with the petitioning employee organization or the petitioning employees as to the inclusion or exclusion of specific employees and classifications of employees in the bargaining unit, all the employees in the petitioned–for group shall have the opportunity to vote in the election. (2) Subject to paragraph (3) of this subsection, the ballots of challenged employees shall remain sealed and be set aside until the ballots of employees who are not in dispute have been tallied. (3) (i) If the total number of ballots of challenged employees does not have an impact on the election result: 1. The parties may not count the ballots of challenged employees; and 2. The neutral decision maker shall resolve the dispute over the challenged employees after the election is certified through a hearing. (ii) If the total number of ballots of challenged employees does have an impact on the election result, the parties shall immediately refer the dispute to the neutral decision maker from the Federal Mediation and Conciliation Service to resolve the dispute through a hearing. (4) (i) The neutral decision maker shall hold a hearing on the dispute referred under paragraph (3)(ii) of this subsection: 1. With the parties presenting evidence on their positions; and 2. Within 30 days after the election has concluded. (ii) If the neutral decision maker finds that challenged employees are properly included within the bargaining unit, the ballots of the challenged employees shall be counted in the total tally for the election. (iii) 1. The neutral decision maker shall issue a decision within 30 days after the hearing concludes. 2. The neutral decision maker’s findings shall be final and binding on the parties. (j) (1) If employees are represented by an employee organization, employees may file a petition with the employer that contains the following: (i) An assertion that the majority of the employees no longer wish to be represented by the employee organization; (ii) A statement that the employees have in their possession substantive documentary proof, dated not more than 6 months before the day on which the petition is filed, that at least 30% of the employees within the bargaining unit approve of the decertification of the employee organization; and (iii) A statement explaining that the employees are seeking decertification of the employee organization as the exclusive representative for the bargaining unit. (2) (i) The petition shall be processed as described in this section, including verification of proof of interest and an election. (ii) An employee organization shall be decertified as exclusive representative following an election if the majority of the valid votes cast in the unit in which the election is held are for no representation.

Md. Code, Education § 23-908

(a) If an employee organization is certified as described in this subtitle, the employer and the employee organization shall enter into a collective bargaining agreement that contains provisions regarding: (1) Wages, hours, and terms and conditions of employment; (2) The orderly processing and settlement of grievances regarding the interpretation and implementation of the collective bargaining agreement that culminate in final and binding arbitration; and (3) Other topics that the parties may mutually agree to that were suitable for bargaining. (b) (1) The employer automatically shall deduct from the paycheck of an employee who is a member of the bargaining unit represented by the certified exclusive representative dues authorized and owed by the employee to the certified exclusive representative if the employee submits to the employer a dues deduction authorization that has been duly executed by the employee. (2) Any dues deducted from paychecks under paragraph (1) of this subsection shall be remitted to the certified exclusive representative. (3) The employer automatically shall stop making payroll deductions under paragraph (1) of this subsection on behalf of a certified exclusive representative if: (i) The certified exclusive representative is decertified; (ii) The certified exclusive representative’s right to dues is revoked under § 23–913(d)(3) of this subtitle; (iii) The employee ceases to be a member of the bargaining unit represented by the certified exclusive representative; or (iv) Subject to paragraph (4) of this subsection, the employee revokes the authorization for payments to the exclusive representative in accordance with the procedures provided in a dues deduction authorization. (4) The procedures provided in a dues deduction authorization utilized under this subsection shall allow for a revocation of the authorization for payments to the exclusive representative at least annually. (c) This section may not be construed to: (1) Authorize or otherwise allow an employee to engage in a strike or work stoppage, as those terms are defined in § 23–913 of this subtitle; or (2) Restrict the authority of the funding body of the applicable county to determine the budget of the employer. (d) (1) A collective bargaining agreement entered into under subsection (a) of this section shall be effective on ratification by the majority of votes cast by the employees in the bargaining unit and approval by the director and the employer. (2) A single–year or multiyear collective bargaining agreement shall expire at the close of the county’s fiscal year.

Md. Code, Education § 23-909

(a) (1) Except as provided in paragraph (2) of this subsection, the employer and the certified exclusive representative shall reach an agreement by February 1 of the year in which a collective bargaining agreement will expire. (2) Subject to paragraph (3) of this subsection, the employer and the certified exclusive representative mutually may agree to extend negotiations for a period not to extend past June 30 of the year in which a collective bargaining agreement will expire. (3) Any extension must acknowledge any relevant county budgetary deadlines in writing to ensure that parties meet crucial funding deadlines. (b) An impasse is reached during the negotiations between the employer and the certified exclusive representative if the employer and the certified exclusive representative do not reach an agreement by: (1) Stating they have mutually agreed that they are at an impasse; (2) February 1 of the year in which a collective bargaining agreement will expire; or (3) If negotiations were extended, the date to which negotiations were extended under subsection (a)(2) of this section. (c) (1) If an impasse is reached under subsection (b) of this section, the employer and the certified exclusive representative shall each submit a final offer to the other party within 48 hours after the impasse is reached. (2) Unless the impasse reached under subsection (b) of this section has been resolved, the dispute and the final offers shall be submitted to the mediator selected by the parties in accordance with subsection (d) of this section. (d) (1) Within 30 days after a mediator is selected by the parties, the mediator shall: (i) Meet with the employer and the certified exclusive representative; and (ii) Make written findings of fact and recommendations for the resolution of the dispute in accordance with this subsection. (2) (i) If the parties are unable to agree on a mediator, they shall request a list of seven mediators from the Federal Mediation and Conciliation Service. (ii) 1. Subject to subsubparagraph 2 of this subparagraph, within 3 working days after receiving the list under subparagraph (i) of this paragraph, the parties shall alternately remove one mediator from the list until only one mediator remains, who the parties shall agree will serve as the mediator under this subsection. 2. The parties shall select which party removes the first mediator from the list by using a selection method that is random and of equal chance for both parties. (3) The mediator shall act as an intermediary in bringing the parties together and shall actively assist the parties in resolving the dispute by: (i) Conducting proceedings in accordance with this subsection; (ii) Identifying the major issues in the dispute between the parties; (iii) Reviewing the positions of the parties; and (iv) Recommending a resolution for the agreement of the parties. (4) A resolution under this subsection: (i) Shall address matters such as wages, hours, or terms and conditions of employment; (ii) Except for costs assessed to employees for health care benefits, may not include health care benefits unless the benefits are contracted directly through the public library system; and (iii) May not exceed 1 fiscal year, unless agreed to by the parties. (5) (i) Any resolution under this subsection regarding pension benefits shall be construed as a recommendation for consideration by the pension sponsor of the State or respective county. (ii) A change may not be made to pension benefits unless an appropriate plan amendment is adopted by the plan sponsor of the State or respective county. (6) (i) Before issuing a final decision, the mediator shall take into consideration, among any other relevant factors: 1. The wages and pension benefits, not including health care benefits, of the employees of the bargaining unit; 2. The wages and pension benefits of other similarly situated employees performing similar services in libraries of comparable counties in the State, taking into consideration the cost–of–living index for the area in which the comparable county is located; 3. Wages and pension benefits of similarly situated county employees; 4. The last published annual U.S. Department of Labor Consumer Price Index for All Urban Consumers for All Items in the Washington–Baltimore area; 5. The special nature of the work performed by the employees of the bargaining unit, including: A. Physical requirements of employment; B. Educational requirements; C. Job training and job skills; and D. Shift assignments and the demands placed on the employees compared to the demands placed on other similarly situated library employees in comparable county jurisdictions; 6. State and county mandated expenditures; 7. Subject to subparagraph (ii) of this paragraph, availability of funds, including financial sources of revenue; and 8. The interest and welfare of the public. (ii) In considering the availability of funds for wage increases, the mediator shall consider the general fund revenues of the respective county and any related county reports on revenues. (7) A mediator may not consider testimony regarding funds for capital improvements, surplus contingency, or reserve funds. (8) (i) The parties are strongly encouraged to reach an agreement on all issues whenever possible. (ii) If no agreement can be reached by the parties, the mediator shall issue a report with the mediator’s decision, including written findings of fact. (9) The mediator may adopt a package of final positions or rule on each matter separately. (10) The mediator shall submit copies of the mediator’s written findings and recommendations to the employer and the certified exclusive representative on or before the immediately following April 2. (11) Any costs associated with this subsection shall be shared equally by the employer and the certified exclusive representative. (12) This subsection may not be construed to interfere with any efforts the parties may undertake to reach an agreement at any time. (13) The funding body of the applicable county is not bound by any decision made under this subsection. (14) The procedure in this subsection shall be the exclusive procedure for resolving disputes between the parties, unless the parties, by mutual agreement, determine to use another method of dispute resolution. (e) (1) The mediator shall submit the findings and recommendations of the mediator to the employer in a timely manner consistent with the timing of paragraph (2) of this subsection. (2) The employer shall approve all recommendations and findings of the mediator that do not require an appropriation of additional funds within 14 days after the mediator’s decision.

Md. Code, Education § 23-910

(a) (1) Subject to paragraph (2) of this subsection, the employer shall submit a term of a collective bargaining agreement or memorandum of understanding entered into under this subtitle to the funding body of the applicable county with the employer’s recommendation regarding whether the agreement or the mediator’s decision requires an appropriation of additional funds. (2) The submission required under this subsection shall be made before the first meeting of the funding body of the applicable county that immediately follows an agreement being reached to ensure any relevant county budgetary deadlines are not missed. (b) (1) The funding body of the applicable county may approve or reject a request for additional funding under subsection (a) of this section, in whole or in part. (2) If the funding body of the applicable county approves a request under paragraph (1) of this subsection, the funding body of the applicable county shall take all actions necessary to process the request for additional funding. (c) (1) If any part of a request for additional funding submitted to the funding body of the applicable county under this subsection is rejected, the request for additional funds shall be returned to the employer and the certified exclusive representative for renegotiation within the limits of the funding allocated by the funding body of the applicable county. (2) The renegotiation shall be completed within a timetable established by the funding body of the applicable county. (3) (i) If an impasse is reached, the employer and the certified exclusive representative shall each submit a final offer, within the limits of the funding allocated by the funding body of the applicable county, for the review of the funding body of the applicable county. (ii) The funding body of the applicable county shall select one of the offers submitted under subparagraph (i) of this paragraph. (iii) The selection of the funding body of the applicable county is binding on all parties. (d) (1) The employer and the certified exclusive representative are mutually obligated to: (i) Meet at reasonable times in consideration of the county’s budget submission date; and (ii) Negotiate in good faith on: 1. Wages, hours, and terms and conditions of employment; and 2. Drafting a written collective bargaining agreement that contains all matters agreed on and is signed by authorized representatives of both parties. (2) The obligation to negotiate in good faith under paragraph (1)(ii) of this subsection: (i) Requires that an effort be made by both parties to arrive at an agreement and reduce the agreement to writing within a reasonable period of time; and (ii) Does not require that any concession be made by either party.

Md. Code, Education § 23-911

(a) An employer may provide to a representative of the exclusive representative: (1) Release time; and (2) Access to routine services and facilities of the employer. (b) The employer or its officers or agents may not: (1) Interfere with, coerce, unduly influence, or restrain an employee’s exercise of rights under this subtitle; (2) Except as provided in subsection (a) of this section, dominate, surveil, interfere with, assist in the formation, administration, or existence of, or contribute financial assistance or other support to an employee organization; (3) Encourage or discourage membership in an employee organization by discriminating against an employee through hiring, tenure, promotion, or other conditions of employment; (4) Refuse to bargain in good faith with an employee organization that is the exclusive representative of the employees; or (5) Spend public money, use public resources, or provide assistance to an individual or group for a negative campaign against efforts by employees or an employee organization to: (i) Gain or retain collective bargaining rights or to certify an employee organization as an exclusive representative; or (ii) Certify an employee organization as an exclusive representative. (c) An employee organization may not: (1) Interfere with, coerce, unduly influence, or restrain an employee’s exercise of rights under this subtitle; (2) Cause or attempt to cause the employer to discriminate against an employee because the employee exercises a right under this subtitle; (3) Discipline or fine a member of the employee organization as punishment or reprisal; (4) Discipline or fine a member of the employee organization for the purpose of impeding the member’s work performance; (5) Refuse to bargain in good faith with the employer or to participate in good faith in a procedure under this subtitle; or (6) Unfairly represent employees in collective bargaining or in any other matter in which the employee organization has the duty of fair representation. (d) (1) An employee who is a member of a bargaining unit with a certified exclusive representative may, without the intervention of an employee organization, discuss any matter with the employer. (2) This subsection does not waive the right of the employee organization to be the exclusive bargaining representative for issues related to wages, hours, and working conditions and is not intended to create an alternate path to alter terms and conditions of the collective bargaining agreement between the parties.

Md. Code, Education § 23-912

(a) Notwithstanding any other provisions of law, it is the exclusive right of the employer to: (1) Determine the purposes and objectives of each of its constituent offices and departments; (2) Set standards of services to be offered to the public; (3) Exercise control and discretion over its organization and operations; and (4) Determine the methods, means, personnel, and other resources by which the employer’s operations are to be conducted, including: (i) The use of volunteers; and (ii) The contracting out of work if considered necessary. (b) Subject to applicable provisions of a collective bargaining agreement and in accordance with the respective county charter and other applicable laws, the employer may: (1) Direct its employees; (2) Hire, promote, transfer, assign, or retain employees; (3) Establish reasonable work rules; and (4) Demote, suspend, discharge, or take any other disciplinary action against its employees for just cause. (c) The provisions of this section shall be deemed to be part of every agreement executed between the employer and a certified exclusive representative. (d) This section may not be construed to deny the right of an employee to submit a grievance with regard to the employer’s exercise of its rights under this section. (e) Except as otherwise provided by law, if employees have entered into a collective bargaining agreement with the employer under this subtitle, the collective bargaining agreement entered into supersedes any conflicting regulation or administrative policy of the employer. (f) A collective bargaining agreement may include a provision for arbitration of disciplinary actions.

Md. Code, Education § 23-913

(a) (1) In this section the following words have the meanings indicated. (2) “Lockout” means the temporary withholding of work, by means of shutting down an operation or function in order to bring pressure on employees or on their representatives to accept a change in compensation or rights, privileges, obligations, or other terms and conditions of employment. (3) “Secondary boycott” means an activity by an employee organization or its members that is intended to induce, encourage, or coerce persons doing business with the employer to withhold, withdraw, or in any respect curtail their business relations with the county. (4) “Strike” means the refusal or failure by an employee or group of employees to perform their duties of employment as assigned if a purpose of the refusal or failure is to induce, force, or require the employer to act or refrain from acting with regard to any matter. (5) “Work stoppage” means: (i) The willful absence of a group of employees from their positions; (ii) The engaging in a slowdown by employees; or (iii) The refusal of employees to perform job duties. (b) In general, strikes, work stoppages, lockouts, and secondary boycotts are prohibited. (c) (1) Employees and employee organizations may not engage in, sponsor, initiate, support, direct, or condone a strike, work stoppage, or secondary boycott. (2) Employee organizations may not engage in, initiate, sponsor, or support, directly or indirectly, picketing of the employer, its property, or field or office facilities in furtherance of a strike, work stoppage, or secondary boycott. (d) If an employee organization violates this section, the employer may: (1) Revoke the employee organization’s designation as certified exclusive representative; (2) Disqualify the employee organization from participating in representation elections for a period of up to 2 years; and (3) Terminate immediately the payroll deductions for the employee organization’s dues. (e) An employee who violates this section is subject to immediate disciplinary action, which may include permanent dismissal from the employment by the employer for just cause. (f) (1) The employer may not direct a lockout against employees. (2) This subsection may not be construed to prohibit the employer from exercising its managerial rights.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026