Sec. 14.32.08.01. Employer Notification of Disclosure of Information and Employee Opt-Out Provisions

A. Employer Notification to Employees.

(1) Thirty days before providing an employee's name, addresses, telephone numbers, and work information to an exclusive representative, as provided in State Personnel and Pensions Article, §3-208, Annotated Code of Maryland, the Department of Budget and Management shall notify the employee of the provisions of that section, and include in its notice the means by which an employee may opt out as provided in §B(2) of this regulation.

(2) The Department shall provide notice to the employees by signed and dated letter.

(3) The exclusive representative requesting such information shall bear the mailing costs for the notification to employees. Additionally, the Department may charge the exclusive representative requesting the employee information a fee not to exceed the actual cost of compiling the information. For purposes of calculating the actual cost, the Department shall use the following hourly rates of compensation for the search and preparation of the requested information if the information is not readily available:

(a) For administrative tasks, an hourly rate of compensation equivalent to the midpoint step for grade 12, as established in the State of Maryland Salary Schedule consisting of 26 grades; and

(b) For programming to extract requested data, and other professional level work, as required, an hourly rate of compensation equivalent to the midpoint step for grade 18, as established in the State of Maryland Salary Schedule consisting of 26 grades.

(4) The Department may not charge any search or preparation fee for the first 2 hours of official or employee time that are needed to provide the requested information.

(5) The Department may charge a fee for providing photocopies of the requested information equivalent to the fee established in COMAR 17.02.01.04.

(6) The exclusive representative may request such information in digital or electronic format. If the requested information is available in digital or electronic format, the Department shall comply with the request at no additional charge beyond the costs incurred by the Department in compiling the information as provided in §A(3)(a) and (4) of this regulation.

B. Employee Opt-Out Provisions

(1) The provisions of §B(2)-(6) of this regulation do not apply to the distribution of ratification ballots by the exclusive representative, and do not preclude the exclusive representative from mailing ballots for a Memorandum of Understanding ratification vote to bargaining unit employees' home addresses through a third-party mailer.

(2) For the purpose of calculating an employee's response time to the Department's notice under §B(3) of this regulation, it shall be presumed that the notice was received by the employee 10 calendar days after the postmarked or metered date appearing on the envelope.

(3) The employee may, within 15 days of the Department's notice under §A of this regulation, notify the Department that the employee does not want the employee's name, addresses, telephone numbers, or work information to be provided to an exclusive representative, pursuant to §B(4) of this regulation.

(4) The employee may give the notice provided in §B(3) of this regulation by regular mail, facsimile, or in person, to the address specified in the notice, using the form described in §B(5) of this regulation, for each method of notice.

(5) Employees shall use the form provided by the Department to give the notice provided in §B(3) of this regulation. The form shall instruct the employee to provide the following information:

(a) The employee's name and home address;

(b) The employee's job title and worksite;

(c) A statement that the employee does not want the employee's information as described in §B(3) of this regulation, released to an exclusive representative;

(d) The date of the employee's response; and

(e) The employee's signature.

(6) An opt out under §B of this regulation applies only to those information requests made under State Personnel and Pensions Article, §3-208, Annotated Code of Maryland.