1. (a) Except as otherwise provided by law, individuals in the following positions in the skilled service and professional service are considered special appointments:

   1. (1) a position to which an individual is directly appointed by the Governor by an appointment that is not provided for by the Maryland Constitution;
   2. (2) a position to which an individual is directly appointed by the Board of Public Works;
   3. (3) as determined by the Secretary, a position which performs a significant policy role or provides direct support to a member of the executive service;
   4. (4) a position that is assigned to the Government House;
   5. (5) a position that is assigned to the Governor's Office; and
   6. (6) any other position that is specified by law to be a special appointment.

2. (b) Except as provided under § 6-105(a) of the State Government Article, a position that is a special appointment may be filled with regard to political affiliation, belief, or opinion if the Secretary determines that the position:

   1. (1) relates to political interests or concerns so as to warrant that political affiliation be a requirement for the position; and

   2. (2)

      1. (i) requires the provision of meaningful direct or indirect input into the policy-making process; or

      2. (ii) provides access to confidential information and:

         1. 1. requires substantial intervention or collaboration in the formulation of public policy; or
         2. 2. requires the provision of direct advice or the rendering of direct services to an appointing authority.

Added as State Personnel and Pensions § 1-401 by Acts 1993, c. 10, § 2, eff. Oct. 1, 1993. Renumbered as State Personnel and Pensions § 6-405 and amended by Acts 1996, c. 347, § 1, eff. Oct. 1, 1996. Amended by Acts 1997, c. 549, § 1, eff. July 1, 1997; Acts 2007, c. 592, § 1, eff. June 1, 2007; Acts 2009, c. 690, § 1, eff. Oct. 1, 2009; Acts 2019, c. 645, § 1, eff. July 1, 2019; Acts 2019, c. 646, § 1, eff. July 1, 2019.

Formerly Art. 64A, § 3.