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A Maryland General Assembly committee is digging into concerns about whether politics are playing a role in state hiring.
The Joint Committee on Fair Practices and State Personnel Oversight is seeking more information about state employees at Grade 19 or higher who were vetted by the Governor鈥檚 Appointments Office before being hired.
Cindy Kollner, executive director of the Office of Personnel Services and Benefits, provided the committee with one basic detail at a sparsely attended meeting on Tuesday in Annapolis: Between July 1, 2017 and Sept. 27, 2018, 346 of the 771 people hired by state agencies at Grade 19 or higher had been vetted first by the Governor鈥檚 Appointments Office.
Lawmakers are concerned that the office is considering the political leanings of state applicants or other information that should not be relevant to their qualifications for employment. The search for information stems partly from a bill introduced last legislative session by Del. Clarence K. Lam (D-Howard and Baltimore counties).
The bill, as originally introduced, would have charged the Maryland State Ethics Commission with investigating potential violations of state personnel laws, including those prohibiting discrimination and the appointments office鈥檚 involvement in certain personnel decisions.
During session and on Tuesday, lawmakers have said the appointments office鈥檚 involvement in hiring at-will employees who are not political appointees was reminiscent of the era of former Gov. Robert L. Ehrlich Jr. (R), when lawmakers launched an investigation which concluded that dozens of state employees had been fired solely for their political beliefs 鈥� at a time when current Gov. Lawrence J. Hogan Jr. (R) was appointments secretary.
鈥淥ur concern then was that employees were being terminated because of their party,鈥� said Del. Adrienne A. Jones, House chairwoman of the joint committee. 鈥淣ow, we鈥檙e looking at employees who are being vetted through the appointment office and we have concerns regarding that.鈥�
Last session, Lam gave to lawmakers an email containing notes from a senior staff meeting at the Department of Health, which laid out a new hiring process 鈥渨ith greater emphasis on using the Governor鈥檚 Appointments Office.鈥�
The memo said that the department would proceed as normal for hiring technical positions such as laboratory scientists or doctors, but the appointments office would have 鈥渇irst crack鈥� at filling positions such as legislative liaisons, communications officers and executive associates. For positions including program managers, the department would run a parallel process with the governor鈥檚 appointments office.
鈥淔or all three categories, [the appointments office] will need to vet the candidates we select,鈥� the memo said.
On Tuesday, Hogan spokeswoman Shareese DeLeaver-Churchill, said one of the roles of the governor鈥檚 appointments office is to 鈥� upon request 鈥� 鈥減erform basic vetting through use of publicly-available documents to ensure that prospective employees for high-level, at-will positions are suitable for employment by the state.鈥�
DeLeaver-Churchill said the office鈥檚 primary function is to help ensure that state employees don鈥檛 have disqualifying criminal histories or conflicts of interest.
鈥淭hey do not determine whether an applicant鈥檚 technical expertise meets the requirements of the position, which is the responsibility of the agencies. They also do not evaluate an applicant鈥檚 personal views or ideology鈥� DeLeaver-Churchill wrote. 鈥溾�uestions related to political affiliation are not a part of the application or interview process.鈥�
Jones said Tuesday that the committee wants additional information, including the names of employees who were appointed after vetting by the appointments office to ensure that those hired met all qualifications.
鈥淪ome of the folks that were selected raised concerns,鈥� Jones said.
An amended version of Lam鈥檚 bill 鈥� requiring a more robust annual report on political appointees each year 鈥� passed the House of Delegates late in the General Assembly session on a party-line vote. The legislation landed in the Senate Rules Committee, where it remained until the end of session.
Labor Relations Board concerns
Jones also asked during Tuesday鈥檚 meeting about a vacancy on the Maryland State Labor Relations Board. Jones said Lafe Solomon, former general counsel to the National Labor Relations Board, had been recommended by AFSCME Maryland Council 3, a state employee union, for a position to represent labor on the board in 2017, but the governor鈥檚 office had failed to make a nomination for the vacancy.
Kollner couldn鈥檛 provide details about Solomon鈥檚 nomination 鈥� it鈥檚 not an issue that falls under her office鈥檚 purview 鈥� but told the committee that AFSCME had 鈥渨alked away鈥� from negotiations with the state on wages for the 2020 fiscal year.
In an interview later in the afternoon, AFSCME Council President Patrick Moran said the union had not walked away, but had filed official complaints that the state was failing to meet legally required deadlines and was attempting to limit the union鈥檚 communications with members.
Moran also said that the state would be hard-pressed to find a better candidate for the Maryland State Labor Relations Board than Solomon.
鈥淚t is our position that the administration does not want a quality person in that position because it will basically be a productive labor relations board if he is put on,鈥� Moran said.
Asked in an email about a delay in Solomon鈥檚 consideration, the governor鈥檚 office could not provide specifics.
鈥淲e are looking into the status of this appointment,鈥� DeLeaver-Churchill wrote.
