Maryland Statutes
Subtitle 1 - Maryland Environmental Service
Section 3-103.4 - Standard of Care for Board Members -- Severance Packages -- Diversity Officer -- Board Policies -- Annual Training -- Citation of Section

(a)    Board members shall observe the same standard of care required of corporate directors under § 2–405.1 of the Corporations and Associations Article.
    (b)    (1)    The Board may not award a severance package to an executive of the Service if the executive accepts another position in the State government within 1 year after the date on which the executive’s employment with the Service is terminated.
        (2)    Any former executive of the Service awarded a severance package in violation of this subsection shall reimburse the Service for the value of the severance package within 1 year after terminating employment with the Service.
    (c)    The Executive Director shall appoint a Diversity Officer to:
        (1)    Coordinate the development and implementation of a diversity policy for the Service; and
        (2)    Assist employees with the resolution of grievances relating to alleged violations of:
            (i)    The Service’s diversity policy; or
            (ii)    State or federal antidiscrimination laws.
    (d)    (1)    On or before December 1, 2021, the Board shall adopt or readopt policies, consistent with this section, governing:
            (i)    Severance packages;
            (ii)    Bonuses, including a limit on bonuses for executives calculated as a percentage of the executive’s salary;
            (iii)    Tuition reimbursements, including limits on the amounts that may be reimbursed;
            (iv)    Expense reimbursements, including:
                1.    Limits on the amounts that may be reimbursed;
                2.    Limits on how long an expense may be reimbursed after it is incurred; and
                3.    Requirements regarding the nexus between reimbursable expenses and Service functions;
            (v)    Workforce diversity;
            (vi)    Whistleblower complaints;
            (vii)    Travel; and
            (viii)    The use of cars, laptops, cell phones, and other vehicles and devices owned by the Service, including policies on whether and how these vehicles and devices may be transferred to an employee or another agency.
        (2)    The Board periodically shall review the policies required under this subsection and revise the policies as needed.
        (3)    In accordance with § 2–1257 of the State Government Article, the Board shall submit a report containing copies of the policies required under this subsection to the Legislative Policy Committee, the Senate Budget and Taxation Committee, and the House Appropriations Committee:
            (i)    On or before December 31, 2021; and
            (ii)    Within 30 days after any policy is revised.
    (e)    (1)    Board members, the Executive Director, and the Deputy Director shall receive annual training on:
            (i)    Ethics;
            (ii)    Harassment;
            (iii)    Diversity; and
            (iv)    Policies adopted under subsection (d) of this section.
        (2)    In addition to the training specified in paragraph (1) of this subsection, Board members shall receive annual training on the standard of care required under subsection (a) of this section.
    (f)    On or before December 31, 2021, and each December 31 thereafter, the Service shall, in accordance with § 2–1257 of the State Government Article, report to the General Assembly on the Service’s efforts to reduce greenhouse gas emissions in furtherance of the goals and requirements established under Title 2, Subtitle 12 of the Environment Article.
    (g)    (1)    The Board shall make publicly available on the Service’s website:
            (i)    Each open meeting agenda:
                1.    At least 48 hours in advance of each meeting; or
                2.    If the meeting is being held due to an emergency, a natural disaster, or any other unanticipated situation, as far in advance of the meeting as practicable;
            (ii)    Meeting minutes from the portions of a meeting that were held in open session, not more than 2 business days after the minutes are approved; and
            (iii)    Live video streaming of each portion of a meeting that is held in open session.
        (2)    The Service shall maintain on its website:
            (i)    Meeting minutes made available under paragraph (1) of this subsection for a minimum of 5 years after the date of the meeting; and
            (ii)    A complete and unedited archived video recording of each open meeting for which live video streaming was made available under paragraph (1) of this subsection for a minimum of 1 year after the date of the meeting.
    (h)    This section may be cited as the Maryland Environmental Service Reform Act of 2021.