Contractual Employment
According to the Code of Maryland Regulations:
17.04.03.13 Contractual Employment.
A. Definitions. In this regulation, the following terms have the meanings indicated: (1)
"Contract" means a personal service agreement between the State and an individual.
(2) "Contractual employee" means an individual providing personal services to the State
for remuneration if all of the following conditions exist: (a) The services and
remuneration are specified in a written agreement; (b) There is an employer-employee
relationship; (c) The individual is not employed in a budgeted position, unless approved
as secondary employment; and (d) Except as provided by law, fringe benefits are not
provided. (3) "Employer-employee relationship" means that all of the following
conditions of employment exist: (a) The State has the right to control and direct the
performance of services not only as to results but also as to details and means; (b) The
State has the right to discharge the employee; and (c) The State furnishes necessary
tools and a place to work. B. Certification. With the exception of exemptions listed under
§C of this regulation, all contracts shall be submitted for review and certification by the
Secretary under the provisions of State Personnel and Pensions Article, §13-202,
Annotated Code of Maryland, before the principal unit authorizes payment. C. The
Secretary may exempt specific types of contracts pursuant to State Personnel and
Pensions Article, §13-201, Annotated Code of Maryland, and guidelines published by
the Secretary. D. Payment and Funds. (1) A contractual employee shall be paid through
the Special Payments Payroll. (2) Funds shall be identified and available in order for the
State agency to authorize the Central Payroll Bureau to make payment through the
Special Payments Payroll. The initial contractual employment authorization shall include
a statement by the appointing authority certifying availability of funds and identifying the
source of those funds in the agency budget. (3) If funds are not identified and available
for a particular contract, the State agency shall obtain written approval from the
Secretary before execution of the contract. (4) A contract shall be terminated if funds
become unavailable. E. Only one person may be employed under a contract. F. An
appointing authority shall maintain a current contract for each contractual employee. G.
The form of each contract shall be approved by the Office of the Attorney General, or, if
authorized by law, independent counsel. H. Transfer of a contractual employee to a
budgeted position is governed by State Personnel and Pensions Article, Title 13,
Subtitle 3, Annotated Code of Maryland.
Stipends
In lieu of salary, stipends may be given to the student to provide for transportation costs,
or work-related expenses. You may want to check with your finance division to
determine if they can set up this kind of payment. Stipends are usually non-taxable to
the intern.
Selection Process
Desired applicants will be interviewed and chosen by the appropriate State employees.
All applicants interviewed should be notified if they were or were not chosen. Interns