(a)    Except as provided in this title or as otherwise provided by law, this title applies to:

(1)    all employees of:

(i)    the principal departments within the Executive Branch of State government;

(ii)    the Maryland Insurance Administration;

(iii)    the State Department of Assessments and Taxation;

(iv)    the State Lottery and Gaming Control Agency;

(v)    the University System of Maryland, Morgan State University, St. Mary’s College of Maryland, and Baltimore City Community College;

(vi)    the Comptroller;

(vii)    the Maryland Transportation Authority who are not police officers;

(viii)    the State Retirement Agency;

(ix)    the State Department of Education; and

(x)    firefighters for the Martin State Airport at the rank of captain or below who are employed by the Military Department; and

(2)    all full–time Maryland Transportation Authority police officers at the rank of first sergeant and below.

(b)    This title does not apply to:

(1)    employees of the Maryland Transit Administration, as that term is defined in § 7–601(a)(2) of the Transportation Article;

(2)    an employee who is elected to the position by popular vote;

(3)    an employee in a position by election or appointment that is provided for by the Maryland Constitution;

(4)    an employee who is:

(i)    a special appointment in the State Personnel Management System; or

(ii)    1.    directly appointed by the Governor by an appointment that is not provided for by the Maryland Constitution;

2.    appointed by or on the staff of the Governor or Lieutenant Governor; or

3.    assigned to the Government House or the Governor’s Office;

(5)    an employee assigned to the Board or with access to records of the Board;

(6)    an employee in:

(i)    the executive service of the State Personnel Management System; or

(ii)    a unit of the Executive Branch with an independent personnel system who is:

1.    the chief administrator of the unit or a comparable position that is not excluded under item (3) of this subsection as a constitutional or elected office; or

2.    a deputy or assistant administrator of the unit or a comparable position;

(7)    (i)    a temporary or contractual employee in the State Personnel Management System; or

(ii)    a contractual, temporary, or emergency employee in a unit of the Executive Branch with an independent personnel system;

(8)    an employee who is entitled to participate in collective bargaining under another law;

(9)    an employee of the University System of Maryland, Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College who is:

(i)    a chief administrator or in a comparable position;

(ii)    a deputy, associate, or assistant administrator or in a comparable position;

(iii)    a member of the faculty, including a faculty librarian;

(iv)    a student employee, including a teaching assistant or a comparable position, fellow, or post doctoral intern;

(v)    a contingent, contractual, temporary, or emergency employee;

(vi)    a contingent, contractual, or temporary employee whose position is funded through a research or service grant or contract, or through clinical revenues; or

(vii)    an employee whose regular place of employment is outside the State of Maryland;

(10)    an employee whose participation in a labor organization would be contrary to the State’s ethics laws;

(11)    any supervisory, managerial, or confidential employee of a unit of State government listed in subsection (a)(1)(i) through (iv) and (vi) through (x) of this section, as defined in regulations adopted by the Secretary;

(12)    any supervisory, managerial, or confidential employee of a State institution of higher education listed in subsection (a)(1)(v) of this section, as defined in regulations adopted by the governing board of the institution; or

(13)    any employee described in subsection (a)(2) of this section who is a supervisory, managerial, or confidential employee, as defined in regulations adopted by the Secretary.