Marvin Mandel, Governor                         155

(2)    The person has been suspended for disciplinary purposes,
pursuant to the provisions of Section 36 of this article, during the
period of one year from the time of suspension; or

(3)    The appointing authority for the position involved has
recommended that the person not receive the automatic increase in
any year because of his unusual or excessive rate of absenteeism,
inefficiency, or other substantial reason affecting adversely his value
as an employee. An appointing authority who exercised the power
conferred by this paragraph for a second time as to the same person
shall immediately thereafter file charges for his permanent removal
from the classified service, acting generally pursuant to the pro-
visions of Section 33 of this article, with further proceedings to be
had thereunder.

(c) Any person who is denied an increase in salary under the
provisions of paragraph (2) of subsection (b) hereinabove shall have
a right of appeal to the [Commissioner] Secretary who shall have
the power to determine whether the suspension and resulting
denial of an increase were justified and the further power to
change or modify the suspension and the denial of an increase
according to such determination.

31.

The [Commissioner] Secretary of Personnel shall by rule pre-
scribe standards of performance for any positions or classes of posi-
tions and may prescribe the form and scope of the records that the
appointing authorities shall keep of the actual performance, output
and conduct of employees as a basis for the determination of the
efficiency of such employees.

The [Commissioner] Secretary shall by rule provide for the trans-
fer from a position provided, however, that no employee shall be
transferred from a position in one department to a position in
another department without the consent of the respective appoint-
ing authorities, and provided further that no employee shall be
transferred from a position in one class to a position in a different
class whether in the same or in a different department, except
under the provisions of this section.

The transfer of an employee from a position in a given class to a
position in a different class for which a higher maximum rate of
compensation is prescribed shall be considered a promotion, and, in
effect, a new appointment and may be made only under the provisions
governing appointments herein.

The transfer of an employee against his consent from a position
in a given class to a position in a different class for which a lower
maximum rate of compensation is prescribed shall be considered a
demotion and may be made only under the provisions governing
removal and demotion herein.

32.

The [State Commissioner] Secretary of Personnel is hereby au-
thorized and directed to present appropriate emblems and written
certificates to State employees, including but not limited to those
teachers and other instructional employees who are employed by or
in institutions of the State departments of correction, welfare, health