50

LAWS OF MARYLAND

Ch. 22

reference in present Art. 77, §32(3) to the
appointment of "clerical" assistants and agents
is deleted, as is its reference to authorization
by "the State Superintendent of Schools" to
appointments under this item (3). As more
clearly seen from the last sentence of present
Art. 77, §30 - now §2-105 of this subtitle -
clerical and other nonprofessional personnel are
appointed by the State Superintendent and not, as
otherwise implied here, by the State Board. On
the other hand, as indicated in the second and
third sentences of present §30 — now subsection
(b) of this section - the State Board sets the
qualifications and is the appointing authority
for all professional personnel, while the State
Superintendent is the nominating authority;
therefore, the present reference to the
appointment of professional assistants and agents
"as ... authorized by the State Board ... or the
State Superintendent" is at best misleading.

In subsection (b)(1) of this section, the
revision clarifies that the State Superintendent
may nominate more than one individual for each
position. This conforms to actual practice.

In subsection (c) of this section, new language
is added to indicate that it is the State Board
that dismisses professional assistants. This is
done to conform the language with the actual
practice.

Subsection (d) of this section is organized to
clarify that all professional assistants
appointed under this section, including those
appointed under subsection (a)(3) of this
section, have the duties "assigned ... by the
State Superintendent". In present Art. 77, §32,
this phrase misleadingly is used only as to those
appointed under what is now subsection (a)(1) and
(2) of this section.

The only other changes are in style.

2-105. NONPROFESSIONAL PERSONNEL.

UNLESS OTHERWISE PROVIDED BY LAW, THE STATE
SUPERINTENDENT SHALL APPOINT AND REMOVE ALL CLERICAL
ASSISTANTS AND OTHER NONPROFESSIONAL PERSONNEL OF THE
DEPARTMENT IN ACCORDANCE WITH THE STATE MERIT SYSTEM LAW.

REVISOR'S NOTE: This section is new language derived
without substantive change from the last sentence
of Art. 77, §30.

The language of this section is revised to
conform to the standard language adopted in other
revised articles, e.g., §2-102(d) of the