HARRY HUGHES, Governor

775

(1)  THE SECRETARY MAY EMPLOY A STAFF IN ACCORDANCE
WITH THE STATE BUDGET.

(2)  EACH ASSISTANT SECRETARY AND PROFESSIONAL
CONSULTANT IS APPOINTED BY AND SERVES AT THE PLEASURE OF THE
SECRETARY.

(3)  UNLESS OTHERWISE PROVIDED BY LAW, THE SECRETARY
SHALL APPOINT AND REMOVE ALL OTHER STAFF IN ACCORDANCE WITH THE
PROVISIONS OF THE MERIT SYSTEM LAW.

(4)  THE APPOINTMENT OR REMOVAL OF STAFF OF ANY UNIT
IN THE DEPARTMENT IS SUBJECT TO THE APPROVAL OF THE SECRETARY.

REVISOR'S NOTE: Subsections (a) and (c)(1) through (3) of
this section are new language derived without
substantive change from the fifth and sixth sentences
and -- as it related to additional personnel -- the
fourth sentence of former Art. 41, § 71(b) and the
third and fourth sentences of (c).

Subsection (b) of this section is new language derived
without substantive change from former Art. 15A, § 24.

Subsection (c)(4) of this section is new language that
repeats the provisions of the second clause of the
ninth sentence of present Art. 41, § 3A(a). As to the
repetition of those provisions here, as a power of the
Secretary of Budget and Fiscal Planning, see revisor's
note to § 3-202 of this subtitle. See also the
General Revisor's Note to Title 8, Subtitle 2 of the
State Government Article.

In subsection (b)(1) of this section, the former
reference to appointment of budget analysts "in
accordance with the provisions of § 16" of former
Article 15A is deleted as obsolete, since the
referenced provisions were repealed by Ch. 78, Acts of
1969. Ch. 78, which created the Department of Budget
and Fiscal Planning, also added the general provisions
as to staff in former Art. 41, § 71(b) — now
subsection (c)(1) through (3) of this section.

In subsection (b)(3)(i) of this section, the phrase
"of units of the Executive Branch of the State
government" is added to modify the term "budget
expenditures". Similarly, in subsection (b)(3)(ii) of
this section, the limited reference to "those units"
is substituted for the former reference to "any State
agency or institution". The addition and substitution
clarify that the authority of the Secretary does not
extend to the Legislative Branch or Judicial Branch.
See 61 Op. Att'y Gen. 241 (1976), which discusses the
effect of the separation of powers doctrine on the
seemingly broad power of the Secretary under former