HARRY HUGHES, Governor

951

Subsection (d)(2) of this section is based on the
references, in former § 20(d), to "express approval
... by the President ... and the Speaker" and
"documented compliance" and the cross-reference, in
former Art. 15A, § 8(f), to Art. 64A, § 27 of the
Code. However, in 62 Op. Att'y Gen. 674 (1977), the
Attorney General opined that, under the separation of
powers doctrine, Art. 64A, § 27 of the Code does not
apply to employees of the Administrative Office of the
Courts. On the basis of that doctrine, presumably
present § 27 does not apply to employees of the
Legislative Branch. Therefore, the new language in
subsection (d)(2) of this section applies to the types
of employees for which an emergency increase is
authorized under present § 27, but does not include
the requirements of present § 27 for a recommendation
of the Secretary of Personnel and approval by the
Board of Public Works.

Also, in subsection (d)(2)(i) of this section, the
reference to an "essential career employee
performing an administrative function" is substituted
for the reference, in present Art. 64A, § 27(a), to
"essential career administrative employees, performing
executive functions", to avoid possible confusion with
functions of the Executive Branch.

The introductory language of subsection (d)(2) of this
section, "[w]hile the General Assembly is not in
session," reflects the third sentence of former Art.
15A, § 20(d). That former sentence stated that "all
actions in which the ceiling is exceeded [are]
temporary until approved by the General Assembly at
its next session" and, thus, seemed not to apply to an
action by the General Assembly while in session.

Subsection (d)(2)(i) of this section also clarifies
that the inability to obtain or keep staff constitutes
the "emergency".

However, the Commission notes that there are still a
number of unresolved issues.

For example, while the third sentence of former Art.
15A, § 20(d) stated that a salary increase is
temporary until "approved by the General Assembly at
its next session", the former law did not provide for
the manner in which the salary increase is to be
"approved" or disapproved.

The Commission considered whether the Senate or the
House could exercise its authority under subsection
(a) of this section to ratify or disapprove the
increase. However, it is unclear whether, in light of
the requirement for "express approval" of the