WILLIAM DONALD SCHAEFER, Governor Ch. 831

rates of pay for the services performed, comparable services in
public and private employment, living costs, maintenance or other
benefits received by employees, and the State's financial
condition and policies.

(III)  The pay plan shall take effect when funds
for that purpose are available within the budget.

(IV) 1. The Secretary, with the approval of the
Governor, may amend the pay plan for specific classifications of
positions in order to recruit or retain competent personnel or to
ensure that compensation rates adequately compensate the skills,
knowledge, effort, responsibility, and working conditions.

2.  An amendment may not take effect
unless sufficient funds have been included within the budget for
that purpose.

3.  EXCEPT AS PROVIDED IN PARAGRAPH (2) OF
THIS SUBSECTION, SALARY ADJUSTMENTS TO THOSE EXECUTIVE BRANCH
POSITIONS LISTED IN THE BUDGET BILL IN ACCORDANCE WITH § 7-109 OF
THE STATE FINANCE AND PROCUREMENT ARTICLE SHALL BE CONTINGENT
UPON THE APPROVAL OF THE BOARD OF PUBLIC WORKS.

(V)  Amendments to the pay plan shall be
reported to the General Assembly by the 15th day of the next
regular session. The General Assembly may reject amendments to
the pay plan. If an amendment is rejected, the appropriate
salary reduction shall become effective in the next fiscal year.

(2) (I) THE SECRETARY SHALL ESTABLISH AN EXECUTIVE
PAY PLAN IN ACCORDANCE WITH PARAGRAPH (1) OF THIS SUBSECTION.
THE EXECUTIVE PAY PLAN SHALL INCLUDE EXECUTIVE MANAGEMENT
POSITIONS IN THE EXECUTIVE BRANCH, AS DETERMINED BY THE SECRETARY
ALL PERMANENT POSITIONS IN THE EXECUTIVE BRANCH, INCLUDING
POSITIONS IN THE GOVERNOR'S OFFICE, WITH A SALARY ABOVE THE
LOWEST SALARY IN THE EXECUTIVE PAY PLAN AND WHICH ARE NOT
INCLUDED IN THE PAY PLAN FOR GRADED STATE EMPLOYEES AS PROVIDED
IN PARAGRAPH (1) OF THIS SUBSECTION. THE EXECUTIVE PAY PLAN
SHALL NOT INCLUDE CONSTITUTIONAL OFFICERS, POSITIONS FOR WHICH
SALARIES BY LAW ARE DETERMINED BY JUDICIAL SALARIES, AND
POSITIONS FOR WHICH SALARIES ARE DETERMINED BY AN AGENCY WITH
INDEPENDENT SALARY SETTING AUTHORITY UNLESS THE POSITIONS ARE
INCLUDED IN THE EXECUTIVE PAY PLAN PURSUANT TO SUBPARAGRAPH (II)
OF THIS PARAGRAPH.

(II) NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, THE SECRETARY MAY INCLUDE IN THE EXECUTIVE PAY PLAN
EXECUTIVE MANAGEMENT POSITIONS IN THE FOLLOWING AGENCIES:

1. THE GOVERNOR'S OFFICE;

2. MARYLAND STADIUM AUTHORITY;

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