Ch. 10

1993 LAWS OF MARYLAND

(2)      EACH ASSISTANT SECRETARY AND EACH 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 THE DEPARTMENT IN ACCORDANCE
WITH THIS DIVISION I.

(4)      THE SECRETARY MAY REVIEW PERSONNEL ACTIONS OF A UNIT OF
STATE GOVERNMENT WITHIN THE AUTHORITY OF THE DEPARTMENT.

REVISOR'S NOTE: Subsections (a) and (b)(1), (2), and (3) of this section are new
language derived without substantive change from former Art. 41, § 9-102 and
former Art. 64A, § 10(a).

Subsection (b)(4) of this section is new language that repeats the provisions of
the second clause of the ninth sentence of present Art. 41, § 1-201.

In subsection (b)(1) and (3) of this section, the word "staff" is substituted for
the former references to "assistants, professional consultants and employees"
for brevity.

In subsection (b)(1) of this section, the former specific reference to expenses
for "office rent, printing, advertising, [and] stationery" is deleted as
unnecessary in light of the State budgetary process.

In subsection (b)(3) of this section, the reference to the staff of the
"Department" is added because the Secretary is the appointing authority for
the Department.

The State Personnel Article Review Committee notes, for consideration by
the General Assembly, that although appointment of the deputy secretary
requires approval of the Governor, similar approval is not required for
removal. The laws governing 8 principal departments require approval of the
Governor for removal of the deputy secretary of that department: AG §
2-102(d), BR § 2-103(b), NR § 1-101(d), TR § 2-102(e), Art. 41, §§ 4-103(e)
and 6-103(e), and Art. 83A, § 1-205(e). The laws governing 7 of the other
principal departments, including the Department of Personnel, contain no
comparable provision. The appointment of the Deputy State Superintendent
of Schools, in the Department of Education, does not require gubernatorial
approval.

The General Assembly may also wish to consider adding language that
expressly authorizes the deputy secretary to act as Secretary in the absence of
the Secretary.

Defined terms: "Department" § 1-101
"Secretary" § 1-101

2-105. GENERAL AUTHORITY AND DUTIES OF SECRETARY.

(A) BUDGET.                                                                   

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