Ch. 5

2003 LAWS OF MARYLAND

(1)     WITH THE APPROVAL OF THE SECRETARY, THE COMMISSION SHALL
APPOINT A DEPUTY DIRECTOR AND ANY OTHER EMPLOYEES THAT THE COMMISSION
CONSIDERS NECESSARY TO PERFORM GENERAL ADMINISTRATIVE AND TRAINING

MANAGEMENT FUNCTIONS.

(2)      THE DEPUTY DIRECTOR AND OTHER EMPLOYEES APPOINTED UNDER
PARAGRAPH (1) OF THIS SUBSECTION SHALL SERVE AT THE PLEASURE OF THE
COMMISSION.

(C)     OTHER EMPLOYEES.

WITH THE APPROVAL OF THE SECRETARY, THE COMMISSION SHALL EMPLOY
OTHER INDIVIDUALS AS NECESSARY TO CARRY OUT THIS SUBTITLE.

(D)     COMPENSATION.

THE EXECUTIVE DIRECTOR, DEPUTY DIRECTOR, AND OTHER EMPLOYEES OF
THE COMMISSION ARE ENTITLED TO RECEIVE COMPENSATION AS ESTABLISHED BY
THE COMMISSION IN ACCORDANCE WITH THE STATE BUDGET.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, § 4-201(d)(9) and (10).

In subsections (a), (b), and (c) of this section, the mandatory language
which provides that the Commission "shall" appoint an executive director,
a deputy director, and other employees as necessary to perform general
administrative and training management functions and "shall" employ
other individuals as necessary to carry out this subtitle, is substituted for
the former references to the "responsibility" and "duty" of the Commission
for consistency with similar provisions in other revised articles of the
Code.

The Public Safety Article Review Committee notes, for consideration by the
General Assembly, that the introductory language in former Art. 41, §
4-201(d) refers to the "authority", "responsibility", and "duty" of the
Commission. This language gives rise to the issue of whether former Art.
41, § 4-201(d)(9) and (10) establish powers (i.e., authority) or duties (i.e.,
responsibilities). This section has been drafted to create mandatory duties
because the word "shall" (which indicates a duty) was used several times in
former Art. 41, § 4-201(d)(9). If the General Assembly wishes to make
these powers discretionary, the word "may" should be substituted for the
word "shall".

In subsection (c) of this section, the reference to "individuals" is substituted
for the former reference to "persons" because only individuals, and not the
other entities included in the defined term "person", can be employed by
the Commission. See § 1-101 of this article for the definition of "person".

Also in subsection (c) of this section, the former reference to approval by
the "legislature" is deleted. Because it is unlikely that former Art. 41, §
4-201(d)(10) literally contemplated specific approval by the General
Assembly of each employee of the Commission, a more reasonable reading

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