ROBERT L. EHRLICH, JR., Governor                             Ch. 340

(3) The Deputy Secretaries have the duties provided by law or delegated
by the Secretary.

(c)      The Secretary shall designate a Deputy Secretary to be the acting
secretary when the Secretary is absent from the State or otherwise unavailable.

(d)     (1) The Secretary may employ a staff and retain consultants in
accordance with the State budget.

(2)     Except as provided in paragraph (4) of this subsection or otherwise by
law, the Secretary shall appoint and remove all staff in accordance with the provisions
of the State Personnel and Pensions Article.

(3)     The appointment or removal of staff of any unit in the Department is
subject to the approval of the Secretary. As to any unit in the Department, the
Secretary may delegate this authority to the head of that unit.

(4)     All personnel in the Department specified in this paragraph shall be
in the executive service or management service of the State Personnel Management
System and shall be appointed by and serve at the pleasure of the Secretary:

(i) Any assistant secretary;

(ii) Any director of an institution;

(iii) The superintendent of the youth centers; and

(iv) The managing director, deputy director, and director of
detention at the Baltimore City Juvenile Justice Center.

(5)     All personnel in the Department who are subject to the provisions of
paragraph (4) of this subsection shall be prohibited from other employment while
employed by the Department, unless express permission is granted by the Secretary.
Express permission from the Secretary may not be unreasonably withheld. If the
Secretary grants permission to engage in other employment, the employee shall
disclose to the Secretary the source and amount of all income earned from that other
employment.

(6)     All teachers WHO DO NOT HOLD A CERTIFICATE UNDER TITLE 6,
SUBTITLE 1 OF THE EDUCATION ARTICLE, principals, directors of education, and
supervisors of vocational education who are employed by institutions managed by the
Department are in the management service or are special appointments in the State
Personnel Management System.

(7)     The Department shall:

(i) Adopt a code of conduct for personnel of the Department; and

(ii) Require private agencies under contract with the Department
to adopt a code of conduct for private agency staff that is in substantial compliance
with the code of conduct for personnel of the Department.

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