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Martin O'Malley, Governor
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Ch. 414
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(2) Except as otherwise provided by law, the Secretary shall appoint
and remove all other personnel in accordance with the provisions of the State
Personnel and Pensions Article.
(3) The Secretary may delegate the authority to appoint and remove
personnel of any unit to the administrator of the unit.
(E) (1) NOTWITHSTANDING THE PROVISIONS OF §§ 15-502 THROUGH
15-504 OF THE STATE GOVERNMENT ARTICLE, AN INDIVIDUAL WHO OWNS OR
OPERATES A FARM THAT IS SUBJECT TO THE REGULATORY AUTHORITY OF THE
DEPARTMENT MAY BE APPOINTED AS SECRETARY OR DEPUTY SECRETARY OF
THE DEPARTMENT OR EMPLOYED WITHIN THE DEPARTMENT, IF THE
INDIVIDUAL, WITH RESPECT TO THE FARM ACTIVITIES OF THE INDIVIDUAL'S
FARM, DOES NOT EXERCISE ANY REGULATORY OR SUPERVISORY AUTHORITY IN
THE INDIVIDUAL'S CAPACITY AS AN EMPLOYEE OR APPOINTEE OF THE
DEPARTMENT.
(2) THE DEPARTMENT, IN CONSULTATION WITH THE STATE
ETHICS COMMISSION, SHALL ADOPT REGULATIONS TO GOVERN CONFLICTS OF
INTEREST WITH RESPECT TO EMPLOYMENT OF INDIVIDUALS WHO OWN OR
OPERATE A FARM UNDER THIS SUBSECTION.
SECTION 2. AND BE IT FURTHER ENACTED, That on or before December
31, 2010, the Department of Agriculture and the State Ethics Commission shall jointly
prepare and submit a report to the General Assembly, in accordance with § 2-1246 of
the State Government Article, that includes:
(a) The number of employees hired by the Department, on or after October 1,
2007, who own or operate a farm;
(b) The positions for which the employees identified in subsection (a) of this
section were hired; and
(c) Information on how the Department addressed any conflict of interest or
potential conflict of interest in hiring the employees identified in subsection (a) of this
section.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 2007.
Approved by the Governor, May 8, 2007.
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- 2537 -
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