Maryland Governor - Executive and Administrative Departments Section 6-103

Article - Governor - Executive and Administrative Departments

§ 6-103.

      (a)      The Secretary of Human Resources shall appoint, with the approval of the Governor, three deputy secretaries who shall serve at the pleasure of the Secretary and who shall receive such compensation as is provided in the State budget. The deputy secretaries of the Department of Human Resources shall have such duties as are delegated by the Secretary. The Secretary shall designate a deputy secretary to be the acting secretary during periods when the Secretary may be absent from the State or otherwise unavailable.

      (b)      (1)      The Secretary of Human Resources shall also have attached to the Secretary's office such assistants, professional consultants, and employees as are provided for in the State budget. The Secretary may establish areas of responsibility within the Secretary's office and designate assistants to be in charge of such areas.

            (2)      All staff assistants in the Secretary's office in charge of particular areas of responsibility and all professional consultants shall be in the executive service, management service, or special appointments in the State Personnel Management System and shall serve at the pleasure of the Secretary.

            (3)      Except as otherwise provided by law, all other employees of the Secretary's office shall be appointed and removed by the Secretary in accordance with the provisions of Title 6, Subtitle 4 of the State Personnel and Pensions Article.

      (c)      The appointment or removal of personnel by an administration, board, commission, division, or other agency within the jurisdiction of the Department of Human Resources shall be subject to the approval of the Secretary; however the Secretary is authorized to delegate this power of approval to the heads or governing bodies of the boards, commissions, divisions or other agencies within the jurisdiction of the Department of Human Resources.

      (d)      The Attorney General shall be the legal advisor to the Department of Human Resources. The Attorney General shall assign to the Department such number of assistant Attorneys General as are now authorized by law to be assigned to the various departments, agencies, boards, commissions, councils, or units which are herein, or may hereafter by law be deemed to be part of the Department of Human Resources; and the Attorney General shall also assign to the Department such additional number of assistant Attorneys General as may hereafter be authorized by law for such Department. One of the said assistant Attorneys General shall be designated by the Attorney General as counsel to the Department of Human Resources. The counsel to the Department shall have no duty other than to render, subject to the discretion and control of the Attorney General, such legal aid, advice and counsel as the Secretary and the other officials of said Department may require, and the supervision of the other assistant Attorneys General assigned to the Department. After the Attorney General has designated an assistant Attorney General to serve as counsel to the Department, the Attorney General may not reassign that counsel without consultation with the Secretary. The counsel to the Department of Human Resources, and the other assistant Attorneys General so employed, shall each perform such legal duties for the Department as the Attorney General may from time to time assign to them; and the Attorney General is hereby authorized to assign to them, and each of them, subject to the Attorney General's discretion and control, the performance of any of the duties with respect to the Department required of the Attorney General by law. All such assistant Attorneys General shall be practicing lawyers of the State of Maryland, in good standing, and they shall receive such compensation as shall be provided in the State budget. This subsection shall not apply with respect to any agencies or units of government within the Department of Human Resources to the extent that such agencies or units are authorized by law to employ their own legal advisors or counsel.

      (e)      Wherever it is provided by law that an appointment to a particular office within the Department of Human Resources is to be made by the Secretary with the approval of the Governor, and the appointee is to serve at the pleasure of the Secretary, the Secretary shall not remove the appointee without first obtaining approval of the Governor.



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