2016 Maryland Code
Transportation
Title 6 - Ports
Subtitle 2 - Maryland Port Commission and Maryland Port Administration
§ 6-201.2. Commission -- Powers and duties

(a) Appointments of personnel for operation and managing port facilities. --

(1) The Commission may appoint up to a total of 12 management personnel employees to operate and manage all State-owned port facilities or to perform services for private operating companies created under § 6-204(q) of this subtitle.

(2) Notwithstanding any other provision of law, the Commission may determine the qualifications and appointment, as well as compensation and leave, for employees appointed under this subsection.

(3) At least 10 days before the effective date of the change, the Commission shall submit to the Secretary of Budget and Management each change to the salaries of those employees that involves increases in salary ranges other than those associated with general salary increases approved by the General Assembly.

(4) The Secretary of Budget and Management shall:

(i) Review the proposed changes; and

(ii) Within 10 days of receipt of the proposed changes, advise the Commission whether the changes would have an adverse effect on special fund expenditures.

(5) Failure of the Secretary of Budget and Management to respond in a timely manner is deemed to be a statement that the change will have no adverse effect.

(6) Employees appointed under this subsection are State employees and shall be entitled to participate in the retirement and pension systems for employees of the State of Maryland authorized under Division II of the State Personnel and Pensions Article.

(7) The budget submitted by the Governor to the General Assembly shall include personnel detail for the management personnel positions under this subsection in the form and manner provided for an agency in the State Personnel Management System.

(8) Subject to § 2-1246 of the State Government Article, on or before December 1 of each year, the Commission shall report to the Governor and the Legislative Policy Committee of the General Assembly on actions taken by the Commission under this subsection during the previous fiscal year with regard to individuals subject to this subsection.

(b) Regulations. --

(1) (i) Subject to approval of the Administration's budget by the General Assembly as provided in § 3-216 of this article and subject to State fiscal procedures, including those governing budgeting, accounting, and auditing, the Commission may adopt regulations establishing procedures for the approval and control of Administration expenditures.

(ii) The Commission shall present regulations proposed under this subsection to the Board of Public Works for approval.

(2) The Commission may adopt any other regulations necessary to carry out the provisions of this title.

(c) Reports. --

(1) Subject to § 2-1246 of the State Government Article, the Commission shall report by January 15 of each year to the General Assembly on the activities of the Port Commission during the previous year.

(2) The report shall include a review of the port's competitive position during the previous year and any recommendations of the Commission for future changes in legislation, capital funding, or operational flexibility for consideration by the General Assembly.

(3) The report shall also include any substantive changes in its regulations for procurement and personnel.

(4) (i) The report shall also describe the vulnerability assessment information concerning public terminals submitted by the Administration to the United States Coast Guard under the federal Maritime Transportation Security Act of 2002.

(ii) With respect to any vulnerability concerns reported by the Administration to the United States Coast Guard, the information reported under this paragraph:

1. Shall provide an estimate of the cost of addressing the vulnerability concerns;

2. Shall state the amount of any grants or other federal funds received or requested by the Administration to address the vulnerability concerns and shall include information on the status of any pending requests for federal funds; and

3. May not include the specific details of any vulnerability concerns, the disclosure of which could compromise, in any way, transportation security.