Section 8-3 - A-01. General consideration.
§ 8-3A-01. General consideration.
(a) Definitions.-
(1) In this section the following words have the meanings indicated.
(2) "Appointing authority" has the meaning stated in § 1-101(b) of the State Personnel and Pensions Article.
(3) "Office" means the Appointments Office in the Office of the Governor that performs the function of recommending to the Governor the appointment or nomination of an individual to serve as a member of a State or local board, commission, council, committee, authority, task force, or other entity that by law requires the membership to be appointed in whole or in part by the Governor, whether or not the appointment or nomination is with the advice and consent of the Senate or House of Delegates.
(b) Direct or overrule appointing authority decision prohibited.- The Office may not direct or overrule an appointing authority, the Secretary of Budget and Management, or any unit of the Department of Budget and Management, on any decision to appoint, promote, transfer, reassign, discipline, or terminate an employee under the jurisdiction of the appointing authority.
(c) Delegation of authority.- Only an appointing authority may delegate in writing the authority to act on the appointing authority's behalf, but only to an employee or officer under the jurisdiction of the appointing authority.
(d) Delegation of authority - Exception.- An appointing authority may not delegate the authority to make the final decision on the termination of an employee.
(e) Delegation of authority - Notification to Secretary of Budget and Management.- An appointing authority shall notify the Secretary of Budget and Management of any delegation of authority authorized under this section by providing the Secretary a copy of the delegation.
[2007, ch. 516.]