The Secretary is the head of economic development policy and implementation efforts in the State. The Secretary is the head of and is responsible for the operations of the Department of Commerce established under Title 2.5 of this article. The Secretary also monitors the operations of: the Maryland Economic Development Corporation established under Title 10, Subtitle 1 of this article; the Maryland Technology Development Corporation established under Title 10, Subtitle 4 of this article; and the Maryland Public–Private Partnership Marketing Corporation established under Title 10, Subtitle 9 of this article. Nothing in this subsection may be construed to limit the independence or operations of these corporations.

The Governor shall appoint the Secretary of Commerce with the advice and consent of the Senate. Before taking office, the appointee shall take the oath required by Article I, § 9 of the Maryland Constitution. The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor. The Secretary shall advise the Governor on all matters assigned to the units under the jurisdiction of the Secretary and is responsible for carrying out the Governor’s policies on matters assigned to the units under the jurisdiction of the Secretary. The Secretary is entitled to the compensation provided in the State budget.

The Secretary shall: consult with and advise secretaries of other principal departments on coordination of the activities of the departments that relate to economic development policy and implementation efforts in the State; establish guidelines and procedures to promote the orderly and efficient administration of the Department; and monitor the activities of and coordinate policy for: the Maryland Economic Development Corporation; the Maryland Technology Development Corporation; and the Maryland Public–Private Partnership Marketing Corporation. The Secretary may establish, reorganize, or abolish areas of responsibility in the office of the Secretary as necessary to fulfill effectively the duties assigned to the Secretary.

The Secretary shall have a seal.

With the approval of the Governor, the Secretary shall appoint a deputy secretary. The deputy secretary: serves at the pleasure of the Secretary; and is entitled to the compensation provided in the State budget. The deputy secretary shall have the duties provided by law or delegated by the Secretary.

In accordance with the State budget, the Secretary may employ a staff and retain professional consultants in the office of the Secretary. The Secretary may designate a staff assistant to be in charge of a particular area of responsibility in the office of the Secretary. Each staff assistant in the office of the Secretary in charge of a particular area of responsibility and each professional consultant is appointed by and serves at the pleasure of the Secretary. Unless otherwise provided by law, the Secretary shall appoint and remove all other employees in the office of the Secretary in accordance with the provisions of the State Personnel and Pensions Article that govern skilled service or professional service employees with the exception of special appointments.

The appointment or removal of personnel by a unit under the jurisdiction of the Department is subject to the approval of the Secretary. The Secretary may delegate the approval authority under subsection (a) of this section to the head or governing body of the unit.

The Secretary shall adopt regulations for the office of the Secretary. Subject to § 2.5–206 of this article, the Secretary shall review regulations of a unit under the jurisdiction of the Department. The Secretary may approve, disapprove, or revise regulations of a unit.

The Secretary is responsible for the budget of the office of the Secretary and for the budget of each unit under the jurisdiction of the Department.

The Secretary is responsible for the coordination and direction of all planning activities that the office of the Secretary initiates. The Secretary shall keep fully apprised of and may approve, disapprove, or modify the plans, proposals, and projects of units under the jurisdiction of the Department.

The Secretary may not remove an appointee to a particular office in the Department without first obtaining the Governor’s approval if the law provides that: the Secretary is required to make the appointment with the consent of the Governor; and the appointee: serves at the pleasure of the Secretary; or may be removed by the Secretary with or without cause.

The Secretary may call a meeting of any unit under the jurisdiction of the Secretary to consider any subject.

This section does not apply to a power, duty, responsibility, or function that is granted to the Maryland Economic Development Commission under Subtitle 2 of this title. The Secretary may exercise any power, duty, responsibility, or function of any unit under the jurisdiction of the Department.

Except as otherwise provided by law, each unit under the jurisdiction of the Secretary shall report to the Secretary or to the Secretary’s designee as provided in the regulations or written directives of the Secretary.

In accordance with the State budget, the Secretary may set the compensation of a Department employee in a position that: is unique to the Department; requires specific skills or experience to perform the duties of the position; and does not require the employee to perform functions that are comparable to functions performed in other units of the Executive Branch of State government. The Secretary of Budget and Management shall determine: position categories for special appointments in the Department; and in consultation with the Secretary, the positions for which the Secretary may set compensation under subsection (a) of this section.

This section does not apply to a unit under the jurisdiction of the Department to the extent that the unit is authorized by law to employ its own legal counsel. The Attorney General is the legal adviser to the Department. The Attorney General shall assign to the Department the number of assistant Attorneys General that are authorized by law for the Department and its units. The Attorney General shall designate one of the assistant Attorneys General assigned to the Department as counsel to the Department and may not reassign that individual without consulting with the Secretary. The counsel may only: advise the Secretary, the Maryland Economic Development Commission, and any other official of the Department as they require; supervise the other assistant Attorneys General assigned to the Department; and perform for the Department the other duties that the Attorney General assigns. The other assistant Attorneys General shall perform for the Department the other duties that the Attorney General assigns.