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<section article="gtr" article_name="Transportation" number="5-201.1" title_number="5" title_name="Aviation" subtitle_number="2" subtitle_name="Maryland Aviation Commission and Maryland Aviation Administration">
  <level label="a">
    <level label="1">
      <text>Notwithstanding any other provision of law, the Commission shall determine the qualifications and appointment, as well as compensation and leave, for up to 12 management personnel positions required by the Administration to operate and administer all State-owned airports.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>In making determinations and appointments under this subsection, the Commission shall consider the comparative status of employees serving in similar positions and discharging similar duties at comparable airports or aeronautical agencies.</text>
      </level>
      <level label="ii">
        <text>In selecting comparable airports or agencies, the Commission shall consider operational and traffic data, market area characteristics, airport or agency competitiveness, and any other factors the Commission considers appropriate.</text>
      </level>
    </level>
    <level label="3">
      <text>Except for general salary increases approved by the General Assembly, the Commission shall submit to the Secretary of Budget and Management at least 10 days prior to the effective date of any management personnel position salary increase notice of the proposed adjustment.</text>
    </level>
    <level label="4">
      <text>The Secretary of Budget and Management shall:</text>
      <level label="i">
        <text>Review the proposed adjustment; and</text>
      </level>
      <level label="ii">
        <text>Within 10 days of receipt of the proposed adjustment, advise the Commission whether the adjustment poses an adverse impact on special fund expenditures.</text>
      </level>
    </level>
    <level label="5">
      <text>Failure of the Secretary of Budget and Management to advise the Commission in a timely manner shall be deemed a determination that the proposed adjustment poses no adverse impact.</text>
    </level>
    <level label="6">
      <text>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.</text>
    </level>
  </level>
  <level label="b">
    <text>Actions of the Commission which, in the judgment of the Chairman, have an impact upon the Transportation Trust Fund are subject to the approval of the Chairman.</text>
  </level>
  <level label="c">
    <text>The Chairman of the Commission shall:</text>
    <level label="1">
      <text>Based on the advice of the Commission and subject to the approval of the Governor, appoint the Executive Director of the Administration in accordance with § 5–501 of the General Provisions Article; and</text>
    </level>
    <level label="2">
      <text>Approve the Administration’s budget before its submission for the Governor’s approval and inclusion in the proposed budget submitted to the General Assembly.</text>
    </level>
  </level>
  <level label="d">
    <text>The Chairman of the Commission with the advice of the Commission may remove the Executive Director of the Administration.</text>
  </level>
</section>
