2782

VETOES

President of the Senate

State House

Annapolis, Maryland 21404

Dear Mr. President:

In accordance with Article II, Section 17 of the
Maryland Constitution, I have today vetoed Senate Bill
713.

This bill codifies in law the present grievance
procedures established by Executive Order for most State
employees in the Executive Branch of State Government,
and applies them to all State employees except those
excluded in new section 53(c) added by the bill to
Article 64A.

The effect of the bill would be to extend these
grievance procedures to officers of the Maryland State
Police, non—faculty employees of the University of
Maryland, the Associate Staff of Morgan State University,
and employees of the Legislative and Judicial Branches of
the State Government.

I have no objection to codifying the existing
grievance procedures, or to extending these procedures to
employees of the Legislative and (assuming the
constitutionality thereof) the Judicial Branch. I am
concerned, however, about the blanket application of
these grievance procedures to officers of the State
Police, employees of the University of Maryland, and the
Associate Staff of Morgan State University.

The Maryland State Police has a grievance procedure
for its employees that is not wholly dissimilar from that
required under Senate Bill 713. The principal
differences are that the State Police procedures are
somewhat more expeditious and provide for the ultimate
decision to be made by the Superintendent. All rights of
fairness and due process, including the right to be
represented by an attorney or other responsible person,
are accorded. Step 5 permits review by the Secretary of
Personnel, but his decision is advisory only.

The State Police is somewhat unique vis a vis other
State agencies simply because of its heavy and sensitive
responsibilities pertaining to law enforcement and
dealing with the public. In my judgment, matters such as
work assignments and conditions, discipline, and other
similar aspects of personnel policy and administration
should remain under the control of the Superintendent,
without the intervention of the Department of Personnel
mandated by this bill. I am supported in that belief by
the Secretary of Personnel, the Superintendent of the
State Police, and the Secretary of Public Safety and