BLAIR LEE III, Acting Governor                        2999

*Not signed by the Acting Governor.

No. 54*

(Senate Joint Resolution 29)

A Senate Joint Resolution concerning

Compensation of Driver's License Reviewers

FOR the purpose of compensating requesting the Acting
Governor to include money in the supplemental budget to
compensate certain drivers license reviewers for the
period they were improperly paid; and requesting that

there be a consistent policy on the award of back pay

in personnel cases.

WHEREAS, It has come to our attention that the driver's
license reviewers in the Motor Vehicle Administration were
paid for several years at the salary scale 10 level while
hearing officers performing the same duties as the reviewers
were paid at the salary scale 15 level; and

WHEREAS, On December 13, 1972 March 15, 1974, the
reviewers filed a grievance asking to be reclassified to
salary scale 15; and

WHEREAS, Through the five step grievance procedure, it
was not until September 4, 1975 that the aggrieved parties
were able to have final determination of their case; and

WHEREAS, The arbitrators' decision was that the
driver's license reviewers were indeed improperly
classified, and they were reclassified to the higher salary
scale; and

WHEREAS, Although it was determined that the reviewers
were improperly paid they were not given back pay for the
period of their improper compensation; and

WHEREAS, The reviewers appealed to the courts asking
that they be awarded the back pay; and

WHEREAS, The trial appellate courts were      barred from

finding for the reviewers solely on the doctrine of

sovereign immunity which prohibited the State     from being
sued for breach of contractual obligations; and

WHEREAS, Judge Liss of the Court of Special Appeals, in
his opinion on the case stated: "It seems clear from the
reading of the record that there was an inordinate delay in
the resolution of the appellants' complaint most of which