3248

VETOES

FOR the purpose of authorizing the Secretary of Personnel,
whenever a classified position is abolished and the
duties of that position are assumed by persons in
other filled, classified positions, upon notice by the
head of the agency or department to the Secretary of
Personnel; to audit the positions on assuming the
additional duties and reclassify such positions to a
higher classification if the persons in these positions
are determined to be performing the required duties
with superior efficiency and effort; and requiring
annual reports concerning the use of this procedure;
and providing for a certain phasing out date.

May 29, 1978
Honorable John Hanson Briscoe
Speaker of the House of Delegates
State House
Annapolis, Maryland 21404

Dear Mr. Speaker:

In accordance with Article II, Section 17 of the
Maryland Constitution, I have today vetoed House Bill 1947.

This bill authorizes the Secretary of Personnel to
audit and reclassify positions to which are assigned
additional duties as a result of the abolition of another
classified position. Detailed annual reporting to the
General Assembly of each such action is required.

The Secretary of Personnel has reminded me that Section
16(a) of Article 64A now provides that "Any change in the
duties of a position, if material, shall operate to abolish
it and create a new position which shall be classified under
this section". The Secretary has also advised me that, in
his opinion, the reporting requirements of House Bill 1947
are somewhat unclear and may be administratively cumbersome.

I believe that the signing of House Bill 1947 will
simply add to Section 16 of Article 64A further language
regarding the reclassification of positions in the cases
described in the bill. The result can only be to confuse
the existing law which already protects the employee who is
required to assume additional, material duties.

For these reasons, and at the request of the Secretary
of Personnel, I have decided to veto House Bill 1947.

Sincerely,
Blair Lee III
Acting Governor