VETOES

[(2)] (3) If a law enforcement officer is offered
summary punishment imposed pursuant to § 734A and refuses, the
chief may convene a one-member or more hearing board and the
hearing board shall have only the authority to recommend the
sanctions as provided in this subtitle for summary punishment. If
a single member hearing board is convened, that member need not
be of the same rank. However, all other provisions of this
subtitle shall apply.

731.

(d) (1) Notwithstanding any other provisions of this
subtitle, THE DECISION OF THE HEARING BOARD, BOTH AS TO FINDINGS
OF FACT AND PUNISHMENT, IF ANY, IS FINAL:

(I)   [if] IF a chief is an eyewitness to the
incident under investigation[, the decision of the hearing board,
both as to findings of fact and punishment, if any, is final]; OR

(II)   IF AN AGENCY OR ITS SUPERIOR GOVERNMENTAL
AUTHORITY HAS AGREED WITH AN EXCLUSIVE COLLECTIVE BARGAINING
REPRESENTATIVE RECOGNIZED OR CERTIFIED UNDER APPLICABLE LAW THAT
THE DECISION IS FINAL.

(2) THE PROVISIONS OF PARAGRAPH (1)(II) OF THIS
SUBSECTION MAY NOT BE THE SUBJECT OF BINDING ARBITRATION.----

(2) (3) The decision then may be appealed in
accordance with § 732 of this subtitle.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1989.

May 25, 1989

The Honorable Thomas V. Mike Miller, Jr.

President of the Senate

State House

Annapolis, Maryland 21401

Dear Mr. President:

In accordance with Article II, Section 17 of the Maryland
Constitution, I have today vetoed Senate Bill 99.

This bill repeals the exemption to the child abuse reporting
statute for health practitioners who treat pedophilia.

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