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S.B. 582
VETOES
one in ten employees suffers from a substance use or abuse problem. Additionally, the
report finds that on average, one employee influences the lives of at least four other
co-workers. This translates into a staggering cost to both public and private sector
employers in terms of lost productivity, absenteeism, and injuries.
The intent of the SSAP is to ensure a drug and alcohol-free work place where State
employees can carry out their duties efficiently and effectively. The SSAP provides the
means by which management can identify and assist at-risk employees and, if necessary,
discipline those who fail to respond to treatment in order to ensure the integrity of the
work place.
While proponents have expressed concern about unjustified dismissals, Senate Bill 582
would preclude a management authority from taking any action on what might be a
flagrant drug or alcohol violation, and which might be indicative of a serious substance
abuse problem, simply because probation before judgement was awarded. Such a
restriction greatly undercuts the effectiveness of the SSAP and is bad public policy.
Maryland has taken, and continues to take, great strides in combatting the pervasive and
destructive problem of substance abuse. Senate Bill 582 flies directly in the face of these
efforts and would create an unsatisfactory and confusing policy for both State employees
and the public they serve.
For these reasons, I have vetoed Senate Bill 582.
Sincerely,
William Donald Schaefer
Governor
Senate Bill No. 582
AN ACT concerning
State Substance Abuse Policy - Probation Before Judgment - Offenses Outside the
Course and Scope of Employment
FOR the purpose of providing that a probation before judgment for State employees and
convictions for certain State employees not in a sensitive class or position occurring
outside the course and scope of employment may not be considered violations of the
State Substance Abuse Policy under certain circumstances; prohibiting the State or
an appointing authority from imposing a suspension or other sanctions, or
undertaking any other disciplinary actions under the State Substance Abuse Policy
against a State employee who receives a probation before judgment or against
certain State employees not in a sensitive class or position for convictions not
occurring during the course and scope of employment under certain circumstances;
providing certain exceptions for offenses occurring during the course and scope of
employment; defining certain terms; making this Act an emergency measure; and
generally relating to the consideration of probation before judgment and offenses
occurring outside the course and scope of employment under the State Substance
Abuse Policy.
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