WILLIAM DONALD SCHAEFER, Governor                     H.B. 1281

dispute. The language states that the Department may be a party to a grievance for any
Departmental "action or lack of action". This means that the promulgation of regulations,
enforcement of an executive order, or a decision not to take a certain course of action
could allow the Office of Administrative Hearings to make the Department of Personnel
a party in an employee grievance. Such a consequence goes well beyond the intent of
House Bill 1281.

Finally, the uncodified language in House Bill 1281 also could be construed to apply
retroactively, on the grounds that the bill "is intended to clarify" the procedures of the
grievance statutes. This would result in an onslaught of grievances being thrust upon the
Department of Personnel and is inconsistent with the normal practice of making changes
to State personnel policies prospective only.

While I cannot support House Bill 1281 in its present form, I remain sympathetic to the
argument that the Department of Personnel should defend its actions in a grievance,
especially when the employee's appointing authority disagrees with the Department's
decision. Therefore, I will issue an executive order that will allow employees, under
limited circumstances, to name the Department of Personnel as a party in employee
grievances.

For the above reasons, I have today vetoed House Bill 1281.

Sincerely,

William Donald Schaefer

Governor

House Bill No. 1281

AN ACT concerning

State Personnel - Grievances

FOR the purpose of specifying the agencies that may be involved in grievable actions;
clarifying who may be partners parties in a grievance; and generally relating to State
employee grievance procedures.

BY repealing and reenacting, with amendments,
Article - State Personnel and Pensions
Section 10-101

Annotated Code of Maryland
(1993 Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - State Personnel and Pensions

10-101.

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