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H.B. 1252 VETOES
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THE EDUCATION ARTICLE AND § 13-613(D)(1) OF THE TRANSPORTATION ARTICLE, AND
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MAY NOT BE USED FOR ADMINISTRATIVE EXPENSES.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2000.
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May 17, 2000
The Honorable Casper R. Taylor, Jr.
Speaker of the House
State House •
Annapolis MD 21401
Dear Mr. Speaker:
In accordance with Article II, Section 17 of the Maryland Constitution, I have today
vetoed House Bill 1252 - Compensation for Work Performed by Essential Employees
During Hurricane Floyd.
House Bill 1252 provides that essential employees of any unit or agency, of the
executive branch of State government who, due to the weather-related emergency
resulting from Hurricane Floyd, were required to report to work in Anne Arundel,
Cecil, Harford, or Kent County on September 16, 1999 during the full-day closing
period of 6:00 a.m. to the end of the day shift, are entitled to receive compensatory
time or additional pay, as appropriate. These employees would be credited with two
hours of work time for each hour actually worked during the weather-related
emergency situation. Any payments would be funded from the Catastrophic Event
Fund in the State Reserve Fund.
On September 16, 1999, State operations in ten counties were closed due to the
weather-related emergency resulting from Hurricane Floyd. These counties included
three Southern Maryland counties and seven Mid-and Lower-Eastern Shore
counties. A liberal leave policy was in effect for all other non-essential State
employees, and essential employees were required to report to work. In the ten
counties where State offices closed, non-essential employees who stayed home were
paid and not required to take leave. Essential employees received premium pay,
which usually consists of being credited 2 hours of work time for each hour actually
worked. In counties where State offices remained opened, all employees were paid for
a normal day's work and those employees who stayed home were charged leave.
In a weather related emergency, the Governor must assess, using the best
information available, the weather conditions across the State and implement a
personnel policy that protects the safety of State employees while ensuring that State
services will be available to the public. Such a decision was made in this instance.
These decisions should not be second-guessed each time concerns are raised by
employees who were required to work during the weather event.
House Bill 1252 too deeply intervenes in the management responsibility of the
Governor of Maryland.
In addition, the provisions of House Bill 1252, even if I agreed with the policy
decision, are inequitable. Under the bill, many essential employees performed their
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- 4742 -
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