H.B. 879                                                 VETOES

Attorney General must certify that the applicant retained counsel and that the
applicant notified the Attorney General that the applicant retained counsel. Further,
after reviewing the evidence and other information, the Attorney General must find
that in connection with a matter under criminal investigation that the applicant
acted in good faith, did not engage in unlawful conduct, and the counsel fees incurred
were reasonable.

I find it appropriate that the Attorney General, who has received notice of the case
and thus been able to follow and investigate the case, should be required to make the
findings described above before the Board of Public Works pays counsel fees. To allow
an applicant to circumvent this process is not good public policy. This would require
the Board in every case to conduct its own investigation of these cases, essentially
duplicating what the law now provides. This is not an efficient use of resources.

For the above stated reasons, I have vetoed House Bill 879.

Sincerely,

Robert L. Ehrlich, Jr.

Governor

House Bill No. 879

AN ACT concerning

State Government - State Law Enforcement Officers - Application for Lost

Pay and Attorneys' Fees

FOR the purpose of eliminating a requirement to have the Attorney General or the
Attorney General's designee make a determination of the applicant's good faith
under certain circumstances; requiring the Board of Public Works to reimburse
certain State law enforcement officers that have applied for lost back pay and
reasonable attorneys' fees after having been investigated for or charged with
criminal charges under certain circumstances, if the investigation has concluded
and criminal charges have not been filed against the officer or if certain final
dispositions of all of the charges occur; eliminating a requirement to have the
Attorney General or the Attorney General's designee make a determination of
the applicant's good faith under certain circumstances; requiring authorizing
the Board of Public Works to approve payment of lost wages and reasonable
attorneys' fees resulting from a certain suspension without pay to an applicant
from a State law enforcement agency under certain circumstances; prohibiting
the Board from approving certain payments under certain circumstances;
providing for the application of this Act; and generally relating to an application
to the Board by a State law enforcement officer for lost back pay or reasonable
attorneys' fees under certain circumstances.

BY repealing and reenacting, without amendments,
Article - Public Safety
Section 3-112(c)
Annotated Code of Maryland

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