The midland journal. (Rising Sun, Md.) 1885-1947, 1945-08-10
PUBLIC GENERAL LAWS

such determination by the appro.
pirate official or body herein au-
thorized to pass thereon, unless
arbitrary or wholly unreasonable,
shall be binding upon the ap-
pointing authority and the Vet
eran.
10. Where a position left, to enter
the armed services, by Second World
War Veteran qualified under this sub
title for reinstatement or re-employ-
ment, has been abolished prior to the
reinstatement Of the Veteran to said
position, and there Is no comparable
position except one held by person
having greater seniority than the quail
fed Veteran entitled to reinstatement or
unemployment, the State or other for
mer employing governmental unit shall
re-establish such position and reinstate
such qualified Veteran therein, or shall
such Veteran Is capable Of filing and
place him In such comparable position.
Any governmental unit having the tax
ing power Is hereby authorized to raise
the money necessary for either the re-
establishment of any position abolished
prior to the reinstatement therein Of a
qualified Second World War Veteran,
or the establishment Of comparable
position which the Veteran is capable
Of filling, by use Of levies and taxes,
either regular or special, and without
regard to present tax limitations. Any
such governmental unit is also hereby
authorized to borrow money, in antici-
patton Of any such levy or tax, for
such purpose.
ii. In cases Of any Second World
War Veteran who was State employee,
either classified or unclassifed, the
State Employment Commissioner shall
have the authority, after proper investi-
cation, including medical and mental
examinations deemed necessary, to de-
termine the qualifications of such Vet
eran to perform the duties of the posi-
ton to which he asks reinstatement or
unemployment. In the case of all other
governmental units mentioned in Sec
tion of this subtitle, the Civil Serv-
ice Commission, or individual or body
having similar powers and duties In any
governmental unit having such a Civil
Service Commission or other individual
or body with similar powers and duties
shall determine the qualifications of
Second World War Veterans seeking re-
instatement or unemployment by such
governmental unit, or If there be no
such Civil Service Commission, or indi-
vidual or body having similar powers
or duties In any governmental unit, the
appointing authority involved or such
agent or agency as the appointing au-
thority may designate by resolution, OF
other appropriate action, shall deter
mine such qualifications.
-. The reclassifcation, remaining or
upgrading of any position left by a
Second World War Veteran to enter the
armed services shall not affect the right
OF such Veteran to reinstatement, Ii he
is eligible for reinstatement Under the
provisions of this Act, provided he is
capable of satisfactorily performing the
duties Of said reclassified, renamed or
upgraded position, and, in case of dis
pute, his qualifications shall be deter
mined in accordance with the provis-
ions of Section IL of this Act, which
shall be literally construed in favor of
such Veteran. If such Veteran is not
capable of satisfactorily PERFORMING the
duties of said reclassified, renamed or
to a comparable" or most compar-
able'' position in accordance with the
provisions of this subtitle.
10. A person who is not Second
World War Veteran and who is dis
placed by the reinstatement Of such a
under the provisions Of this subtitle,
shall be offered another comparable po--
sition by the State or Governmental
unit involved, wherever possible. Where
no such position is available, such dis
placed civilian shall be entered on an
with seniority, and shall be entitled to
displace other employees with less
seniority ION said list, who are not
Second World War Veterans, any Merit
rule to the contrary notwithstanding.
Such displaced civilians shall remain on
such lists for period of one year, and
appropriate vacancies shall be hiled
from said lists, according to seniority,
during said period OF time.
who left elected public Office to enter
the armed forces shall not be deemed
to have finally vacated his office, but
shall be considered to have been on
leave Of absence, and he returns
prior to the expiration of the term for
which he was elected, he shall resume
the duties Of such Office. provided ne is
physically and mentally. qualified to
execute such office and gives notice IN
writing Of his intention to resume MS
the chief officer of the governmental
sub division involved, as the case may
be, within the period Of time provided
in subsection S(b) of this subtitle,
and n tby dSes dsya FROM the es
piration Of such period specified In said
sub section 9{b.
10. It is the intent of this Act that
all Second World War Veterans who
left public employment in Maryland to
enter military service shall be restored
to the position which they left, or to
comparable one, If 1t is possible to do
this, and in order to carry out this pur-
pose, the provisions Of this Act are to
be literally construed In favor OF sucn
is. A Second World War Veteran en-
titled to reinstatement or to re-employ-
ment shall receive the position to which
he is entitled within thirty 600 days
after his application has been filed with
the proper authority, or In case OF as
pute, within thirty (30) days after his
right to such position has been hnally
established. Such reinstated or re-em-
ployed Veteran shall be paid from the
date he assumes the duties of such po-
sition, or If he has established his right
to such position after dispute, his pay
shall begin thirty 1907 days after he
files his application with the proper
authority: Failure to- accept within
ment or of a comparable position, shall
deprive any Second World War Veter-
an of his rights to reinstatement or re-
employment under this subtitle.
II. In the case of any Second World
War Veteran who was State employee,
either classified or unclasslned, the
State Employment Commissioner shall
determine whether the position which
he left to enter the armed services was
a temporary position; in the case Of any
Second World War Veteran who was
an employee of another governmental
unit, such determination shall be made
by the Civil Service Commission there
OF, or other person or body therein
having similar powers or duties, and II
any governmental unit has no o.
Service Commission, or other
body having similar powe:
such determination shall ~
the appointing authority l. -:
10. Second World War Veteran,
who shall feel aggrieved by the action
or refusal to act Of the State or other
governmental unit In any case involv-
ing rights or privileges granted to
such Veteran by this subtitle, shall
rfrhA IN In.