Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1945-08-02
PUBLIC GENERAL LAWS

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 re employment 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 &C such
agent or agency as the appointing au-
thority may designate by resolution. or
other appropriate action, shall deter
mine such qualifications.
~ The Reconsideration. remaining or
upgradlng 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 if 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 he literally construed in favor of
such Veteran. If such Veteran is not
capable of satisfactorily performing the
duties OF said reclassified, renamed or
upgraded position, he shall be entitled
TO a comparable" or most cOmpar-
able" position in accordance with the
provisions of this subtitle.
10. A person who is not a Second
World War veteran and who is dis
placed by the reinstatement of such n
Veteran with equal or greater seniority.
under the provisions of this sub title,
shall be offered another comparable po-
siti0n . by the State or Governmental
unit involved. wherever possible. Where
no such position is available, such dis
placed civilian shall be entered on an
appropriate eligible list. in accordance
with seniority, and shall be entitled to
displace other employees with less
seniority on said list, who are not
Second World War Veterans. any Merit
System, Civil Service System. law or
rule to the contrary notwithstanding.
Such displaced civilians shall remain on
such lists for n period of one year. and
appropriate vacancies shall be filed
from said lists, according to seniority.
during said period of time.
a. A Second World War Veteran
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 if he returns
prior to the expiration of the term for
which he was elected. he shall resume
the duties of such office. provided he is
physically and mentally qualified to
execute such Office and gives notice in
writing of his intention to resume his
office to the Governor of the State or
the chief officer of the governmental
sub division involved, as the ease may
be, within the period of time provided
in sub section sob, of this sub title,
and actually does resume such office
within thirty 600 days from the ex-
piration of such period specified in said
subsection Slbl.
Is. 1t is the intent of this Act that
all Second World War Veterans who
left public employment in Maryland ~
enter military service shall be restored
to the position which they left, or TO a
comparable one, If it is possible to do
this, and in order to carry out this pur-
pose. the provisions of this Act are 10
be literally construed in favor Of such
persons.
TO- 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 800 days
after his application has been filed with
the proper authority. or in case of dis
pute, within thirty 600 days after his
right to such position has been finally
established Such reinstated or e-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 800 days after he
files his application with the proper
authority. Failure to accept within
thirty 800 days an offer OF reinstate-
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 a State employee.
either classified or unclassified, the
State Employment Commissioners 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 male
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 Civil
Service Commission, or other person or
body having similar powers and duties.
such determination shall be made by
the appointing authority involved.
IS. A Second World war veteran,
who shall feel aggrievcd'by the action
or refusal to act of the State or other
governmental unit in any case lnVolV-
ing; rights or privileges granted 30
such Veteran by this sub title. shall
have the right TO appeal to the Circuit
Court of the County having 1urlsdlc-
tion of the governmental unit involved,
or to the Superior Court of Baltimore
City If the State Employment Commits :
lsioner is involved. or if the Courts or
Baltimore City have jurisdiction of the
governmental unit involved, and in case
more than one court shall have 1uris-
dictiOn of any governmental unit, the
appeal may be taken to any court nav
ing jurisdiction. Such appeal shall be
taken within thirty 800 days OF the
action or refusal to act complained or.
Il naI ln M
intervention of a jury, shall hear the
case "de novo', and shall fuily deter-
mine the rights of the complaining
Veteran and pass an appropriate order.
From the Order OF the lower court IN
any such case, there shall he an appeal
to the Court of Appeals by either the
Veteran or the State, or other govern :
mental unit involved. Such appeal shall
he taken in thirty 800 days from the
date of the order of the lower court
and the Court of Appeals may review,
upon both the law and the evidence,
iproyided that the Order of the trial
court shall not be set aside on the evi-
idence, unless clearly erroneous. and due
regard shall be given to the opportunity
Of the trial court to judge OF the credl :
bility OF the witnesses. Such appeals
shall be heard on the original papers
the exhibits, and a typewriter trans
criPt OF the testimony taken III inc
lower court, and typewriter brlefs may
be filed by counsel. The Court OF APP
peals may affirm. reverse or modify the
Order appealed from, or remand WIN
out afirmance or reversal. or for such
further action by the lower court as it
may indicate.
II any Second World War veteran
seeking court relief, as this Section pro-
vided, shall apply to the Judge of the
lower court having jurisdiction of his
appeal the Judge shall assign counsel
to such Veteran without cost to him.
No court costs shall be assessed against
any Veteran seeking court relief as In
this Section provided.
That II any provision of this Act. or
the application Of any such provision,
to any person or circumstance shall be
adjudged or held by any court OF com
potent Jurisdiction to be invalid, the re-