GOVERNOR'S VETO EXPLANATION (March 27, 1995)

Pursuant to § 6 of Article V of the Constitution of Virginia, I am vetoing Senate Bill 896, which is attached hereto.

This legislation redefines the scope and status of state employees who are exempt from the provisions of the Virginia Personnel Act. Since creation of this employment status during the administration of Governor Robb, these state employees have been variously referred to as "patronage bill employees," "643 employees," and, most recently, "776 employees."

In the form in which it has been returned to me, this bill would conflict with the provisions of House Bill 2194, which I approved while offering amendments that were accepted by the General Assembly at the Reconvened Session.

My amendments to House Bill 2194 reduced the number of exempt employees to a number that is actually significantly lower than the number who would be exempt under this bill. This salient fact has been consistently overlooked or misstated in public discussion concerning this legislation, and therefore many state employees may be unaware of the importance of House Bill 2194.

In fact, with the enactment of House Bill 2194 as amended at my request, there are now fewer state employees who are exempt from the protections of the Virginia Personnel Act than at any time since the enactment of Senate Bill 643 under Governor Robb dramatically expanded the number of exempt employees.

Accordingly, I am vetoing this bill in order to permit the more far-reaching reform contained in House Bill 2194 to take effect.

GOVERNOR'S RECOMMENDATION

1. Page 1, enrolled, the second line of the title, after the word adding

strike

sections numbered 2.1-114.5:7 and

insert

a section numbered

2. Page 1, enrolled, the second line of the enactment clause, after the word adding

strike

sections numbered 2.1-114.5:7 and

insert

a section numbered

3. Page 3, enrolled, at the beginning of the fifth line

strike

all of subdivision 3, through and including the first line of page 4

4. Page 6, enrolled, at the beginning of the tenth line

strike

all of § 2.1-114.5:7

5. Page 7, enrolled, at the beginning of the second line of subdivision 17,

strike

and

6. Page 7, enrolled, at the end of the last line of subdivision 18, after § 2.1-114.5:1,

strike

. (the period)

insert

, and

7. Page 7, enrolled, after the last line of subdivision 18,

insert

19. In executive branch agencies the employee who has accepted serving in the capacity of chief deputy, or equivalent, and the employee who has accepted serving in the capacity of a confidential assistant for policy or administration. An employee serving in either one of these two positions, shall be deemed to serve on an employment at will basis. An agency may not exceed two employees who serve in this exempt capacity.

8. Page 7, enrolled, the third line of subsection A of § 51.1-126.2, after the words "eligible position" means

strike

(i) an exempted position as defined in subdivision C 3 a of § 2.1-114.5:1 or a position designated in subdivision 3

insert

a position designated in subdivision 3 or 19