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3856
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VETOES
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the Governor or the Chief Executive of a local
jurisdiction."
Certainly, one cannot quarrel with a prohibition
against a governmental agency maintaining records about
individuals that are not relevant or necessary to an
authorized governmental function of the agency. However,
the language used in this new section is, I believe, far
more restrictive than is either necessary or desirable to
achieve the objective of the section.
As I read the section, information may be kept about
a person only if:
(1) the information is relevant and necessary to
accomplish a purpose of the agency; and
(2) that purpose is required to be accomplished by
(i) statute, (ii) Executive Order of the Governor, or
(iii) Executive Order of the Chief Executive of a local
jurisdiction.
This second requirement raises several problems.
First, there are at least three agencies that must
keep records about individuals to achieve a proper
governmental purpose that is not required to re achieved
either by statute or executive order. These are:
(1) The Commission on Judicial Disabilities, whose
creation, authority, procedures, and purpose are provided
for by Article IV of the Constitution and by Rule 1227 of
the Court of Appeals;
(2) The Attorney Grievance Commission, whose
creation, authority, procedures, and purpose are provided
for solely by the BV Rules of the Court of Appeals; and
(3) The Client Security Trust fund, whose
creation, authority, procedures, and purpose are provided
for solely by Rule 1228 of the Court of Appeals.
Although it may be that the Commission on Judicial
Disabilities cannot Constitutionally be affected by this
new section, such a result cannot be assumed; the other
two agencies, operating solely under Court rule, would
clearly be precluded from keeping records by this bill.
The State Court Administrator shares my concerns
with respect to these agencies, and has requested that
the bill be vetoed for that reason.
Second, there are many instances in the Code where
statutes authorize, but do not require, a particular
objective to be achieved by an agency. See, for example,
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