|
sidering the separate sovereignties of the
separate units of government, is to be able
to ask for whatever information they may
have within their knowledge, and if they
do not have the information, I am not sure
that even under this provision they would
be required to incur any major expenses
to secure the information.
I think that the word is simply informa-
tion, and it has to be taken in the context
of the relationship between the separate
sovereignties, and that is merely to pro-
vide information that they have available.
THE CHAIRMAN: Delegate Morgan,
do you have a further question?
DELEGATE MORGAN: It is true, Dele-
gate Sickles, that section 4.25 says, "the
governor may at any time require informa-
tion in writing or otherwise." It seems to
me that that really almost forces the gov-
ernor to impose certain standards on the
local subdivisions of government, of keep-
ing records of this, that and the other
thing, and I really think that it will im-
pose substantial expenses on local govern-
ment.
THE CHAIRMAN: Delegate Sickles.
DELEGATE SICKLES: Inasmuch as we
have a uniform system of accounting al-
ready, I am not concerned about using this
device to establish that kind of uniformity.
I am using this device in order to secure
information which is within the knowledge
of respective units of government, but not
to require them to go out and make studies
in order to secure this knowledge.
THE CHAIRMAN: Are there any fur.
ther questions?
Delegate Adkins.
DELEGATE ADKINS: Delegate Sickles,
would you undertake to provide a definition
for me of what you mean by "officer"?
THE CHAIRMAN: You mean in line 6
of the amendment?
DELEGATE ADKINS: Yes, in line 6 of
the amendment.
THE CHAIRMAN: Delegate Sickles.
DELEGATE SICKLES: I would assume
that this would be the classic distinction
between officer and employee and as you
probably know better than I the whole line
of cases which bear on that. I would not
want to confuse the matter more as to who
are officers and who are employees. It
means those who are elected and key ap-
|
pointive officials and who the courts have
determined by a series of cases are either
officers or appointees.
DELEGATE ADKINS: Could the gov-
ernor go beyond an elected county council
and require people in that county council
to give him information over and above the
objection of the county council?
THE CHAIRMAN: Delegate Sickles.
DELEGATE SICKLES: I would assume
that the employee would be governed by
the terms of his employment and if the
county council forbade him, he would not
have the authority to do it despite what it
says here. I assume that that would be a
proper interpretation.
DELEGATE ADKINS: I think that is
an interesting interpretation.
If that is proper, I would have less ob-
jection, but I frankly do not see how you
can maintain that. At any rate, you have
answered the question.
THE CHAIRMAN: Are there any fur-
ther questions of the sponsor?
Delegate Freedlander.
DELEGATE FREEDLANDER: Mr.
Chairman, I would like to direct a ques-
tion to Delegate Sickles.
THE CHAIRMAN: Proceed.
DELEGATE FREEDLANDER: The
Committee on Local Government has pre-
pared a resolution asking that there be
established by the General Assembly a de-
partment of local affairs to assist the coun-
ties in the establishment of their home rule
and other affairs.
If such a department is provided, would
that not come under the article as it is
now written?
THE CHAIRMAN: Delegate Sickles.
DELEGATE SICKLES: I am not sure
I understand the last part of your ques-
tion.
THE CHAIRMAN: She says if such a
bureau or department is established, would
it then be covered under section 4.25 as it
is in the committee recommendation with-
out the amendment.
Is that your question, Delegate Freed-
lander?
DELEGATE FREEDLANDER: Yes.
THE CHAIRMAN: Delegate Sickles.
|
