DELEGATE SCANLAN: No. I would
assume that once it was adopted by the
Convention, it would be in effect. We do
have, of course, an administrative lag to
prepare the forms, but I believe the com-
mittee intended it to be effective when this
Convention approved it.
THE PRESIDENT: Delegate Gleason.
DELEGATE GLEASON: Mr. President,
first of all I would like to complain that I
think there may be some members of the
Convention who are under the impression
that either Mrs. Gill or myself are starting
to work our influence on this Convention
because our microphone is missing. Sec-
ondly, I might ask the Chairman of the
Rules Committee to consider a hypothetical
case of a regular employee of a corporation
who is hired for public relations in the
ordinary course of his duties. Now that the
Convention is in session, the executive vice
president of that corporation tells that par-
ticular employee, to go to Annapolis and
start working his influence on a particular
aspect or a particular piece of legislation,
or proposal before the Convention.
Would such a person be included in those
engaged for a salary to promote a matter
pending before the Convention?
DELEGATE SCANLAN: Yes, he would
be, and the manner in which he would re-
port, I believe, is covered by proposed sec-
tion 5 [Appendix A], especially the second
paragraph thereof which reads "an agent
who has been engaged or hired for an addi-
tional purpose by the person, firm, corpora-
tion, association, political subdivision, or
agency of the State of Maryland, or of any
other political subdivision for whom he acts
as agent, shall report among his receipts
that part of his fee, salary, or other com-
pensation reasonably allocable for the per-
formance of his duties as agent, and shall
state the basis for the allocation."
DELEGATE GLEASON: I really wanted
a clarification of what that other purpose
was.
DELEGATE SCANLAN: If the chair
would permit, I would like Delegate Bam-
berger to further reply in the event that I
have not captured all of it.
DELEGATE BAMBERGER: I would
only add that in section l(a) [Appendix A],
the definition of an agent as a person en-
gaged or hired to lobby includes persons
engaged or hired for an additional purpose.
DELEGATE SCANLAN: So the answer
to your question, Delegate Gleason, is yes,
such a person would be covered. |
DELEGATE GLEASON: The other
question I had, if I may pursue the matter,
is whether the committee in the case of an
agent who fails to comply with the rule con-
sidered also requesting the employer of such
person to come before the committee to so
testify.
DELEGATE SCANLAN: The Conven-
tion has no power, as discussed back in
July, to subpoena anybody or to require
anyone to testify. We could invite the em-
ployer to come, and if he came to express
his own views, he would certainly be im-
mune from registration because he was not
appearing in a representative capacity. It
would be very nice, as Delegate Bamberger
and the subcommittee reminded us, if we
had the power to reach out and some way
get out those who employ the agents. I am
sure I am not letting any secrets out, but
there have been a number of organizations
that have been besieging the delegates with
full blown copies of proposed constitutions,
and other matters. It would be very nice if
we had a way of finding out just who all
these people are, what they represent, how
much money they are spending in the pub-
licity effort, but the statute is silent on
that. It gives us no powers to get there and
so I am afraid that our answer there again
is there is not much we can do about that.
As I said, maybe this is an example of a
regulation which creates a net to catch
gnats but lets the wasps go free. Mr. Bam-
berger, do you have anything else?
THE PRESIDENT: Delegate Freed-
lander.
DELEGATE FREEDLANDER: Mr.
President, and, Mr. Scanlan, under cate-
gory 8, "exceptions," would this apply to
delegates who are members of this body who
are also in their spare time or otherwise
counsel to local governments, for instance,
those who may be advising and lobbying in
their fashion in a category other than the
committee on which they would serve?
DELEGATE SCANLAN: Senator Della
raised this with us. The answer is no. If you
are a delegate to this Convention, you are
here and there is nothing more you have to
do except vote your conscience.
THE PRESIDENT: Are there any other
questions for clarification? Delegate Kiefer?
DELEGATE KIEFER: Delegate Scan-
lan, I have a letter here from an attorney
representing a commercial group or organ-
ization specifically written to me and advo-
cating a particular proposition. Would this
require registration by this particular per-
son? |
