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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1289   View pdf image (33K)
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[Nov. 28] DEBATES 1289

balances are definitely important and are
valuable to all of us.

Another idea that I had received is that
we have heard often that we need ombuds-
men to act as representatives of the people
in relation with government. I submit that
we have just such an ombudsman in fiscal
matters in the person of the comptroller.
Taxpayers with a problem can pinpoint re-
sponsibility easily and find answers rapidly.

I contend that the two party system in
our State benefits from having the three
top officials elected. I believe that the voters
in the last election would have been very
reluctant to vote for a governor from the
minority party if they had been handing
over to him the full state government in
one package.

Finally, I do not believe that we should
give the governor absolute powers. I do
believe we should strengthen his hand, as
we will be doing, I am certain; but please
help me retain the comptroller as an elected
official.

DELEGATE J. CLARK (presiding) :
The Chair recognizes Delegate Adkins.

DELEGATE ADKINS: I yield five min-
utes of the Committee's time to Delegate
Mauer.

DELEGATE MAUER: Mr. Chairman
and Ladies and Gentlemen:

Under Article VI of the present Consti-
tution the department of the treasury is
headed by a comptroller elected by the
people and a treasurer elected by the legis-
lature. The comptroller keeps the accounts.
The treasurer is responsible for the cash;
but there was a third element, inspection
of the records of both the comptroller and
the treasurer, by the governor under Arti-
cle II, section 18; and this created, in ef-
fect, a troika within the executive branch
to handle finances.

When this section 18 was debated in the
1867 Convention, it was questioned, accord-
ing to the Baltimore Sun, by Mr. Brown
of Baltimore City who thought that this
provision could not be carried out unless a
governor was always elected who was a
competent bookkeeper.

The receipts and disbursements of the
State of Maryland amount to $3 million
per annum and a thorough examination
such as is here contemplated would occupy
the governor all this time.

Well, the section did pass, and it is
honored in the breach because today we

have a budget of $1 billion, not $3 million.
We have 38,000 State employees, not 500.
And the old structure is not workable.

In fact, the governor for some time has
appointed a state auditor who, under the
supervision of the comptroller, audits the
accounts of the State set up by the comp-
troller.

This Convention in one of its first ac-
tions very wisely transferred the post-
audit function to the General Assembly.
The post-audit function carried out by an-
other branch of government is a true pro-
tection of the people. It is a deterrent of
major proportions, not a mere after-the-
fact report.

Taking post-audit out of the executive
branch is just the first step in modernizing
the executive, and now we must take the
next step, and that is to make sure that
the ability to plan, to present, to implement
the administration program is within the
capability of the chief executive.

The next step, fellow delegates, is to
make the chief fiscal officer responsible to
the chief executive. I urge this Conven-
tion to unshackle our state government. I
urge this Convention to modernize and
strengthen the executive branch, to parallel
the improvements in the legislative and
judicial branches which have been made
already.

I urge you to vote against the minority
amendment.

DELEGATE J. CLARK (presiding) :
The Chair recognizes Delegate Sybert.

DELEGATE SYBERT: Mr. Chairman,
I yield two minutes of the minority time to
Delegate Stern.

DELEGATE J. CLARK (presiding):
The Chair recognizes Delegate Stern.

DELEGATE STERN: This talk is
equating the executive officer of the State
with the executive officer of a corporation,
and I submit that this comparison cannot
be made because the purpose would be too
different. The purpose of an operation of
a business is to make a profit. The purpose
of the government is to serve the people.

In serving the people we do not look at
the bottom line of the financial statement
as we do in business, to see how well the
governor or the chief executive officer has
done. In serving the people, the people ask
that they be represented completely through
the executive branch. Business has seen
of late that it is necessary to expand its

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1289   View pdf image (33K)
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