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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1308   View pdf image (33K)
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1308 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 28]

wanted to get straight whether you agreed
with that or not.

Thank you very much.
THE CHAIRMAN: Delegate Sickles.

DELEGATE SICKLES: With respect
to your response to Delegate Robey con-
cerning the practice we have had in this
State of allowing a gentleman who is a
member of a banking firm to hold this of-
fice, your answer was that we should not
give up this experience. I think I would
go along with this, that we have, as you
indicated, and I quote you, "you said we
should have an experienced man of honor
and trust. I assume that we want a paragon
of honesty and I think the incumbent cer-
tainly is and I will not quarrel with any
of the treasurers that I have known about;
I assume that they are.

I wonder if we do not establish a prin-
ciple in that we allow a public servant
handling state funds to put the funds in
his bank and then we allow him to par-
ticipate in awarding contracts. If we allow
the first principle to stand, then isn't the
necessary result of that principle that a
contract could be awarded to one of the
members of the board or to a firm in which
they have an interest, because the prin-
ciple seems to be that it is all right to have
the State doing business with a firm of the
officer involved.

DELEGATE JAMES: If the treasurer
deposits funds pro-rated on a non-discrimi-
natory basis in qualified banks, and I un-
derstand that this is what is done, there
is no favoritism and why should a person
be discriminated against just because he
is in public office? This is the vicious thing
I am against, disqualifying a man because
he happens to have certain private inter-
ests.

THE CHAIRMAN: Delegate Sickles.

DELEGATE SICKLES: I do not mean
to belabor that point, but I do not think
the response goes to my basic question,
mostly to the impression that is created.

I would assume they would not give con-
tracts to themselves. I have no evidence
that they have. I think you have estab-
lished the principle —

DELEGATE JAMES: I do not think
this principle has been established. I am a
member of the legislature and I am a prac-
ticing member of the bar. The question is,
should I as a member of the bar accept any
legal work, no matter how small a per-

centage from the State, because I am a
member of the legislature.

The attorney general's rule is perfectly
proper. Should any person in public office
almost avoid any contact with government
simply because he is in public office. This
is a broad question.

THE CHAIRMAN: Delegate Sickles.

DELEGATE SICKLES: It did raise an-
other question in my mind. Was there not
some practice for some time of awarding
insurance commissions to members of the
state legislature for no services performed?
Was that not actually within the discretion
of the state treasurer to make that award?

THE CHAIRMAN: Delegate James.

DELEGATE JAMES: It is under the
Board of Public Works; I believe the state
treasurer. I think you are right. It is not
on the basis of a formula as I understand
it. It is awarded to people who are in the
insurance business on the basis of total
volumes of insurance they write in the
State and then I think they get the per-
centage which the total volume of their
work bears to the total percentage.

I think that is the way it is done.
THE CHAIRMAN: Delegate Sickles.

DELEGATE SICKLES: Do you think
this is a desirable practice of the state
legislature for no work performed?

THE CHAIRMAN: Delegate James.

DELEGATE JAMES: I am not defend-
ing them.

THE CHAIRMAN: Delegate Sickles.
DELEGATE SICKLES: Thank you.
THE CHAIRMAN: Delegate Raley.

DELEGATE RALEY: Senator James,
something that has concerned me is the
setting up of the duties of the treasurer.
You have the treasurer investing state
funds, you have the Board of Public Works
selling bonds, you have the comptroller
managing the finances, and this has always
given me some difficulty about this lack of
coordination and management. I know that
you have probably given some thought to
this.

What do you consider would be the duties
of the treasurer in coordinating some of
these activities that are so very multiple
which can lead to some serious problems?

I would like to know if we put in the
the constitution that there is going to be

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1308   View pdf image (33K)
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