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might conceivably be times when matters
which are even now presently under the
jurisdiction of the Board of Public Works,
might require some type of executive ses-
sion. I too am in favor of having the pub-
lic's business transacted in public, but
sometimes in an orderly process of carrying
out some of the business there might be a
time when the executive session would be
required. I think this matter should clearly
be left to the legislature to draft the neces-
sary legislation to cover it.
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: I do not know,
Mr. Chairman, of any meetings of the
Board of Public Works that have been held
in executive session, and I cannot particu-
larly see any requirement. I personally
would just as soon leave it to the General
Assembly or put it in the constitution. It
makes no difference to me.
THE CHAIRMAN: Just so that we know
where we are so Delegate Sherbow will
know what to do, will you indicate whether
you are standing on your language or
changing it. Delegate Morgan.
DELEGATE MORGAN: I believe, in
view of my vice-chairman's disagreement
with it, I will have to withdraw my agree-
ment with it.
THE CHAIRMAN: Delegate Sherbow,
your suggested amendment is not accepted.
Do you desire to move it?
DELEGATE SHERBOW: Yes. I desire
to move the amendment, sir.
THE CHAIRMAN: Please state the
amendment.
DELEGATE SHERBOW: I do not know
where to put it in at this point, but I will
offer it in this form subject to change by
the assembly.
THE CHAIRMAN: The Chair would
have to state it. I will read the language
to you. You can tell me what your amend-
ment would be. The sentence as it is now
written in the amendment is as follows:
"The Board shall act by majority vote,
shall hold its meetings or otherwise act
in such manner and have such powers as
the General Assembly may prescribe. " Dele-
gate Sherbow.
DELEGATE SHERBOW: I would like
to move to amend that we insert after the
words, "they shall hold their meetings, "
add the two words, "in public".
THE CHAIRMAN: Is the motion sec-
onded?
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(The motion was seconded. )
THE CHAIRMAN: It is regularly
moved and seconded that the words, "in
public, " be inserted after the word, "meet-
ings".
Delegate Sherbow, the Chair recognizes
you to speak to the amendment.
DELEGATE SHERBOW: I shall speak
very briefly. If you are going to have a
Board of Public Works, and it is going to
have its meetings, and if they are not in
public, you do not need a Board of Public
Works. The meetings should be in public.
The meetings should be where the people
can know before the decisions take place,
not afterwards. Its fundamental reason for
existence is that the people be given an
opportunity to stay the hand of the execu-
tive officers before the decisions are made.
For that reason these meetings should be,
must be by law in this constitution stated
to be in public.
THE CHAIRMAN: Is there any further
discussion on the amendment? Delegate
Case.
DELEGATE CASE: Mr. Chairman,
ladies and gentlemen of the Committee of
the Whole: Much as I hate to disagree with
the Chairman of my Committee, the Honor-
able Judge Sherbow, in this particular in-
stance I think that he does not have com-
mand of all of the facts.
There are cases, and there are quite a
few cases when the Board of Public Works
must act and does act without a formal
meeting, but with a telephone poll of mem-
bers or other procedures. Let me give you
one example that took place some years
ago.
A very substantial bond sale had been
set up by the State for a number of weeks.
On the day of the sale the fiscal experts
were gathered in Annapolis, they were
able to get here but there was a big snow
that day, and some of the members of the
Board of Public Works could not be here.
They were available on the telephone. What
happened was that the bids for the bonds
were received. They were found to be in
order by counsel. Fiscal experts advised
one member of the Board who was here
that it was permissible to accept the bids.
A telephone poll was taken of the other
absent members, and their concurrence was
obtained in that way. This is just one ex-
ample of how the Board of Public Works
sometimes has to function rapidly and yet
not function in public.
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