|
horse and wagon through this proviso;
that it has so many exceptions, and it
amounts to what Delegate Scanlan calls a
platitude.
DELEGATE JAMES (presiding) : Dele-
gate Sherbow.
DELEGATE SHERBOW: I will ask the
Chair to rule whether this is debate or
questions for clarification. We stay here
until 8:00 or 10:00 or 11:00 P.M. at night
too much. Too much of the time is spent in
debate when it is supposed to be for clari-
fication. That is why we are here until
8:00 or 9:00 P.M. at night.
(Applause.)
DELEGATE JAMES (presiding) : The
gentleman is correct. This is strictly a ques-
tion period.
Delegate Dukes.
DELEGATE DUKES: Delegate Willo-
ner, both Judge Dorsey and I would like to
know whether judicial conferences would
be a public meeting unless covered by
statute.
DELEGATE WILLONER: No. That is
why the word "proceeding" is used, be-
cause that is a word that has a judicial
history of formal court proceeding. Re-
gardless of what the legislature did the
legislature could not open up those pro-
ceedings. I would like to know what goes
on in judicial conferences.
DELEGATE JAMES (presiding) : Dele-
gate Hopkins.
DELEGATE HOPKINS: Would the word
"record" be interpreted to apply to aca-
demic records of students in the state col-
leges and public school system?
DELEGATE WILLONER: I will read
you what the law in Maryland is now:
"The right to inspect public records
or certain classes of records kept by a
public official as a necessary part of his
duty, has been held a right guaranteed
by common law, the common law prin-
ciple being that any public record was
open to an unqualified inspection. Man-
damus is considered to be an appropriate
'"course of action to enforce the production
of public records for inspection and pri-
vate persons may avail themselves of
this power without the need for interven-
tion by a government law officer.
"The question of an individual's right
to inspect a record depends upon two
basic requirements: First, the individual
|
must have sufficient interest in the rec-
ords or information and, second, that the
records not be of such a nature that the
record not violate the law or public
policy."
It is my opinion that it would violate a
public policy to open up academic records.
DELEGATE JAMES (presiding) : Dele-
gate Mason.
DELEGATE MASON: I would like to
know if collective bargaining negotiations
would be open to the public.
DELEGATE WILLONER: Collective
bargaining negotiations between private
parties is not a subject for this Convention
to address itself to at all. This is a limita-
tion on the State, not on private individ-
uals.
DELEGATE MASON: I am speaking
about collective bargaining negotiations be-
tween public employees.
DELEGATE WILLONER: And the
State?
DELEGATE JAMES (presiding) : Dele-
gate Willoner.
DELEGATE WILLONER: I would have
to frankly say that this was a question
that was never discussed in committee. As
a matter of fact, as you well know, our
Committee did not report out something on
labor, so perhaps it was not discussed.
I would have to say this: I would think
the legislature would be wise in protecting
this area, because I think it is something
that the public has a definite interest in.
It is something that affects us, all of us,
and yet it would involve the personnel
aspects.
Now, I would have to say that it would
fall under that category of areas where
you are discussing personnel matters, and
it would be covered under provisions such
as that.
DELEGATE JAMES (presiding) : Dele-
gate Marion.
DELEGATE MARION: Delegate Willo-
ner, since we have already provided in the
constitution in section 5.27 that proceed-
ings before the commission on judicial dis-
abilities shall be confidential, should not the
exception in the last phrase of the amend-
ment which you propose read "except as
otherwise prescribed by this constitution
or by public general law"?
DELEGATE WILLONER: I think you
are well aware of the principle that the
|
