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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2490   View pdf image (33K)
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2490 CONSTITUTIONAL CONVENTION OP MARYLAND [Dec. 15]

Delegate Weidemeyer.

DELEGATE WEIDEMEYER: Mr.
Chairman, I wish to speak in opposition
to Amendment No. 24 as drafted, and wish
to speak in favor of 24-A as a substitute
therefor.

THE CHAIRMAN: The question is now
on the adoption of Amendment No. 24-A.
Does any person desire to speak in oppo-
sition to Amendment No. 24-A?

Delegate Willoner.

DELEGATE WILLONER: Mr. Chair-
man, this body for the last two days has
had about as much misinformation about
the law as I have ever heard, but we con-
tinue to practice this morning.

We have a common law right to records.
It is a part of the common law of Mary-
land. This provision it seems to me, abol-
ishes the common law right, and leaves it
exclusively in the hands of the General
Assembly.

I contend that this is a step backward,
and frankly is not the issue at issue. It is
Mr. Kiefer's attempt to kill this thing by
putting in something that does not mean
anything. He does not mention anything
about the meeting aspects, which is what
we are trying to get at.

I would suggest we would be better off
without anything than to have this
provision.

As to the complaints he has with respect
to Amendment No. 24, I should point out
that when our founding fathers met in
Philadelphia they came up with the
language :

"No law shall be made respecting an
establishment of religion or prohibiting the
free exercise thereof."

For example, does that permit Mormons
to have more than one wife, because you
did not pass a law prohibiting the free
exercise of religion? Why, my God, this
house would have crumpled.

Does that permit Mormons to have more
than one wife? I hope we have reasonable
men in the courts who will interpret it.

This has been interpreted. It has been
given a more restrictive meaning than I
would like, but to worry about what this
does is just not a sound worry. Let us not
be so afraid to adopt a new concept.

THE CHAIRMAN: Delegate Cardin.
DELEGATE CARDIN: Mr. Chairman,
if possible I would like to ask a question
of Delegate Willoner.

THE CHAIRMAN: Delegate Willoner,
do you yield to a question?

DELEGATE WILLONER: I would yield,
Mr. Chairman.

THE CHAIRMAN: Delegate Cardin.

DELEGATE CARDIN: Under the ter-
minology of your Amendment No. 24, would
it be possible for your state government,
now that we have given it the right to
collective bargaining, to go into closed ses-
sion with the labor union if they wish, or
would they be forced to stay open since I
do not think that would qualify as an
executive session?

THE CHAIRMAN: Delegate Willoner.

DELEGATE WILLONER: In answer to
the question, I have to admit we had some
difficulty with it because when this was
written, it was not part of the law of
Maryland. My feeling would be that it
would come under an exception; that this
would involve personnel matters and salary
matters, and therefore the provision would
open these up, but the legislature could
cover it as is in the suggested statute.

This would be an area in the personnel
matter that would be proper to close. In
my opinion the provision provides for it.
In three years the legislature would have
a right to take care of the matter and it
would be covered in the proposed statute
we have given for consideration.

THE CHAIRMAN: Delegate Willoner's
time has expired.

Delegate Cardin.

DELEGATE CARDIN: I would like to
speak for Amendment No. 24-A.

THE CHAIRMAN: The Chair will rec-
ognize you after recognizing Delegate
Weidemeyer.

DELEGATE WEIDEMEYER: Mr.
Chairman and members of the Committee,
Delegate Miller raised the question, and
I want to clarify my question, because
every member of our Committee is very
sympathetic and favorable to the right to
know; therefore, when the Committee could
not act on the matter, the minority brought
the subject up before the Committee of the
Whole.

However, 24-A is the amendment or pro-
vision which I had drafted, or prepared for
our Committee, because it is a matter of
approach.

The 24th amendment opens the flood-
gates to everything, and forces the legis-
lature to pass closing-door enactments that



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2490   View pdf image (33K)
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