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have is that I cannot see how a legislative
body can sit down and write with language
a code of ethics that will become kind of
penal in character. They can do it with a
conflict of interest statute, I have no prob-
lem there, but how do you do it across the
broad breadth of elected state officials in
Maryland?
THE PRESIDENT: Delegate Gallagher.
DELEGATE GALLAGHER: I think the
General Assembly has gone part of the way
when it sets up a committee in each branch
of the General Assembly to police ethical
conduct. I do not think it has gone far
enough, however, because it has not stated
what does constitute specifically by way of
action or interest or non-disclosure, as the
case may be, the acts or the items which
either are considered to be ethical conduct,
or unethical conduct. So specifically, I would
say that the General Assembly has begun
to comply with this conflict of interest pro-
vision, but has not yet fully done so.
THE PRESIDENT: Delegate Gallagher.
Delegate Gleason, could I interrupt your
question to suggest a question that I think
might clarify it?
If I understand your previous answers,
you are suggesting that the purpose of the
amendment is to make it clear that the
General Assembly by law shall prescribe
a code of ethics which would be analogous
in style, at least, to say the canons of
ethics adopted by the American Bar Asso-
ciation with respect to lawyers or the
canons of judicial ethics, adopted with re-
spect to judges, statements of proper and
improper conduct, but that it is also con-
templated that the General Assembly, by
law, provide for an ethics board, for in-
stance, to render interpretative decisions,
or to decide questions of doubt as to
whether particular conduct is or is not a
violation of the canons or even to issue
regulations to enforce the code of ethics;
is this in essence what is contemplated?
DELEGATE GALLAGHER: Yes, sir. I
believe that is an accurate description. I
should say further when the General As-
sembly sets up an ethics committee in each
of the houses of the General Assembly for
itself, it is only covering some of the elected
officials, namely, themselves, and not all
state-elected officials.
THE PRESIDENT: Delegate Gleason,
do you have any further question?
DELEGATE GLEASON: My only con-
cern, Mr. President, and I say this to the
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Chairman, is that I just cannot visualize
myself having looked over rather carefully
in the past federal statutes on conflict of
interest, and how a statute handles this
problem. I presume there is some method
by which this can be done, and I supported
this particular provision in the Committee,
and I support it on the floor, and I am
anxious that it not be watered down my-
self. But you know there is just a minimum
standard that a General Assembly could
meet to meet that standard, and I think we
may be hurting ourselves rather than help-
ing ourselves, and that is the reason I
raised the question.
THE PRESIDENT: Delegate Boyles.
DELEGATE BOYLES: I would like to
ask Chairman Gallagher a question, please,
if I may.
THE PRESIDENT: Delegate Gallagher,
do you yield to a question?
DELEGATE GALLAGHER: Yes, sir.
THE PRESIDENT: Delegate Boyles.
DELEGATE BOYLES: Is the intent of
this section to provide a code of ethics for
state officials and regulation of conflict of
interest for elected officials, or would both
the code of ethics and regulations of con-
flicts apply only to elected state officials,
not appointed?
THE PRESIDENT: Delegate Gallagher.
DELEGATE GALLAGHER: Your latter
phrase is correct. Both of these sections
apply only to elected officials of the State
of Maryland.
I might say that part of the recommenda-
tions made by Senator Dorsey's subcom-
mittee of which these rules both applying
to the House and Senate have been referred
to, also covers conflict of interest for em-
ployees of the executive department. So
there has been some attention already paid
to another branch of the government.
THE PRESIDENT: Delegate Bennett,
do you desire to be heard?
DELEGATE BENNETT: Well, Mr.
President, in essence, Mr. Gallagher has
answered my question. I was wondering
whether this should apply only to elected
officials and whether appointed officials
should not be included in this, if we knock
out the word "elected". You will remember,
Mr. Gallagher, under the Kefauver code of
ethics an appointed official could accept a
ten-pound ham, but he could not accept a
12-pound ham. Do you not think that this
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