MARVIN MANDEL, Governor                        2749

functions. Section 8(b) defines a public body as one
that exercises these three functions or executive,
judicial, or quasi—judicial functions. Presumably, then,
all public bodies exercising any of the six functions
mentioned in section 8(b) — which I believe would be all
public bodies — would be subject to the bill, but only
when they are actually exercising a legislative,
quasi—legislative, or advisory function.

Under the definition of "legislative function" it
appears that the General Assembly and the various county
and municipal councils and commissioners would be
included under the bill in nearly all, if not all, of
their activities. The definition of "quasi—legislative
function" in § 8(g) would include all executive and
judicial agencies when discussing rules, budgets, and
contracts, as wall as specifically the Public Service
Commission when considering public utility rates. The
definition of "advisory function" in § 8(k) would seem to
encompass all advisory, study, nominating, and
recommendatory bodies that otherwise meet the definition
of "public body".

Section 14, titled "Enforcement", provides remedies
for violations of sections 10 (open meetings) and 12
(notice of meetings), but not section 13 (written
minutes). It permits any resident (or aggrieved
taxpayer) of the jurisdiction in which a violation
occurred to commence a proceeding in the Circuit Court
within 45 days after the violating action took place.
The Court is authorized to determine the applicability of
the bill to the action complained of, and is empowered,
subject to four exceptions, to declare void any final
action taken at a meeting held in violation of section
10, and any final action taken in wilful violation of
section 12. The four excepted actions are the
appropriation of public funds, providing for the issuance
of bonds, levying taxes, and changing the laws relating
to divorce a vinculo matrimonii.

I am advised by the Attorney General that the
authority to declare an action void may apply even when
the final action itself was taken at a public meeting, if
the matter was discussed at a prior closed meeting held
in violation of $10 but in close time proximity to the
public meeting.

My most serious objections are to this "voidability"
provision, as the effect of its very existence in the
law, not to mention its implementation, will, in nearly
every case, be to injure innocent persons depending upon
or acting in reliance on official actions. If a
legislative body enacts a statute or ordinance, or an
executive agency adopts a rule, the public will (and is
entitled to) rely upon it. That reliance may cause them