3088

VETOES

The Constitutional and statutory history of the Board
stems from the mid 1820's. The status of the Board has
evolved from that of the implementing agency of an
affirmative program of public improvements to later becoming
a brake on the less well considered financial ventures of
the State. After the period during which the State could
not meet its obligations of principal and interest payments,
the agents of the State, and, their successor, the Board of
Public Works, were charged with disembroiling the State from
its financial obligations. Thus, under Article XII of the
Maryland Constitution, three Constitutional officers, ex
officio, are constituted as agents of the State in the
management of its public works.

The Constitution also provides that the Board has other
duties as provided by law and, pursuant to statute, the
Legislature has imposed on the Board a tremendous amount of
diverse duties. These duties place a great burden on the
Board which is composed of three officials who are already
extremely busy carrying out the Constitutional and statutory
duties imposed upon them as individual officers.
Nonetheless, the legislative acts conferring these duties
are indicative of the reliance of that body on the function
of the fiscal restraint exercised by the Board.

The Board of Public Works is thus not a typical agency
or commission, either by composition or in terms of its
duties. Every function that it performs is critical to the
public, and therefore its formal meetings have always been
public meetings. The purpose of this bill is to require
that any informal, preliminary Board meetings be open to the
public as well.

Since the agenda of each Board meeting frequently runs
to thousands of pages, the members meet, by convenience in
the Executive Office, to discuss and highlight agenda items,
and ask questions of one another, and, if necessary, confer
with staff. These meetings are not necessarily a matter of
routine. Nor are any other preliminary meetings sometimes
held between the Treasurer and Comptroller necessarily a
matter of routine. But no official action is taken at any
of these preliminary sessions.

To impose the requirements of Article 76A on these
meetings would result in a needless extension of an already
time consuming process. Agenda items that occurred without
prior notice would have to be deferred until the notice
requirements were met. If not, any person could challenge
not only the actions discussed at a preliminary session, but
any subsequent official action of the Board. Minutes of
these sessions would also be required.

The end result is a loss of valuable time for these
three officers who serve ex officio, as the Board of Public
Works. This time must come from time otherwise devoted to
their duties as individual officers.