2256

VETOES

Moser v. Howard County Board. 235 Md. 279 (1964), the Court
of Appeals spelled out five tests for determining whether a
position constitutes a public office:

1.  The position was created by law and casts upon the
incumbent duties which are continuing in nature and not
occasional.

2.  The incumbent performs an important public duty.

3.  The position calls for the exercise of some portion
of the sovereign power of the State.

4.  The position has a definite term for which a
commission is issued, a bond required, and an oath
required.

5.  The position is one of dignity and importance.

The additional test for determining whether a
particular office is one "of profit" has been discussed in
two recent opinions of this office. See 60 Opinions of the
Attorney General 121 (1975) and 61 Opinions of the Attorney
General 152 (1976). A position will not be considered an
office of profit if no fee, salary or other compensation is
provided.

It has been held that the most important characteristic
of a public office is the exercise of some part of the
sovereign power of the state by the holder of the office.
Nesbitt v. Fallon, 203 Md. 534 (1954).

Applying these tests to the members of the Committee,
we find that Chapter 437 of the Acts of 1937 established the
Committee (Section 8—201, Agriculture Article). Among the
duties provided by law for the Committee are to: employ
administrative, technical and clerical employees for the
Committee and for assignment to the soil conservation
districts; cooperate with local governments to provide
personnel, space and other items or assistance for the
districts; accept local financial or other aid to supplement
State funding to the districts; expend State funds to
administer the soil conservation program (8—203); accept,
manage and dispose federal funds and commodities (8—204);
"perform acts, hold public hearings,, and, subject to the
approval of the Secretary, adopt rules and regulations
necessary for the execution of its functions under this
subtitle" (8—205(a)); assist and advise the soil
conservation district supervisors, coordinate the programs
of the districts, secure the cooperation and assistance of
United States and State agencies, encourage the formation of
districts where needed, grant available funds to the
districts for use in implementing the soil conservation
program, provide for the execution of surety bonds for
personnel entrusted with funds or property (8—205(c)).