HARRY HUGHES, Governor

2257

Furthermore, the Committee is "subject to an annual audit of
the accounts of receipts and disbursements by the State
Auditor." (8—202). Obviously, these duties constitute an
important public charge and service especially in light of
the legislative finding that "[t]he soil, water and related
resources of the State are among the basic assets of the
State and the conservation of these resources is necessary
to protect and promote the health, safety, and general
welfare of its people. Improper land-use practices cause
and contribute to a progressively more serious erosion of
the lands of the State by wind and water," Section 8—102.
The power and duties conferred upon the Committee call for
the exercise of a portion of the sovereign power of
government with respect to the expenditure of State funds in
implementing a program for the conservation of the State's
natural resources.

Although the statutory scheme for the Committee does
not require the members to take the constitutional oath of
office or to post a bond, the absence of these criteria is
not sufficient to negate the existence of a public office
where the exercise of sovereignty is found. See, Howard
County Comm. v. Westphal, 232 Md. 334 (1963). It is our
opinion that a Committee member occupies a public office.
However, the prohibitions contained in Article 35 and
Article III, Section 35 do not apply to all the members of
the Committee.

As a general rule, the constitutional proscription
against changing the salary of a public officer during his
incumbency applies only to an officer having a fixed and
definite term of office and not to appointive officers who
hold the office only at the pleasure of the appointing
power. 63 Am.Jur.2d §371 "Public Officers and Employees,"
p. 854. Therefore, while the addition of a per diem
allowance constitutes compensation and renders an office one
of profit, 61 Opinions of the Attorney General 152 (1976),
supra no constitutional question is raised in connection
with the compensation of those incumbent members of the
Committee who neither serve on the Committee for a fixed
term nor hold another public office.1/ However, compensated
service on the Committee by the President of the Maryland
Association of Soil Conservation Districts, who is also a
soil conservation district supervisor, and the four soil
conservation district supervisors, would violate the
Constitution and in our view render the entire bill invalid.

In our April 20, 1979, letter to you concerning Senate
Bill 1094, we concluded that the increase in compensation
authorized by the bill could, not take effect for those soil
conservation district supervisors with fixed terms
(Agriculture Article, Section 8—302) until the beginning of
their new terms. This result was based on the conclusion
that for purposes of Article 35 of the Declaration of Rights
soil conservation district supervisors hold offices for