3502

VETOES

Department of Public Safety and Correctional Services.
Subsection (c). All of its appointed members have terms of
three years. Subsection (c)(3). It not only gives advice
to the Secretary on correctional standards, but also has
such powers as that of giving technical assistance to the
extent authorized in the Budget, subpoenaing witnesses,
issuing orders to correctional facilities to cease
operations which are in violation of mandatory standards,
subsection (d), and confirming or countermanding orders of
inspectors closing correctional facilities, subsection (e).
As positions on the Commission are created by law, involve
continuing and important public duties, have, with respect
to the appointed members, a definite term, and clearly
involve an exercise in sovereignty, members of the
Commission hold an office.

Although members of the Commission hold an office, they
do not hold an office "of profit," as Section 7C(c)(7)
expressly provides that the members shall not receive a
salary, but shall only be reimbursed for their lawfully
incurred expenses. Accordingly, legislators who are
appointed to the Commission would not be holding two offices
of profit, in violation of Article 35 of the Declaration of
Rights. While members of the Commission do not hold offices
of profit, the 1976 Opinion noted that there is a
distinction between an office of profit and an office of
trust. As members of the Commission might reasonably be
regarded as holding offices "of trust," although not of
profit, we believe that persons holding these positions
would thereafter be ineligible to serve as Senator or
Delegate under the terms of Article III, Section 11. Quite
clearly, Article III, Section 17 would bar a Senator or
Delegate from serving in an office which was created during
the term for which he was elected to the Legislature.
Finally, as the Commission is an agency of one of the
principal Departments of the Executive Branch of government,
it is also clear that a legislator serving on the Commission
would be exercising the powers of more than one branch of
government, in violation of Article 8 of the Declaration of
Rights. However, as was noted in the 1976 Opinion,
legislation could be enacted providing for the appointment
of legislators to this Commission in an advisory, non-voting
capacity.

Very truly yours,
Stephen H. Sachs
Attorney General

House Bill No. 27
AN ACT concerning