ROBERT L. EHRLICH, JR., Governor                           H.B. 865

and administer a regional system of parks in Montgomery and Prince George's
Counties. As an independent entity, the commission has taxing and decision-making
authority on developmental and open space issues. Among other duties and
responsibilities, the members of the commission convene as the Prince George's
County Planning Board to render fair and impartial decisions concerning planning
and land use in the county in contested cases.

Although the ostensible purpose of the legislation is to make those members of the
commission more accountable to the Prince George's County Executive, that goal runs
afoul of the well-established checks and balances upon which this great nation was
founded. Moreover, this concept conflicts with important policies of this State which
favor providing quasi-judicial tribunals enough independence to render sound legal
decisions in accordance with local regulations and the law of this State. All known
precepts of land use planning envision that said decisions be made on the merits
without political influence, engendering public confidence in the decisions made
through that process. Indeed, the politicizing of such a critical planning body in the
regulation of land use is at once unhealthy and wholly unnecessary, a result that is
especially troubling because M-NCCPC is chartered as an agency of the State of
Maryland to protect a region-wide interest in the ordered development of
Montgomery and Prince George's Counties.

Perhaps the most glaring flaw in House Bill 865 is the extent to which it departs from
the mainstream of modern government. Since the advent of public land use regulation
during the 1920s and 1930s, planning commissions have been structured throughout
the United States with staggered terms, not only to moderate the potential for direct
political control, but also to preserve some measure of institutional memory and
provide a stable body that survives the ebb and flow of election cycles. A staggered
term system facilitates fluid transition of board composition by integrating new
appointees into a body of more seasoned colleagues, thereby carrying forth vital
institutional memory and promoting uninterrupted board effectiveness. Citizens and
applicants alike have a right to expect that members of a planning commission will
plan and objectively resolve disputes based upon land use laws and regulations
coupled with substantive expertise and knowledge, often in very complex
circumstances. A planning commission composed entirely of neophytes could
undoubtedly present a distinct disadvantage, with no institutional knowledge to draw
from, in a complicated case. Planning project approvals or disapprovals should be
based solely on the merit of the application, and should not be subject to political
pressure.

For the above stated reasons, I have vetoed House Bill 865.

Sincerely,

Robert L. Ehrlich, Jr.

Governor

House Bill No. 865

AN ACT concerning

Prince George's County - Washington Suburban Sanitary Commission and

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