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Re: Oath and Bond of public officials

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  • tthor.geo
    My responses inter-linear [indicated as ]. ... Treasurer. ... State ... required. ... seat ... for ... be ... Nov. ... 1977, ... passed legislation
    Message 1 of 4 , Mar 6, 2008
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      My responses inter-linear [indicated as >>>].

      <jjmozingo@...> wrote:
      >
      > I am trying to get a copy of the oath and bond for various public
      > officials in my state like the Governor, AG, Comptroller and
      Treasurer.
      >
      > The Secretary of State - Deputy Administrator in the Division of
      State
      > Documents, is trying to tell me that her interpretation of the
      > Constitution section regarding bonds is that a bond may be
      required.
      >
      > It is my understanding the a bond is required, the prescription of
      > which may be per certain General Assembly acts.
      >
      > Any thoughts?
      >
      > Maryland Constitution
      >
      > ARTICLE VI
      > The Comptroller and the Treasurer shall keep their offices at the
      seat
      > of government, and shall take such oaths and enter into such bonds
      for
      > the faithful discharge of their duties as are now or may hereafter
      be
      > prescribed by law (amended by Chapter 141, Acts of 1922, ratified
      Nov.
      > 7, 1922; Chapter 428, Acts of 1966, ratified Nov. 8, 1966; Chapter
      > 640, Acts of 1976, ratified Nov. 2, 1976; Chapter 681, Acts of
      1977,
      > ratified Nov. 7, 1978).

      >>> This means that, unless the Legislature [General Assembly?] has
      passed legislation requiring a bond, the Comptroller and Treasurer
      don't have to have one.


      >>> Also, see what Oath and Bond were required prior to 1922 [this
      will require reserch in OLD Statutes and Codes, probably on-the-
      shelf bound volumes, most-likely in a Law Library somewhere].
      >
      >
      > The Constitution doesn't specifically mention the Governor or the
      AG
      > but does make reference to State's Attorneys. I am having a hard
      time
      > finding a Maryland code section online that gives the guide lines
      for
      > the bonding of the Governor and AG.
      >
      >
      > SEC. 12. The State's Attorney in each county, and the City of
      > Baltimore, shall have authority to collect, and give receipt, in
      the
      > name of the State, for such sums of money as may be collected by
      him,
      > and forthwith make return of and pay over the same to the proper
      > accounting officer. And the State's Attorney of each county, and
      the
      > City of Baltimore, before he shall enter on the discharge of his
      > duties, and from time to time thereafter, shall give such corporate
      > surety bond as may hereafter be prescribed by Act of the General
      > Assembly (amended by Chapter 529, Acts of 1945, ratified Nov. 5,
      1946).

      >>> This also means the the Legislature [General Assembly] must pass
      legislation requiring a bond.

      >>> Again, find out what bond was required prior to 1945.

      >>> And, if you're going to cite a Code setion, you need to cite
      what Code the section came from [so we can follow what you're
      talking about...]
    • bobert111@juno.com
      Look in the Maryland Government Code also. Just a thought, Robert _____________________________________________________________ Click to get free info on
      Message 2 of 4 , Mar 6, 2008
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        Look in the Maryland Government Code also. Just a thought, Robert
        _____________________________________________________________
        Click to get free info on remodeling your kitchen.
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      • jjmozingo2002
        Thanks for the help guys. I finally had some time to do a little more digging. I found out why the Administrator couldn t give me a copy of the surety bond
        Message 3 of 4 , Mar 9, 2008
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          Thanks for the help guys.

          I finally had some time to do a little more digging. I found out why
          the Administrator couldn't give me a copy of the surety bond from the
          Secretary of State's office, because the bond is at the Court of
          Appeals. However, she is still apparently ignorant to the
          "requirement" of the bond. Maybe I should send her an email and
          enlighten her.

          § 4-102. Surety bond.

          (a) Required.- While in office, the Comptroller shall be covered by a
          surety bond as required in this section.

          (b) Form and conditions.- The surety bond of the Comptroller shall:

          (1) run to the State;

          (2) be in the amount of $200,000;

          (3) be with surety that the Governor approves; and

          (4) be conditioned on the Comptroller:

          (i) accounting for the funds that are received under color of office; and

          (ii) otherwise discharging faithfully each duty of office.

          (c) Filing.- After execution and approval of a surety bond under this
          section, the surety bond shall be recorded in the office of the Clerk
          of the Court of Appeals.


          [An. Code 1957, art. 19, § 2; 1984, ch. 284, § 1.]

          --- In tips_and_tricks@yahoogroups.com, "bobert111@..."
          <bobert111@...> wrote:
          >
          > Look in the Maryland Government Code also. Just a thought, Robert
          > _____________________________________________________________
          > Click to get free info on remodeling your kitchen.
          >
          http://thirdpartyoffers.juno.com/TGL2111/fc/Ioyw6iiew7HswDjFyojrrf9Nd8g7ppm71ZqeiLjx236aAUxEIYUjlZ/
          >
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