Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1963-03-28
Ruling Clears Lackey
But He'll Quit Post
No Conflict
In Two Jobs,
Council Told

There is no conflict of in
terests in holding down SIM
ultaneously the jobs of men,
Der of the Republican State
Central Com m lite e and
member of the county's per-
sonnet b Yard, the County
Council was told this week.
The ruling was given the
Council by Acting County At
torney Douglas H. Moore, Jr.
who said Hal Lackey, while in
the position of administering
the county's merit system as a
personnel board member, is not
actually under the merit system
himself.
Hence, Moore said, the char
ter provision prohibiting politI.
cal activity by county employees
does not apply to Lackey.
The ruling was sought by the
County Council after wide crit.
cism arose of their appointment
OF Lackey, a top Republican
who drafted the party's plat
form last year, to the Personnel
Board which administers the
county governments merit, or
civil service, system.
After the ruling Tuesday,
Council President cited "the
high qualification that Mr..
Lackey has demonstrated in the
short time that he has served
on this board"
Council Member Kathryn z.
Digs added that Lackey had
performed with. a high degree
of integrity" adding: TT is un.
fortunate that the press has
made him a whipping boy for a
decision made not by him but
by the Council. His reputation
has been done a great disserv-
Ice by comments in the press"
Mrs. Helen M. Derryberry,
president of the Montgomery
County League of Women Vot.
ers who complained to the coun.
Gil about Lackey's appointment,
said after the ruling:
I'VE feel the intent Of the
charter Is clear and IL the
council has any doubts IL
should prepare a proposed
charter amendment and let
the people vote on IT,"
Attorney Moore in a seven.
page opinion stating that
Lackeys job on the Personnel
Board is outside of the merit
system ruled that members of
the Personnel Board are not
subject to the provisions Of
Charter Article 5, Section 3 and
concurrent membership In a po-
litical party central committee,
or other political activity, is not
a ground for removal or forfeit.
ture of governmental office"
He said his research revealed
no cases from Maryland or
other Jurisdictions decisive of
the question presented" SO IL
was necessary to treat "the
issue presented herein as one of
first impression"
Citing Charter provisions re-
garding qualifications, tenure
and salary of county employees,
Moore concluded that Personnel
Board members were never
intended to be afforded the APP
peal and other rights given to
positions and offices under the
merit system.
ITO read this article to in
Guide the members Of the Board
would compel the anomalous
conclusion that a member Of
the board would have the right
to appeal to the very board on
which he SITS" he continued.
1T Is a fundamental rule a
court will not interpret a stat
ute SO as to result In absurd
consequences" he added.
Also, he said, personnel reg
ulations approved by success.
sive County Councils since they
were adopted Aug. 2, 1949 Tim.
mediately Interpreted the
charter as excluding from the
personnel regulations all ap.
pointed board members" and
then further specified that pc.
litical activities prohibited by
the charter applied only to EN-
Continued on Page A3)