Is it proper for public employees to serve simultaneously as state legislators? This has been a recurring question at General Assembly sessions in recent decades. The issue has been raised anew by the case of James E. Malone Jr., a local firefighter who won election as a state delegate from southwest Baltimore County last Nov. 8. Mr. Malone subsequently learned that Maryland's Constitution forbids firefighters, police and other sworn holders of "offices of profit" from serving simultaneously as elected officeholders.
Now Mr. Malone faces the painful choice of going to Annapolis or remaining a county firefighter and retaining his attractive pension plan. It's worth noting that after two terms in the legislature, he would be eligible for another nice retirement package; and even if he serves fewer than eight years, he can buy into the legislative pension plan.
Mr. Malone might yet be saved from his tough decision by Baltimore County Executive C. A. Dutch Ruppersberger. The executive has come to his fellow Democrat's aid with a proposed bill that would, in effect, change Mr. Malone's job description from that of "official" to "employee." Thus he could serve in the legislature and keep his firefighter's position, along with the benefits attached to the job.
The executive's heart might well be in the right place. Anyone who knows that Mr. Ruppersberger barely survived an automobile accident 20 years ago can understand why he has a soft spot for emergency workers. Still, his proposed bill for the benefit of Mr. Malone could set an unwanted precedent. Members of the County Council, who will vote on the measure next Tuesday night, rightly seem to understand its potential hazards. Among these is the political danger of taking special action to help a fellow pol mere weeks after the electorate vented its anger against incumbents and "politics as usual."
Supporters of Mr. Malone claim he was misled several months ago when a high-ranking county personnel official told him, incorrectly, that he could occupy a seat in the House of Delegates while working as a county firefighter. But we have to wonder why Mr. Malone didn't better grasp the implications of his bid for elected office, especially given that his father is a former Baltimore County delegate who witnessed the debates over a similar issue during his tenure at the capital.
The younger Mr. Malone knows the rules of the game now -- even if he previously did not -- and he must follow them. Are the rules unfair? Then they can be changed by a constitutional revision submitted by legislators for the approval or refusal of voters. That is sensible government. Special legislation to help Mr. Malone is not.