Word: bellotti
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Dates: during 1970-1979
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Reps. Andrew Card and Phillip Johnston subsequently co-authored H4632, the bill which enlarges on Bellotti's suggestion. The bill as drafted proposes the establishment of a Blue Ribbon Commission to investigate not only the MBM-UMass contract, but, in the bill's language, "the existence and extent of corrupt practices concerning contracts related to the construction of state and country buildings from January 1, 1969, to the present...
...Bellotti, who is in the midst of his own investigation into the alleged improprities committed in the MBM-U Mass case did not share the governor's enthusiasm. He questioned the feasibility of investigating every state and country building contract entered into over the last nine years. He added the general nature of the inquiry could "interfere directly with pending criminal prosecutions and civil cases being handled by the executive branch...
...Bellotti, who would either serve on the commission or designate a subordinate to the position, told the committee he would not comply with the stipulation if the information requested applied to pending prosecutions. He seemed to be questioning the principle of accountability between branches of the government when he said, "Legislative demands for information about pending cases jeopardize successful prosecution and interfere with an executive function in violation of the doctrine of separation of powers...
...among committee members. Some members said that transactual immunity is perhaps too broad a power with which to equip the commission. The attorney general and various committee members recommended a policy of "use immunity"--immunity with regard to specifics--as a substitute for the across-the-board "transactual immunity." Bellotti encouraged the committee to specifically delinate within the bill the circumstances under which the power of immunity would be used. Without such an amendment, he said, "the special commission poses a direct threat to effective prosecutorial efforts...
...bill's provision allowing the commission to make direct presentments to grand juries brought additional references to the doctrine of separation of powers from Bellotti. He insisted the power of prosecution remain with the executive branch. The majority of the committee members, all lawyers, seemed to agree. State Rep. Roland Orlandi, one of the committee members, said the particular provision is "out of the question," as it is unconstitutional. Card attributed the misunderstanding of the provision to a mistake in the bill's language. He spoke of the drafters' intention, saying "The commission as it is outlined here...