|
DELEGATE J. CLARK (presiding) :
Delegate Morgan.
DELEGATE MORGAN: We have not
yet, but we propose to do so to the general
recommendations provisions out on the floor
of this Convention.
DELEGATE J. CLARK (presiding) :
Delegate Sollins.
DELEGATE SOLLINS: Delegate Mor-
gan, what salary are you recommending?
Is it the present salary? Or is it less or
more?
DELEGATE J. CLARK (presiding) :
Delegate Morgan.
DELEGATE MORGAN: It is more; that
is the figure that we have talked about.
We have not decided on any particular fig-
ure, but they vary from 35 to 50 thousand
dollars.
DELEGATE J. CLARK (presiding) :
Delegate Sollins.
DELEGATE SOLLINS: The Committee
has not reached a decision yet?
DELEGATE J. CLARK (presiding):
Delegate Morgan.
DELEGATE MORGAN: No, they have
not reached a decision yet.
DELEGATE J. CLARK (presiding):
Delegate Gleason.
DELEGATE GLEASON: Mr. Chairman,
the only reason I raise this question is be-
cause of the comment that was raised in
the debate over the past three days.
I refer to section 4.19 relating to the
reorganization of the executive branch;
and that part of the section which relates
to the authority and power of the governor
to make changes in the organization of the
executive branch and in the assignment of
functions among its units which he con-
siders necessary for efficient administration.
The question I have is: do you construe
this as giving the governor the power to
increase the power of a particular branch
of the government that has been estab-
lished by law?
DELEGATE J. CLARK (presiding) :
Delegate Morgan.
DELEGATE MORGAN: You mean by
giving it powers that do not exist in the
executive branch?
DELEGATE J. CLARK (presiding) :
Delegate Gleason.
|
DELEGATE GLEASON: No, they might
exist but they may exist in another de-
partment. Say when the General Assembly
establishes the power of something and the
governor decides he would rather have that
power in another department.
Would this give him the power to do
that?
DELEGATE J. CLARK (presiding) :
Delegate Morgan.
DELEGATE MORGAN: Just to give you
an example, if you have Department A that
has power X and Department B that has
power Y, you can consolidate those depart-
ments in one department and have func-
tions X-Y, and in that sense, I suppose you
increase the functions of X or Y, which-
ever is the consolidatee.
DELEGATE J. CLARK (presiding) :
Delegate Gleason.
DELEGATE GLEASON: Then I will
have to ask you: if you could pinpoint
with a little specificity, lines 34 and 35,
what is the meaning of that phrase
"Where these changes require the force
of law"? Just what did the Committee
have in mind as coming within the em-
brace of that provision?
DELEGATE J. CLARK (presiding) :
Delegate Morgan.
DELEGATE MORGAN: Well, I would
think in most cases they would require or
have the force of law because the General
Assembly has directed that certain func-
tions be performed by department head A
and now the executive order of the govern-
ment comes along saying these functions
shall be consolidated into department B.
And in that sense, they have before us a
law because they change the law which the
General Assembly has enacted.
The governor could take an administra-
tive unit in a department, Department A
for example, that simply was set up ad-
ministratively without a law for adminis-
trative convenience. The governor could
transfer this unit or consolidate with an-
other unit without having to go through
this executive order submission through the
General Assembly. That would have the
force of law because it never was in the
law anyway.
DELEGATE J. CLARK (presiding) :
Delegate Gleason, proceed.
DELEGATE GLEASON: I am glad to
hear your last remark; if the General As-
|
