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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1386   View pdf image (33K)
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1386 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 29]

governor through the re-organization plan
consented to by the General Assembly
makes a change in the organization.

DELEGATE FOX (presiding): Dele-
gate Chabot.

DELEGATE CHABOT: I would like to
refer to section 4.24, the interim recess ap-
pointments. The Committee seemed quite
careful in its use of the words "nomina-
tion" and "appointment". It indicated two
different acts, different but related acts.

On the sentence beginning on line 36 it
says that no person after being rejected by
the Senate shall be again nominated for the
same office at the same session. Earlier
there is the statement that an appointment
that is made after the first 60 days for
regular session requires the governor to
present the nomination at the next regular
session.

Does that mean that a person could be re-
jected by the Senate after having been
nominated and then on the 61st day after
the Senate rejected him, be appointed to
that position and continue to serve until
the end of the next regular session the
following year?

DELEGATE FOX (presiding): Dele-
gate Morgan.

DELEGATE MORGAN: No, he could
not be again appointed to that position.

DELEGATE FOX (presiding): Dele-
gate Chabot.

DELEGATE CHABOT: Would your ob-
jective be changed or would your under-
standing of the meaning of the language
be changed if on line 38 instead of "nomi-
nated for" we said "appointed to"?

I am wondering if that is not really what
the Committee meant, appointed to rather
than nominated for.

DELEGATE FOX (presiding): Dele-
gate Morgan.

DELEGATE MORGAN: It meant both.

DELEGATE FOX (presiding): Dele-
gate Chabot.

DELEGATE CHABOT: Thank you,
Delegate Morgan.

DELEGATE FOX (presiding) : Any
other questions?

Delegate Mitchell.

DELEGATE MITCHELL: Mr. Presi-
dent and Delegate Morgan, in the light of

the criticisms that our present guberna-
torial office is fragmented and lacks
strength, could you summarize briefly the
recommendations your Committee has
brought to this body for increasing the
strength of the chief executive?

DELEGATE FOX (presiding): Dele-
gate Morgan.

DELEGATE MORGAN: Well, I will try
to do it and I hope I do not leave anything
out.

In the first place, we have provided the
chief executive with the assistance of a
lieutenant governor. In the second place,
we have given the governor complete con-
trol over his principal departments and in
those principal departments, all of the ex-
ecutive functions of the State will be con-
centrated.

DELEGATE FOX (presiding) : Does
that answer your question? Excuse me. Go
ahead.

DELEGATE MORGAN: In the third
place, we have given the chief executive
the authority to reorganize the executive
branch of the government to suit his needs
to achieve the most efficient administrative
structure possible.

And of course, all of the principal de-
partments heads serve at the pleasure of
the governor and do not have terms of of-
fice. All who serve at the pleasure of the
governor can be removed at any time by
the governor.

I think these in general are the ways in
which we have strengthened the hand of
the governor.

DELEGATE FOX (presiding) : Does
that answer your question, Delegate Mitch-
ell.

DELEGATE MITCHELL: Yes.

DELEGATE FOX (presiding): Dele-
gate Della.

DELEGATE DELLA: Delegate Mor-
gan, on page 8, beginning with line 13,
"The governor shall with the advice and
consent of the Senate appoint each indi-
vidual executive serving as the head of a
principal department."

Do you mean all of the department heads
will be advised and consented to by the
Senate?

DELEGATE FOX (presiding): Dele-
gate Morgan.

DELEGATE MORGAN: Only the heads
of the principal departments.

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1386   View pdf image (33K)
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