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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1435   View pdf image (33K)
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[Nov. 29] DEBATES 1435

THE CHAIRMAN: Delegate Gilchrist.

DELEGATE GILCHRIST: Would Dele-
gate Morgan yield for a question?

THE CHAIRMAN: Delegate Morgan, do
you yield?

DELEGATE MORGAN: I yield.
THE CHAIRMAN: Delegate Gilchrist.

DELEGATE GILCHRIST: Would the
Committee not consider this a completely
proper subject for the transitional pro-
visions, in view of the fact that every
function of the Board —

THE CHAIRMAN: What do you mean
by "this", Delegate Gilchrist?

DELEGATE GILCHRIST: The matter
which has been struck out, because I am
afraid —

THE CHAIRMAN: Delegate Gilchrist,
if the Chair may make a suggestion, I
think you referred not to the transitory
provisions but the schedule of legislation.

DELEGATE GILCHRIST: Excuse me,
I do refer to the schedule of legislation,
because this would at least permit the
Committee to suggest to the General As-
sembly those functions which the Commit-
tee believes the Board ought to have.

THE CHAIRMAN: The Chair would
suggest before Chairman Morgan answers,
that in the opinion of the Chair, that would
not be a proper procedure under the En-
abling Act, since the schedule of legis-
lation is limited to two categories, and
this would be in neither.

Delegate Morgan, did the Chair under-
stand your previous answer to Delegate
Case to be that you could accomplish the
same purpose by stating it clearly in the
accompanying memorandum?

DELEGATE MORGAN: Mr. President,
I thought I stated it clearly in this debate.

THE CHAIRMAN: Very well. Delegate
Bamberger.

DELEGATE BAMBERGER: Mr. Chair-
man, I ask if the Chairman of the Com-
mittee -would accept an amendment on line
11, to strike the words, "perform in such
manner and, " and to insert in lieu thereof,
"act by majority vote and shall", so that
that sentence would read, "The board shall
act by majority vote and shall have such
powers as the General Assembly may pre-
scribe. "

THE CHAIRMAN: Delegate Morgan.

DELEGATE MORGAN: Mr. President,
these words were put in this amendment
by Delegate Sickles, and I think that he
should be the one to answer this question.

THE CHAIRMAN: Delegate Sickles.

DELEGATE SICKLES: Mr. Chairman,
I have no objection to the insertion of the
language, but I do not think it serves any
purpose to remove the language which
says, "perform in such manner, " because
I would think that it would be the better
part of wisdom to allow the legislature to
establish reasonable rules and regulations
for the operation of this Board so the
entire public will know, and require notices
determining under what circumstances ex-
ecutive sessions may be held. I think that
some of the colloquy on the floor indicated
that there was some question about this;
whether there is any foundation for it or
not, I think the legislature ought have
that authority to insure that we all know
how this Board will operate.

THE CHAIRMAN: Delegate Sickles,
could the Chair inquire whether the pur-
pose you sought to be served could be satis-
factorily served if you struck the word,
"perform, " and inserted the words, "hold
its meetings, " so that it would read, "shall
hold its meetings in such manner and have
such powers"?

DELEGATE SICKLES: I think that is
an improvement, and I would also agree to
including the language, "decision shall be
made by majority vote". It seems, how-
ever, that there might be some emergency
circumstance where even if the board can-
not get together and it could be established
that there was emergency, that by a unani-
mous vote under some circumstances, they
might be able to make a decision. I would
not want to preclude that, but it seems to
me that under normal circumstances it
should be by majority vote; and this should
be clearly recognized.

THE CHAIRMAN: Further suggestion,
"hold its meetings or otherwise act, in such
manner, " et cetera. Would that meet your
second point?

DELEGATE SICKLES: As I hear it, I
think it does.

THE CHAIRMAN: Delegate Bamberger.

DELEGATE BAMBERGER: Well, I
would propose, then, to state the amend-
ment as I understand it is acceptable by
Delegate Sickles. I will state it by reading
the sentence rather than noting what is
stricken: "The Board shall act by majority



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1435   View pdf image (33K)
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