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actly what the number of it is, but it pro-
vides for all state bodies and agencies,
also for all counties and county commis-
sioners. I suggest Delegate Case and Dele-
gate Boyce's position is correct. I do not
think anybody disagrees with what Judge
Sherbow has in mind. Let's get on with
the realistic things we know we are talking
about without getting involved in language.
THE CHAIRMAN: Delegate Henderson.
DELEGATE HENDERSON: May I ask
Delegate Kiefer a question?
DELEGATE KIEFER: Yes.
DELEGATE HENDERSON: Is it not
true that despite the provisions you read
about open hearings, that all administra-
tive boards in the State retire to consider
their decisions, and they only announce
their decisions in public? They debate them
in private. Is that not the accepted prac-
tice?
THE CHAIRMAN: Delegate Kiefer.
DELEGATE KIEFER: The statute pro-
vides for that.
THE CHAIRMAN: Are you ready for
the question? The Clerk will ring the
quorum bell. Delegate Gill.
DELEGATE GILL: May I ask Judge
Sherbow a question?
THE CHAIRMAN: Delegate Sherbow,
do you yield to a question?
DELEGATE SHERBOW: Yes, indeed.
THE CHAIRMAN: Delegate Gill.
DELEGATE GILL: I understand the
recommendation is for 20 departments. I
wondered why you limit this to one depart-
ment.
THE CHAIRMAN: Delegate Sherbow.
DELEGATE SHERBOW: I am not
limiting it to anything. I simply have be-
fore us one matter dealing with the Board
of Public Works by another name.
THE CHAIRMAN: Delegate Gill.
DELEGATE GILL: I know of the statu-
tory law regarding meetings of different
boards and that was why I wondered why
you were limiting this to the one, since
it applies to this plus all of the other 19
that perform.
THE CHAIRMAN: Delegate Sherbow.
DELEGATE SHERBOW: This matter
is not before us at this time. The other de-
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partments will be determined by the stat-
utes. All that we have said in that is that
the governor or the legislature by vote
may reorganize them but not into more
than 20 departments. Those matters of de-
tail are not before us. This is before us in
the form of an amendment dealing with a
department by another 'name called the
department, which has in essence, all of
the powers or some of them of the Board of
Public Works.
THE CHAIRMAN: Delegate Gill.
DELEGATE GILL: I understand that,
but since Mr. Morgan did not accept it as
part of his amendment and you were mak-
ing a separate amendment, I wondered why
you could not be more inclusive.
THE CHAIRMAN: Delegate Sherbow.
DELEGATE SHERBOW: Very simply
because then it would be properly out of
order because we do not have the other 20
departments. We do not know that they
will ever be organized into 20 departments.
We do not know what they will be. This
is a matter which when the time comes I
believe the General Assembly will appro-
priately act on them.
THE CHAIRMAN: Are you ready for
the question? The question arises on the
adoption of the amendment to Amendment
No. 10. The amendment is to insert the
words, "in public, " after the word, "meet-
ings, " in the last sentence of the amend-
ment. As amended the sentence would read,
"The Board shall act by majority vote,
shall hold its meetings in public or other-
wise act in such manner and have such
powers as the General Assembly may pre-
scribe. "
The vote is on the amendment to the
amendment. A vote Aye is a vote in favor
of the amendment to the amendment; a
vote No is a vote against. Cast your votes.
Has every delegate voted? Does any dele-
gate desire to change his vote?
(There was no response. )
The Clerk will record the vote.
There being 61 votes in the affirmative
and 55 in the negative, the amendment to
the amendment is adopted.
DELEGATE JOHNSON: Mr. Chairman.
THE CHAIRMAN: Delegate Johnson.
DELEGATE JOHNSON: Mr. Chairman,
I have a question for clarification for Dele-
gate Morgan, if he will yield.
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