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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1460   View pdf image (33K)
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1460 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 30]

DELEGATE BOYCE: No, I do not be-
lieve so, Delegate Raley, because this was
a problem of context again. I say that one
of the purposes is to make sure that every
department is headed by a single executive,
so once you make the principal departments
headed by a single executive, then you do
not need the worry of the board. We were
doing our best to keep the problem with
the educational set up exactly the same
way it is. There was no intent there for
the governor — and I do not think you
would find it possible for the governor —
to change the situation as it has been in
the past.

DELEGATE J. CLARK (presiding) :
Delegate Raley.

DELEGATE RALEY: Delegate Boyce,
but are you not in your section reducing
flexibility. I know we do not like to have
boards, but you might need to have boards
and are you not in your section reducing
the flexibility of having boards that might
from time to time be necessary?

DELEGATE J. CLARK (presiding):
Delegate Boyce.

DELEGATE BOYCE: I think the an-
swer there, Delegate Raley, is a question
of opinion. I had a rather lengthy speech
prepared to quote from Terry Sanford's
new book on what he says about the gu-
bernatorial set up. He says very definitely
that this is a thing of the past and you
should not have an advisory board. It
comes down to what we have been trying
to fight in the state government. We need
to pin the responsibility down. If there is
an area in a principal department of the
State which should be headed by a board
other than education, I cannot quite see it,
and I would be opposed to it as an in-
dividual.

DELEGATE J. CLARK (presiding) :
Delegate Raley.

DELEGATE RALEY: Then, so we get
this straight so everybody knows, the dif-
ference between this Report in regard to
the present Majority Report is that there
could be no boards, they would all have to
be principal departments under your Mi-
nority Report, all headed by a department
head appointed by the governor, is that
correct?

DELEGATE J. CLARK (presiding) :
Delegate Boyce.

DELEGATE BOYCE: That is absolutely
correct, sir.

DELEGATE J. CLARK (presiding):
Delegate Raley.

DELEGATE RALEY: All right.

One other question and then I will sit
down.

In your Minority Report you permit the
governor to reorganize the executive de-
partment without waiting for the initiative
on the part of the legislature. I do not
understand how you say that or how you
carry that out.

DELEGATE J. CLARK (presiding) :
Delegate Boyce.

DELEGATE BOYCE: I think the basic
problem here, Delegate Raley, is that the
legislature even under our new proposals
of running for five months would not be in
operation for seven months. I think that
everyone almost to a man who has studied
the problem recognizes that in the ad-
ministrative end of the executive branch
it is very difficult for the legislature to
actually do the reorganizing and yet at the
same time all of us feel the importance of
a check by the legislature. This spells that
out as opposed to the Majority Report.
This spells out that there is a time in
which the governor is permitted to come
before the two houses and ask for approval
to do what he wants to do in the executive
branch, only under reorganizational pro-
grams. If they do not approve of this, they
have fifty days to study it and turn it
down. The difference in the Majority Re-
port that is set up in section 4.18, Delegate
Raley, is that the legislature might wait
the necessary two years if the people of
this State see fit to — have you got it?

DELEGATE J. CLARK (presiding) :
Delegate Raley.

DELEGATE RALEY: Yes.

DELEGATE J. CLARK (presiding) :
The Chair would suggest now that Dele-
gate Boyce has agreed to withdraw his
amendments temporarily to allow Dele-
gate Maurer to offer hers and then the
discussion could be on these amendments.

Delegate Maurer.

DELEGATE MAURER: Mr. Chairman,
shall I offer the amendments one at a
time?

(At this point, President Eney resumed
the Chair.)

THE CHAIRMAN: Are they related or
may they be considered separately?



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1460   View pdf image (33K)
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