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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1472   View pdf image (33K)
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1472 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 30]

Delegate Hickman.

DELEGATE HICKMAN: Would Dele-
gate Maurer yield for a question, please?

THE CHAIRMAN: Delegate Maurer.
DELEGATE MAURER: Gladly.
THE CHAIRMAN: Delegate Hickman.

DELEGATE HICKMAN: Is it my un-
derstanding that there would be concur-
rent power between the executive and the
legislature if your amendment passes?

THE CHAIRMAN: Delegate Maurer.

DELEGATE MAURER: This is my un-
derstanding of the various interpretations
that Ave have been given today.

THE CHAIRMAN: I believe that is
correct.

Delegate Hickman.

DELEGATE HICKMAN: One further
question. Which would take precedence?

THE CHAIRMAN: Delegate Maurer.

DELEGATE MAURER: I assume if
they are concurrent, they are co-equal.

THE CHAIRMAN: Delegate Hickman.

DELEGATE HICKMAN: You mean as
far as the governor having the veto and
the legislative having the power to pass the
bill?

THE CHAIRMAN: Delegate Maurer.
DELEGATE MAURER: Either.

The legislature could use the routine
procedure subject to veto and then the gov-
ernor could initiate a reorganization plan
subject to veto in the legislature, but the
governor could not create a new program;
he could only reorganize existing func-
tions, but the legislature could also create
new programs.

THE CHAIRMAN: Delegate Hickman.

DELEGATE HICKMAN: You are re-
ferring to section 4.18 at the present time,
is that correct?

THE CHAIRMAN: Delegate Maurer.
DELEGATE MAURER: Yes, sir.

THE CHAIRMAN: Your answer, Dele-
gate Maurer?

DELEGATE MAURER: Yes, sir.
THE CHAIRMAN: Delegate Hickman.

DELEGATE HICKMAN: That is the
organization of the departments?

THE CHAIRMAN: Delegate Maurer.
DELEGATE MAURER: Yes, sir.
THE CHAIRMAN: Delegate Hickman.

DELEGATE HICKMAN: One further
question. Would it be possible for a de-
partment such as the Motor Vehicle De-
partment to be made a principal depart-
ment and where we have a commissioner
who is under the merit system to be re-
lieved of his job under this?

THE CHAIRMAN: Delegate Maurer.

DELEGATE MAURER: It is my under-
standing that any person under the merit
system could not be deprived of his merit
system rating; I am not sure you could say
he has his rating as a head of a principal
department because we do not have prin-
cipal departments at the present time, but
it is my understanding that a person keeps
his rating within the merit system and
would be in a position to have a position
of a similar nature.

THE CHAIRMAN: Delegate Hickman.

DELEGATE HICKMAN: May I ask if
Delegate Morgan agrees with that answer?

THE CHAIRMAN: Yes, but before you
do, I think maybe someone could correct
Delegate Maurer's inadvertent statement.
There are principal departments under the
statute at the present time.

DELEGATE MAURER: Under the ex-
isting departments as we speak of them
under the organization department.

Thank you very much.

THE CHAIRMAN: Delegate Morgan, do
you yield to a question?

DELEGATE MORGAN: Yes.
THE CHAIRMAN: Delegate Hickman.

DELEGATE HICKMAN: Delegate
Maurer said anyone under the system
would retain that system under the new
constitution and under this section do you
agree with that?

THE CHAIRMAN: Delegate Morgan.

DELEGATE MORGAN: If the Motor
Vehicle Department were made a principal
department, the head of the Motor Vehicle
Bureau would not be the head of the prin-
cipal department. The head of the Motor
Vehicle Bureau would maintain his status



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1472   View pdf image (33K)
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