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THE CHAIRMAN: First is there any
objection to that procedure?
(There was no response.)
Delegate Morgan.
DELEGATE MORGAN: Mr. Chairman,
am I correct in understanding that the
amendment as amended will leave out the
words "including the chief legal officer and
the chief fiscal officer"?
THE CHAIRMAN: Yes. The Chair will
restate it.
For what purpose does Delegate Pullen
rise?
DELEGATE PULLEN: A point of in-
quiry, sir. Before deciding whether to raise
an objection to that, if you would answer
two questions: is it not necessary to avoid
subjecting the public school system and the
system of higher education to whatever the
intent of this particular proposal intends
to do to repeat in each case "except the
state public school system and the institu-
tions of higher education"?
In other words, in the first case there you
would have the possibility of a single ex-
ecutive appointed by the governor, or what-
ever the legislature decides and in the
second case, while you may have a board,
you still leave it open to have the chief
executive officer appointed by the governor,
or selected by some other medium.
The intent, as I understand, of Mrs.
Maurer's proposal here is to exempt the
public school system and the system of
higher education from such eventuality.
THE CHAIRMAN: Delegate Pullen, the
Chair is not at all sure it understands that
inquiry. If I understand it, the answer is
this: what Delegate Maurer is trying to do
by the amendment is to provide that, except
with respect to the state public school sys-
tem and institutions of higher education,
there shall be a single executive, which un-
der other sections, would provide the ap-
pointment of that executive by the governor.
In the case of public school systems and
institutions of higher education, there would
not necessarily be a single executive. There
could be a board or commission at the head
of it, in which event the chief administra-
tive officer would be provided by law, which
is to say the law would determine the man-
ner in which the chief administrative offi-
cer were to be selected.
Is that correct, Delegate Maurer?
DELEGATE MAURER: Yes.
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THE CHAIRMAN: Delegate Pullen.
DELEGATE PULLEN: Mr. Chairman,
the law could provide that that chief exec-
utive, even though under board, be ap-
pointed by the governor.
THE CHAIRMAN: It could.
DELEGATE PULLEN: That is the
point that I wished to make. In other
words, to accomplish the purpose for which
Mrs. Maurer has presented her amendment,
you have to repeat the acceptance of both
divisions.
THE CHAIRMAN: I do not think so.
I think her amendment is to leave that to
law. She is not attempting to fix that in
the Constitution, as I understand it.
Is that correct, Delegate Maurer?
DELEGATE MAURER: Yes, sir. That
would come under 4.21, when we debate
4.21, if we pass 4.20, is that not correct?
Because the chief administrative officers
are not dealt with in 4.20.
THE CHAIRMAN: That is correct.
Delegate Pullen.
DELEGATE PULLEN: May I make the
point to my colleague that if that is left in
there, without that protective device, the
appointment could be made by some other
agency, and by provision of the legislature.
THE CHAIRMAN: That is exactly what
Delegate Maurer intends as the Chair un-
derstands it.
Delegate Pullen, you will have the op-
portunity to offer an amendment to that.
That is the effect of the section at the
present time, I might point out.
Delegate Pullen.
DELEGATE PULLEN: Go ahead with
the first one. We will try to work up some-
thing with the second one.
THE CHAIRMAN: Very well.
Delegate Maurer, Mr. Benson will pre-
pare the amendment in the form you have
indicated and we will substitute as soon as
it gets back.
In the meantime, so that we will under-
stand what we have before us, the amend-
ment will be as follows: If you will take
up your blue copy, on page 7, strike out all
of line 50; on page 8, strike out all of lines
1, 2, and 3, and in line 4, strike out the
words "provided by law", and in lieu there-
of, insert the following sentence: "Except
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