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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1488   View pdf image (33K)
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1488 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 30]

If you desire that the board of education
not be subject to be changed by the legis-
lature and that all other departments be
headed by a single executive, without the
right on the part of the legislature to
change it, you would vote against the
amendment to the amendment and then
vote for the amendment.

If you desire the third alternative, to
give the legislature the power to decide
whether principal departments, including
boards of education, should be headed by
single executives, or by a board, you could
vote either for or against the amendment to
the amendment, but in any event, vote
against the amendment so that the com-
mittee's recommendation would stand.

That would give you the three alterna-
tives.

If you desire to follow the course recom-
mended by the committee, you could vote
against the amendment.

Delegate Case.

DELEGATE CASE: Mr. Chairman,
with greatest respect to you, sir, I do not
understand the vote on the first proposi-
tion to be as you stated it, namely, if we
desire that the legislature have no control
over the Board.

This is not what you meant, is it?
THE CHAIRMAN: Over what board?

DELEGATE CASE: Over the boards
that are to head up the departments known
as the University of Maryland, state col-
leges, et cetera.

It is not the question whether the legis-
lature will have any control voile non over
the board but it is whether or not as I
understand it, the legislature can substi-
tute, as the head of the department, some-
thing other than a board.

Is that not what we are getting at?

THE CHAIRMAN: I do not think I said
the legislature would have no control over
the board. The sole question as to the power
of the legislature is whether the legislature
has the power to decide that the head of
a principal department is or is not a single
executive, or is or is not a board.

There is no issue here as to whether the
legislature has power to change the compo-
sition of the board.

Delegate Marion.

DELEGATE MARION: Mr. Chairman,
it seems to me we have gotten perhaps be-

fogged or becalmed in a sea of procedure
and I find myself at any rate in a situation
of believing I understand, at least suffi-
ciently for my own purposes, where we are
procedurally, but wishing to hear some-
thing from those who know more than I
whose exposure to education is in the class-
room and not from the administrative end,
why there should be a special exception for
education, if there should be one, and
whether there should be special exceptions
for other boards with respect to depart-
ments other than education, if there should
be, and I would appeal to those more knowl-
edgeable than I to address themselves, if
we possibly can, to some of the substantive
matters so those of us who are waiting to
find out how we should vote can make up
our minds in that respect.

THE CHAIRMAN: Let the Chair make
a suggestion, that rather than do that,
since you are talking about the question
which is raised by Delegate Maurer's
amendment, there is an entirely different
question which ought to be resolved first,
and that is, whether or not the legislature
is to have power to determine that boards
of education, or that departments of edu-
cation may be headed by single executives
or boards; the legislature ought or ought
not to have the power to so decide for other
agencies.

If you decide that question, then you have
left only the question as to whether the
legislature should have power over educa-
tional institutions.

Delegate Morgan.

DELEGATE MORGAN: Mr. Chairman,
I thought the problem of education had
been referred to another committee. I did
not know that we were going to solve all
the problems of education until we at least
had had a report from the other committee.

THE CHAIRMAN: This is not the prob-
lem of education, merely the problem of
administering the problem of education.

May the Chair suggest that the question
before you now on the amendment to the
amendment has nothing really to do with
the question of education. It is simply and
solely, "shall the legislature have the power
to decide that the head of principal depart-
ments other than educational institutions
may be a single executive or a board."

If you feel that the legislature should
have such power, then you vote for the
amendment to the amendment regardless
of your position on the educational ques-
tion.



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1488   View pdf image (33K)
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