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to have this so construed as to prevent
executive sessions where you are dealing
with matters referring to individuals, their
background, their past, and so on, where
sometimes character assassination can
sometimes take place. This is merely to
have for the public the votes, not only on
bills and resolutions, but on the matters
relating to confirmation of officers and
election of officers. We urge the adoption
of this amendment.
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: Mr. Chair-
man, I agree that this is a clarifying
amendment. It may well be that the tran-
script might reflect this as well, but I think
in the interest of clarification I would sup-
port the amendment.
THE CHAIRMAN : Is there any further
discussion of the amendment?
Delegate Della.
DELEGATE DELLA: Mr. Chairman,
will the sponsor yield for a question?
THE CHAIRMAN: Delegate Sherbow,
do you yield?
DELEGATE SHERBOW: Yes.
DELEGATE DELLA: Will all the con-
firmations be in public?
DELEGATE SHERBOW: Only a vote.
When you are holding public hearings there
is also a reason to hold executive sessions.
This, as you know, deals only with the vote
itself, which I believe is the present prac-
tice now, is it not?
THE CHAIRMAN: Delegate Della.
DELEGATE DELLA: No, it is not.
While in executive session a vote is taken
that is not published. Although we have a
journal, the journal is somewhat sealed as
to the number of votes.
It is a question that we either advise
and consent as to the appointment, or we
do not advise and consent. The appoint-
ment is either rejected or confirmed, and
therefore, the number of votes is never de-
clared as far as the papers are concerned.
This is only for the protection, I think, for
the appointee, because you could have a 21
or 22-20 vote, or a 21-19 vote in the Senate
on the proposed appointment, and I think
that might be a reflection against the nomi-
nee if the vote were to appear.
THE CHAIRMAN: Delegate Sherbow.
DELEGATE SHERBOW: I think the
amendment ought to pass the procedure. In
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the federal government the committee hear-
ings may or may not be secret, I do not
know. But when the time comes for the
vote, the vote is made public. The people
are entitled to know how the vote on the
governor's nominee finally came out.
THE CHAIRMAN : Delegate Bamberger.
DELEGATE BAMBERGER: Mr. Chair-
man, I do not disagree with the intention
of the amendment as expressed by Delegate
Sherbow, but if that is its only intention,
then it is redundant and unnecessary, and
its inclusion may suggest that it has some
other intention. If the intent is that the
public shall know how members of the Gen-
eral Assembly vote on the election or con-
firmation of any officer, that would be
available in the transcript and the journal
which are required by section 3.17 to be
published, and to be available to the public.
My problem is how Delegate Sherbow
can provide for the vote in public and yet
achieve the other protection that he ac-
knowledges is sometimes necessary, that is
that the debate on the election or confirma-
tion of an officer must of necessity, and
really should, for the protection of the
people involved, be in executive session, be-
cause there can well be things said there
which, in fairness to the person involved,
ought not to be said in public. They may
be true but they may be irresponsible. I
do not see how, without saying that spe-
cifically, you can have the vote in public
and foreclose debate on the vote. If the
vote is in public, then any member of the
Senate or the House under its present rules
could explain his vote, unless something is
said here that prohibits that.
I am concerned that it is not necessary
to achieve the purpose of a public record
of confirmation of an officer, and that put-
ting it in may really accomplish the pur-
pose that Delegate Sherbow agrees that he
does not want to accomplish, and that is
an opportunity for public character assas-
sination.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor?
Delegate Sherbow.
DELEGATE SHERBOW: I simply want
to reply to Delegate Bamberger, and say
when we spoke of the hearing, I was talk-
ing of the committee hearing. What takes
place on the floor of the House and the Sen-
ate ought to be public. If a senator and
delegate are debating, that ought to be
public. When he is voting, that ought to be
public. The safeguard we are speaking of
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