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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1873   View pdf image (33K)
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[Dec. 6] DEBATES 1873

words which accomplish what 1 understand
they intend to accomplish. I do not think
they do it now, because I think that by
both the colloquy this morning and tho
Committee Memorandum they are adopting
the language of the decision of the Court
of Appeals.

THE CHAIRMAN: Let me make this
suggestion to you, if I may. This is very
artificial language, but may carry out the
intent so that the Committee on Style
can straighten it out.

Could your amendment read, so that in
effect the sentence would be, "The com-
pensation of a public officer provided for
in the budget as prescribed by law may
not be decreased"?

DELEGATE BAMBERGER: I accept the
Chair's suggestion. I think that carries out
the intent, and I pray for Delegate Penni-
man and his companions.

THE CHAIRMAN: Delegate James.

DELEGATE JAMES: That does not cover
the situation where the compensation is
fixed in the budget and is not prescribed
by law.

THE CHAIRMAN: That is what I under-
stand Delegate Bamberger was not intend-
ing to cover. That is why I made the
suggestion.

DELEGATE JAMES: You do not intend
to cover that?

A department head, for instance, I as-
sume he is a state officer; if his salary is
fixed in the budget do you not intend to
include him?

THE CHAIRMAN: Let me state it an-
other way, Delegate Bamberger.

The question the Chair put to you was
that there are, as you know, many instances
where the law provides that the salary of
designated officials shall be, or his com-
pensation shall be, as provided in the bud-
get. The question I asked you was whether
you intended by this amendment to pro-
vide in effect that if the salary of such a
public officer were once included in a
budget it could not thereafter in a subse-
quent budget be reduced.

I understood you to say no.

Delegate James' question is, did you
really mean no ?

DELEGATE BAMBERGER: I either did
not mean no, or misunderstood the question.

My intention is that this prohibition
against decrease should apply both to offi-

cers whose salary is as provided in the
budget and to officers whose salary is
established by a statute and is also ap-
propriated by the budget.

THE CHAIRMAN: The Chair's sugges-
tion would not be appropriate. Your amend-
ment is all right in the form in which it
is submitted, and I am sorry.

Delegate Bamberger.

DELEGATE BAMBERGER: If the Chair
or the Chairman of the Committee has
some serious question about that language,
I would be delighted to hear it.

THE CHAIRMAN: I think the fact is
now clear that you intend by the phrase
to prevent reduction in compensation of an
officer once it is included in the budget,
either because the law fixes the amount of
compensation, or because the law says it
shall be as prescribed in the budget.

Is there any further discussion of the
amendment?

Delegate Sherbow.

DELEGATE SHERBOW: Mr. Chairman,
ladies and gentlemen, unless somebody on
our Committee objects, I have no objection
to this amendment; but I sure hope that
the Committee on Local Government or
the Committee on General Provisions, or
some other Committee finds a way of pro-
viding protection for those who hold public
office in departments other than those of
the State as we are setting it up here.

THE CHAIRMAN: Delegate Weide-
meyer.

DELEGATE WEIDEMEYER: I am
wondering if we used, instead of the words
"provided for in the state budget," "public
officer entitled to compensation," —

THE CHAIRMAN: Delegate Weide-
meyer, I think undoubtedly the language
will have to be changed by the Committee
on Style, but I think the intent is reason-
ably clear so they could do it.

Delegate Case.

DELEGATE CASE: Mr. Chairman,
would Delegate James yield to a question?

THE CHAIRMAN: Delegate James.
DELEGATE JAMES: Yes, sir.
THE CHAIRMAN: Delegate Case.

DELEGATE CASE : Delegate James, the
present Constitution, in section 52 of Ar-
ticle III, from which this language was I



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1873   View pdf image (33K)
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