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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2515   View pdf image (33K)
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[Dec. 15] DEBATES 2515

haps I was deficient and so I would like to
reamplify it, the reason that the referendum
was based on historical precedence was
that the original boards were created by
referendum. More recently, just this past
week, the Anne Arundel County League of
Women Voters unanimously supported a
provision that the referendum be used peri-
odically. We do not go that far, but recom-
mend that the referendum be used in chang-
ing systems or determining systems. I would
certainly not want to have language con-
flicting with other sections or other articles
and if there is such an article we would
want to consider that and take it out.

DELEGATE J. CLARK (presiding):
Delegate James.

DELEGATE JAMES: Delegate Wheatley,
according to section 5, "each local school
board shall be managed by a local school
board appointed by the governor". Is this
designed to affect the Baltimore City school
system ?

DELEGATE J. CLARK (presiding):
Delegate Wheatley.

DELEGATE WHEATLEY: Quite to the
contrary. We have not designed this to
change any of the existing school system.

DELEGATE J. CLARK (presiding):
Delegate James.

DELEGATE JAMES: Suppose as a mat-
ter of state policy, the State decides that
the Baltimore City school board and school
system should be made uniform with the
rest of the State so that you would have
the governor appointing the school board
and all financing methods should be similar
to those used in counties. Would that re-
quire a referendum and, if so, would the
referendum be at Baltimore City or would
it be a statewide referendum?

DELEGATE J. CLARK (presiding):
Delegate Wheatley.

DELEGATE WHEATLEY: The point you
raise is a good one and I would attempt to
answer it in this way. The local school
system as provided in this section could be
regulated by law and, again without know-
ing all of the local refinements of the local
government law as proposed, would be sub-
ject to referendum in those subdivisions
affected. If it would be statewide in nature
it would be subject to a statewide refer-
endum. If it would affect the local sub-
division, it would be subject to a refer-
endum in that subdivision alone. The point
you raise and one that troubled the Com-
mittee greatly in making this exception

for Baltimore City is that we have in ef-
fect put them out of step with the other
twenty-three subdivisions, but I do think
their board having pre-dated many of the
local boards in the county should be given
and accorded the recognition which would
allow it to continue without constitutional
mandate and at such time as it would
be desirable to make one system. I certainly
would not want to do it because I think
local subdivisions should have some flexi-
bility. If it would be desirable to make the
state uniform it should then be required
that the people have an opportunity to
speak upon it rather than by just a simple
legislative act.

DELEGATE J. CLARK (presiding):
Delegate James.

DELEGATE JAMES: Carrying that fur-
ther, Delegate Wheatley, I understand that
at the present time there is being con-
sidered a real possibility that the State will
take over the pension system for Baltimore
City employees. They now have a separate
pension system which is relatively costly
and it is felt that the State would do well
to at least get into this field.

Now, if the State set up a uniform sys-
tem of pensions which would in effect de-
prive Baltimore City of the pension field, do
you think this would require a referendum?

DELEGATE J. CLARK (presiding):
Delegate Wheatley.

DELEGATE WHEATLEY: I am glad
you asked that question because this gives
me an opportunity to state that this is
another determination. I would say no. A.t
this point, one point must be made clear in
the minds of the majority. We do believe
that education is unique in many respects,
not comparable to state roads or depart-
ment of motor vehicles or pension welfare
from these standpoints: number 1, it now
has a state budget of over $300 million de-
voted to education out of a total budget of
a billion. From the standpoint of dollars, it
is big. From another standpoint, there is a
delicate balance between the State and local
subdivisions. Between the terms of dollars
and balance there is nothing comparable to
it in the State, and I think the Senator
would agree with me on this. I would fur-
ther suggest in terms of the numbers of
people affected daily, that there is no other
agency within the State so affected.

DELEGATE J. CLARK (presiding):
There are only about two minutes left and
there are several people who want to ask
questions.



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2515   View pdf image (33K)
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