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DELEGATE WHEATLEY: I would be
be glad to, Mr. Chairman.
THE CHAIRMAN: Delegate Robey.
DELEGATE ROBEY: In line 9, the
phrase "the governing boards provided by
law" causes me some difficulty inasmuch
as this presupposes that there shall be gov-
erning boards, but I can find nowhere in the
constitution where such boards are constitu-
tionally mandated.
Is it your interpretation that this does
in fact constitutionally mandate governing
boards for the institution of governing
boards for the State?
THE CHAIRMAN: Delegate Wheatley.
DELEGATE WHEATLEY: Perhaps
stylistically this can be changed in second
reading to read that "there shall be
governing boards provided by law for the
University of Maryland", and so forth.
This was written in the light of the fact
that the executive article had made pro-
vision for exception and thereby the provi-
sion for elementary and secondary comple-
mented the executive article. We thought
this would be the complementary section
with regard to higher education. It was
the understanding of the Committee that
this line did determine governing boards
as the mode of governing the agencies and
by law would apply to the flexibility in
constituting such boards.
THE CHAIRMAN: Delegate Frank
Robey.
DELEGATE ROBEY: As I understand
your comments, the minority and majority
are in complete agreement that there shall
be governing boards. That is the intent of
this phrase and if it is necessary to change
it stylistically to read it that way, this
change will be made.
THE CHAIRMAN: Delegate Wheatley.
DELEGATE WHEATLEY: Yes.
THE CHAIRMAN: For what purpose
does Delegate Lord rise?
DELEGATE LORD: Mr. Chairman, I
would like to expand briefly on that answer.
THE CHAIRMAN: You may proceed.
DELEGATE LORD: Delegate Robey,
with specific reference to community col-
leges, as you know there is no state govern-
ing board of community colleges now. There
is some discussion along these lines. It is
not the intention of either the majority or
the minority to require the creation of
governing boards for community colleges.
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Should this happen, this language would be-
come effective.
THE CHAIRMAN: Delegate Hanson.
DELEGATE HANSON: Mr. Chairman, I
have a question for the Vice-Chairman, of
the Committee or for Delegate Lord.
THE CHAIRMAN: Delegate Wheatley,
do you respond to a question?
DELEGATE WHEATLEY: I will be
glad to.
THE CHAIRMAN: Delegate Hanson.
DELEGATE HANSON: Would it be pos-
sible under the language which is before
us here in this amendment for the General
Assembly to re-organize the university and
college system in Maryland without resort-
ing to constitutional amendment to do so,
for instance, to establish a state univer-
sity system if in its wisdom decided that
would be a more appropriate organization ?
THE CHAIRMAN: Delegate Wheatley.
DELEGATE WHEATLEY: Assuming I
understand the same meaning you give to
re-organization that I do, my answer would
be yes. The flexibility is there providing
that the mode of governing of any state
institution of higher learning would be by
board.
THE CHAIRMAN: Delegate Hanson.
DELEGATE HANSON: I would like to
ask you, or Delegate Lord, or perhaps both
of you if there is any great reason to be
served in enumerating the institutions in
this section — the University of Maryland,
the state colleges, the community colleges —
or if it might not do to simply say all
state institutions of higher learning.
THE CHAIRMAN: Delegate Wheatley.
DELEGATE WHEATLEY: In response
to the inquiry, this specific proposal was
made and the 'Committee, both majority
and minority, were both in essential agree-
ment on the particular element that the
existing structure should not be frozen,
but there should be recognition afforded
the university since it was testified to by
many witnesses that this does have a very
therapeutic affect, if I might use that
term, enlisting staff, faculty, and also get-
ting support from government agencies,
that constitutional recognition is certainly
something that is helpful to the university
and since it did not create any problems
with the expansion allowed in other institu-
tions that we thought this would be prefer-
able to the generic description.
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