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be removed despite a definite term, so if it
is provided in the constitution that the
appointing officer can remove the officer at
pleasure, as is done in this constitution for
the heads of the executive departments,
then he does have the power to remove.
Now, there is nothing in any of the
county charters providing for either im-
peachment or removal except in one or two
isolated instances.
Removal from public office deals in very
definite terms. The memorandum which I
circulated included the definition of two of
those terms.
"Misconduct in office includes wilful
malfeasance, misfeasance, nonfeasance,
and any act involving moral turpitude
or contrary to justice, honesty, prin-
ciples or good morals, if performed by
virtue of or under the authority of the
office."
"Incompetency is any physical, moral
or intellectual quality which incapaci-
tates an officer to perform his duties.
The incompetency must be one which has
arisen since and did not exist prior to
the election of the officer sought to be
removed."
So if a particular person was elected and
he had those defects when he was elected,
it is assumed that the people had full
knowledge of those defects, and they are
willing to be governed by the person as
such. They elected him.
Now, my amendment deals in very broad
terms. First of all, it gives to the General
Assembly the power which the people have
got to give to somebody to set up a system
for the removal of officers. It provides for
an investigation. It does not say how this
investigation has to be conducted. As indi-
cated in the old constitution, sometimes the
governor conducted it. It could be con-
ducted by a grand jury or a commission.
I would leave that strictly up to the Gen-
eral Assembly. After the investigation is
conducted, it would be subject to a ju-
dicial review. This also falls in the same
lines as the old Constitution. It would in-
sure that there is some type of judicial
review to prevent this being used as a po-
litical shillelagh.
The other thing is for the appointment
then of somebody to take the office after
you have had the man removed, and in
this case it provides that the General As-
sembly shall provide it. Generally it is
provided by given the power to the gov-
ernor. However, there may be some reason
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why the General Assembly would want to
deal with it in another manner.
The only provision which is put in which
is not part of the old Constitution is that
the man should be of the same political
party. This would obviate this being used
for political purposes, and the man would
simply fill out the remainder of the unex-
pired term. It is not tantamount to a new
election. At the next occasion then, a new
successor would be appointed in accordance
with the usual processes, as if the former
incumbent had remained in office.
THE CHAIRMAN: Are there any ques-
tions of the sponsor of the amendment?
Delegate Bamberger.
DELEGATE BAMBERGER: Delegate
Grant, do you intend that this would apply
to only elected state officers?
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: I do not. I have
in there, "any officer."
THE CHAIRMAN: Delegate Bamberger.
DELEGATE BAMBERGER: Does that
include appointed state officers and, if so,
does it not run contrary to some of the
provisions of the executive article?
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: First of all, the
amendment starts out, "except as otherwise
provided in this constitution". If there is
some constitutional means provided either
by the implied power of appointment in-
cluded in the power to dismiss, that would
override this.
If there is no means provided, then the
General Assembly may provide a means.
As I point out to you, there are already
three officials in the constitution for whom
there is no means provided.
THE CHAIRMAN: Delegate Bamberger.
DELEGATE BAMBERGER: I am both-
ered then by how it would apply to any
appointed officer because my recollection of
the executive article is that the governor
has the right to remove all of those ap-
pointed officials. If that is so, then I just
think we might be more specific and really
pin this where we want to pin this, which
is on elected state officials.
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: It does apply to
appointed officers. Remember there is a
dichotomy. The power of appointment car-
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