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ries with it the power of removal if it is
an appointment for an indefinite term. If
it is for a definite term, then it does not
carry the implied power of removal. Then
you get into the situation where he serves
at the pleasure of the appointed official
and then he may be removed whether
his term is definite or indefinite. In the
executive article we provide that the heads
of the executive department shall serve at
the pleasure of the governor. For those
twenty people the power of removal is
already implied in the constitution. How-
ever, were some other offices to be created,
as they undoubtedly will, for the governor
to appoint, and if they were appointed for
a four-year term, there would be no implied
power of the governor to remove the people
concerned.
THE CHAIRMAN: Delegate Bamberger.
DELEGATE BAMBERGER: And then
the words "except as otherwise provided",
on lines 5 and 6, mean that if nobody else
has the power to remove for cause, then
and only then does this section apply?
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: Does this section
apply to elected or appointed officials, coun-
ties or municipalities?
THE CHAIRMAN : Delegate Grant.
DELEGATE GRANT: This would apply
to any elected or appointed official that is
not otherwise provided for in the constitu-
tion. Now, the question comes up: what
would you do with local officials? It would
be presumed that the General Assembly
would deal with the question by law. They
would elect certain standards. If the county
officials decided to implement these stand-
ards and go beyond them, they could. But
it would be a universal standard across the
State. Something that was illegal in one
county would not be legal in another. You
would have to have a uniform standard.
THE CHAIRMAN: One more question.
Delegate Bamberger.
DELEGATE BAMBERGER: I just do
have one. This will take some consideration
of the language.
You say, first, the General Assembly
shall provide by law for investigation and
you restrict that to two areas, one, mis-
conduct and, two, incompetency. Then you
provide for removal, but removal while it
is for good cause which would seem to me
to be rather broad is restricted to removal
of officers who have been investigated. So,
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in effect, what you are saying is that the
General Assembly may provide for re-
moval for misconduct for incompetency and
not for any other reason.
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: That is correct
because the phrase "misconduct in office"
as I read the definition includes wilful mal-
feasance, misfeasance, nonfeasance and any
act involving moral turpitude or contrary
to justice, honesty or principles or good
morals if performed by virtue of or under
authority of an office and incompetency
includes any physical moral or intellectual
qualities which incapacitates an officer to
perform his duty. The incompetency must
be one which has arisen since and did not
exist prior to the election.
These are the two words that are used
in the old Constitution. They are the two
words of broadest definition in the lexicon
of the impeachment victim.
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: Mr. Chairman, with
your indulgence and the indulgence of the
Committee of the Whole, I think this is
such a far-reaching and encompassing sug-
gestion, that I would beg leave to ask Dele-
gate Grant a few more questions because
I am confused as to what this covers.
THE CHAIRMAN: Very well, you may.
DELEGATE CASE: You say it does not
cover the judiciary and it does not cover
the legislative branch. You have estab-
lished with Delegate Bamberger that it does
not cover the heads of departments whom
the governor can appoint, am I right up to
this point?
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: It covers the
heads of the departments who serve at the
governor's pleasure which is indicated in
the article to be, so far, twenty people.
If they serve at his pleasure then he can
remove them whether they serve for a defi-
nite or indefinite term. He can remove an
appointed official if he serves for an indefi-
nite term. He cannot remove him if he is
serving a definite term, unless he is one of
the officials serving at his pleasure. There
are going to be twenty of them serving at
his pleasure as the constitution now stands.
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: I suggest to you
that section 4.22 of the executive branch
says exactly that, that the heads of prin-
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