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of functions, powers, and duties among the
offices, agencies, instrumentalities and prin-
cipal departments of the executive branch."
THE PRESIDENT: The amendment is
submitted by Delegate Morgan. Is there a
second?
(Whereupon, the amendment was duly
seconded.)
THE PRESIDENT: The amendment hav-
ing been seconded, the Chair recognizes
Delegate Morgan.
DELEGATE MORGAN: This is a com-
mittee amendment of a clarifying nature,
and it is to make sure that the language
used in the reorganization powers of the
governor is the same language used in the
reorganization power of the General As-
sembly, so that the powers will be co-ex-
tensive with one another. It was so stated
in the Committee Memorandum EB-2, but
there was some question as to whether the
actual wording accomplished that result.
This is for the purpose of making the two
powers co-extensive.
THE PRESIDENT: Are there any ques-
tions of the Committee Chairman ? Is there
any discussion ? Arc you ready for the
question ?
The question arises on the adoption of
Amendment 14 to Committee Recommenda-
tion EB-1 and EB-2 as amended by Report
S&D 13. A vote Aye is a vote in favor of
Amendment No. 14. A vote No is a vote
against.
Cast your vote.
Has every delegate voted ? Does any
delegate desire to change his vote ?
The clerk will record the vote.
There being 100 votes in the affirmative
and 1 in the negative, the motion is car-
ried, and the amendment is adopted.
Are there any other amendments to sec-
tion 4.26 ?
The Chair hears none.
Any amendments to section 4.27?
The Chair hears none.
Are there any amendments to section
4.28?
Delegate Marion, do you desire to submit
' your amendment?
DELEGATE MARION: Yes.
THE PRESIDENT: The pages will dis-
tribute Amendment C. T.his will be Amend-
ment No. 15.
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The clerk will read the amendment.
READING CLERK: Amendment No. 15,
to Committee Recommendation EB-1 and
EB-2 as amended by Report S&D-13 by
Delegate Marion:
On page 11, section 4.28, Appointments
by Governor, in line 28 strike out the words
"head or".
THE PRESIDENT: The amendment is
submitted by Delegate Marion. Is there a
second?
(Whereupon, the amendment was duly
seconded.)
THE PRESIDENT: The amendment hav-
ing been seconded, the 'Chair recognizes
Delegate Marion.
DELEGATE MARION: Mr. President,
this amendment is also intended to be a
stylistic amendment. It is done in an effort
to clarify what seems to me, and what I
have been assured is the meaning of this
particular sentence. And it is done because,
if the meaning is as it has been represented
to us, the head in this sentence means the
same thing as the chief administrative offi-
cer. Yet it would be used in a context dif-
ferent from the way the word "head" is
used when it is spoken of in section 4.27
and in the first sentence of section 4.28;
and, perhaps, also in a different context
from the way it is used in the first sen-
tence of 4.29.
The sentence as it now reads speaks
of the governor's power to appoint without
the advice and consent of the Senate each
chief administrative officer serving under
a board or commission which is at the head
of a principal department. It then goes on
to create an exception, but it says, "except
the head or chief administrative officer of
an institution of higher education or of the
state public school system." As I under-
stand it, when a board or commission is at
the head of an institution of higher educa-
tion or of the state public school system,
the chief administrative officer cannot also
be the head. The president of the Univer-
sity of Maryland, under this constitutional
framework, it seems to me, is the chief ad-
ministrative officer, acting under a board
which is at the head of the principal de-
partment.
I see Delegate Case grabbing his micro-
phone. If I am wrong, I am sure he will set
me straight.
But perhaps he will tell me why also
there has to be an exception in this sen-
tence, since the sentence deals with chief
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