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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2970   View pdf image (33K)
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2970 CONSTITUTIONAL CONVENTION OF MARYLAND [Dec. 30]

administrative officer serving under a board
or commission which is at the head of a
principal department. It seems to me we
are using the word "head" which is a kind
of vague or nebulous word, in more than
one way; and each other time that the
word "head" is used, it is used to indicate
either a single executive who is the head of
a principal department, or a board or com-
mission which is at the head of a principal
department.

I submit it is confusing in this context,
and either this amendment should be
adopted or some other word should be used,
if it is meant to connote something in addi-
tion to the chief administrative officer.

THE PRESIDENT: Delegate Morgan.

DELEGATE MORGAN: Mr. President, I
rise in opposition to the amendment. I do
not think you really get into very much
trouble when you authorize the governor
to appoint the chief administrative officer
and then make an exception and say he
cannot appoint the head or chief adminis-
trative officer of an institution of higher
learning.

Personally, I do not think the chief ad-
ministrative officer adequately describes
the functions and duties of the president of
the University of Maryland. I think if we
are just going to limit the exception to
the chief administrative officer it might be
questioned whether the Convention did not
have somebody else in mind in the Univer-
sity of Maryland, but we will go ahead and
let the governor appoint the president.

That was not the intention. The president
is to be appointed by the Board of Regents,
and that is the reason I oppose this amend-
ment.

THE PRESIDENT: Any other discus-
sion?

Delegate Case.

DELEGATE CASE: Mr. President, with
particular reference to the University of
Maryland, the president of the University
of Maryland is considered, or at least has
been up to today, the chief executive officer
of the University, and the chief administra-
tive officer is the vice president, who re-
ports to the president. He happens to be
Dr. Walter Weitjens right now. It was Dr.
Albert Kuhn who has moved over as the
chancellor of Baltimore campus.

So in the parlance of the university
structure, if the word "head" is taken out
we would not be talking about the presi-

dent of the University; we would be talk-
ing about one of his chief assistants.

It seems to me, therefore, that at least
from the standpoint of the University, the
word "head," which clearly connotes the
president, is a necessary ingredient to this
particular section, and I would hope that
this amendment would be defeated for that
reason.

THE PRESIDENT: Delegate Kirkland.

DELEGATE KIRKLAND: Mr. President,
we went through this in Style, and I might
say that Delegate Marion was there, and
the subcommittee that studied this in Style
agreed wholeheartedly with the interpreta-
tion just given by Delegate Case; so there-
fore, I oppose this amendment.

THE PRESIDENT: Delegate Pullen.

DELEGATE PULLEN: Mr. Chairman, I
agree with my friend, Delegate Marion,
that the "head" is often a nebulous thing.

(Laughter.)

I think Delegate Case has stated my con-
cern for the state superintendent of schools.
All I ask is that we get the best legal ad-
vice that we can in this group, and heaven
knows there is a lot of it, so there will not
be too much messing around with this par-
ticular point.

THE PRESIDENT: Delegate Marion.

DELEGATE MARION: I wonder if I
could direct a question to Delegate Case.

THE PRESIDENT: Delegate Case, do
you take the floor to yield to a question?

DELEGATE CASE: Yes, sir.

DELEGATE MARION: Would not the
Board of Regents be the head of the Uni-
versity of Maryland under this structure ?

THE PRESIDENT: Delegate Case.

DELEGATE CASE: The Board of Re-
gents is the policy making agency which
directs the affairs of the University, but I
interpret the word "head" as a person who
actually puts the policy into effect. I do
not know that I can categorically answer
that question, except to say as it is now
understood, the President is considered the
head, and he is not the chief administrative
officer. He is the chief executive officer. If
you would change "administrative" to "ex-
ecutive," I would not have the concern I
have now.

THE PRESIDENT: Delegate Marion.



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2970   View pdf image (33K)
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