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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3171   View pdf image (33K)
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[Jan. 3] DEBATES 3171

not provide for a code of ethics. They
simply say we shall be ethical, and the
question of whether or not we are ethical
shall be decided by a committee of
legislators.

THE PRESIDENT: The Chair pur-
posely did not limit what is contemplated
to what is presently in the proposal of the
Legislative Council. I understand from Del-
egate James somewhat broader action was
encompassed or thought of. The question
specifically is whether the code of ethics
in its details must be prescribed by law
or whether the General Assembly may by
law provide for the adoption of a code of
ethics and an ethics board and so forth.

Delegate James.

DELEGATE JAMES: The specific ques-
tion is could the General Assembly sct up a
framework and then provide the details
and rules of each house, rather than in
the statute? That is the question.

THE PRESIDENT: Delegate Gallagher.

DELEGATE GALLAGHER: Mr. Chair-
man, I think it was the intention of our
Committee that the legislature must spell
out a code, and consequently the proposal
which the Legislative Council has before it
does not go far enough to meet require-
ments of the conflict of interest section
here.

THE PRESIDENT: The Chair would
suggest to you and to the Committee on
Style that to make this crystal clear an
amendment of the first two lines of that
section might be desirable.

I would think that if this is what you
meant you might say, for instance, that
the General Assembly shall prescribe by
law a code of ethics; if this is literally
what you mean then go on and say it and
then provide for regulations.

DELEGATE GALLAGHER: That is
precisely what the Committee intended,
Mr. Chairman, and since it is a rather
simply amendment, I would like, if I would
be in order, to move it orally here.

THE PRESIDENT: Is there any objec-
tion, notwithstanding the fact it is not
printed, to consider an amendment which
would amend section 9.08 to strike in line
50 the word "provide" and the word "for"
and insert in line 50 in lieu of provide, the
word "prescribe", and in line 51 insert be-
tween the word "and" and the word "for"
the word "provide"?

Is this your amendment, Delegate
Gallagher?

DELEGATE GALLAGHER: I so move,
Mr. Chairman.

THE PRESIDENT: Is there any objec-
tion to considering the amendment, not-
withstanding the fact it is not printed?

Delegate Gleason.

DELEGATE GLEASON: Mr. Presi-
dent, I have to object until we get a further
understanding with respect to the intention
of the Committee in recommending this
provision.

THE PRESIDENT: The Chair is not
putting the question now. It is merely a
question of whether the amendment can be
considered so we can discuss it.

Delegate Gleason.

DELEGATE GLEASON: What I am
anxious to do is enter into a little colloquy
with the Chairman of the Committee to try
to ascertain and recall to his mind precisely
what our discussions were before the Com-
mittee on the subject, so I have no objection
at this time.

THE PRESIDENT: Delegate Gallagher,
the Chair suggests you have the amend-
ment prepared at the dinner recess, and we
will take it up immediately following the
dinner recess.

Are there any other amendments?

We will suspend, then, further consider-
ation of this section.

The Chair has several announcements to
make.

Will the pages please distribute at this
time the four papers held by the rubber
band marked Journal of Proceedings?

The rules of this Convention indicate
that the journal should be approved by the
Convention. The journal will be approxi-
mately 1,000 pages, typewritten pages, in
length. It has been typed. It is in need of
extensive editing before it is printed as a
permanent part of the record. This is not
editing to change any action on it, because
I think the staff has now checked, re-
checked, and triple checked all the journal
clerk's entries, entries on the President's
copy, entries on the parliamentarian's copy,
so we think the actions noted are correct.

However, partly because the various pro-
posals when introduced were introduced in
such varying forms, there is no uniformity
in the method of including in the journal
a description of the proposal.

This has resulted in confusion. At least
I would hope that this Convention's journal



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3171   View pdf image (33K)
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