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DELEGATE MAURER: In the consti-
tution it mentions "appointed by the gov-
ernor" as to commissions. Does that mean
by the governor alone, or does this carry
the implication that if the governor ap-
points he must also appoint with the ad-
vice and consent of the Senate?
DELEGATE HARDWICKE : No.
THE CHAIRMAN: Are there any other
questions?
Delegate Adkins.
DELEGATE ADKINS: Along that same
line — and I do not think it is inherent in
the question that Delegate Maurer just
asked. Section 4.30 provided that all per-
sons in the executive branch whose method
of appointment is not specifically specified
shall be appointed and may be removed as
prescribed by law. Am I to conclude that
section 9, when it refers to the words
"whose appointment or election is not
otherwise provided for in the Constitution",
means that the people intended to be cov-
ered by 4.30 also are people who are pro-
vided for in the constitution, although the
constitution in 4.30 says specifically that
they shall be appointed and removed as
provided by law?
I am not sure that there is an inconsis-
tency but I think there may be, and I want
to be quite clear that this transitional pro-
vision does not require that all guberna-
torial appointments shall be approved by
the Senate if they are appointed pursuant
to section 4.30.
THE CHAIRMAN: Delegate Hardwicke.
DELEGATE HARDWICKE: It seems to
me, Delegate Adkins, that in section 9,
what we are saying here is that the gov-
ernor will nominate, and with the advice
and consent of the Senate appoint all the
officers of the State, unless there is a
method differently provided for in this con-
stitution, or unless there is a different
method prescribed by law, so that the first
clause in section 9 will govern except for
different methods provided for in the con-
stitution, or by law.
Now, as to 4.30: it seems to me that 4.30
stands on its own feet, and the express
terms that are set out in 4.30 would gov-
ern all appointments under the constitution
that are made pursuant to it.
THE CHAIRMAN: Delegate Adkins, it
seems also to the Chair that there is a
consistency inasmuch as section 9 refers to
officers of the State whose appointment or
election is not otherwise provided for in
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the constitution, and I take it that means
literally appointment and election provided
for, whereas 4.30 does not provide for ap-
pointment or election, but provides a method
to provide for appointment or election.
Delegate Adkins.
DELEGATE ADKINS: 1 think 4.30 is
intended to cover the general bulk of per-
sonnel in the executive department unless
specifically provided in this constitution.
THE CHAIRMAN: Yes. My point is
that in section 9, the reference intended
is to provisions in the constitution provid-
ing specifically for appointment or election
of officers.
Section 4.30 is not that kind of a pro-
vision. Section 4.30 itself provides for a
method by which the General Assembly
designates how the officers shall be ap-
pointed or elected. It does not in itself pro-
vide how the officers shall be appointed or
elected.
Delegate Adkins.
DELEGATE ADKINS: I take it it is
clear, so far as the Chair and the Chair-
man of the reporting Committee are con-
cerned, that section 9 does not provide that
personnel not specifically provided for in
the constitution need to be confirmed by the
Senate.
That is the only point I want to make
clear on the record.
THE CHAIRMAN: I think that is clear
— that is the intent.
Are there any other questions as to
section 9?
(There was no response.)
Section 10?
Delegate Grant.
DELEGATE GRANT: I wonder if you
would express exactly what section 10
means. Section 10 appears to be literally
old section 15 of Article II of the former
Constitution just put in the new constitu-
tion, and it refers to civil officers.
Would you define what you mean by "all
civil officers who received appointment from
the executive"? Specifically, do you mean
state level officers, local officers, people who
received commissions, and so forth and so
on?
DELEGATE HARDWICKE: I think it
is intended to cover any officer who re-
ceives an appointment from the executive
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