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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 774   View pdf image (33K)
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774 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 14]

tion to include the boundaries of the region
within that permissive referendum if the
General Assembly wished to do so.

THE CHAIRMAN: Delegate Case.

DELEGATE CASE: Mr. Chairman, I
know the dichotomy between establishment
or changing boundaries of counties on the
one hand and changing their government
on the other. That is to say, I think this
was implicit in the Commission's draft, too
where there was a procedure for adjusting
boundaries on the one hand, and a provi-
sion for the creation of governments within
the new boundaries on the other.

Is it your testimony here that the sec-
tion 7.10 at least implies that the refer-
endum is to cover both of these and not
just one of the elements?

DELEGATE MOSER: The intention is
that it may cover any aspect of the crea-
tion of a popularly elected representative
regional government.

THE CHAIRMAN: Delegate Case.

DELEGATE CASE: Whether it be the
county or the charter?

DELEGATE MOSER: Yes.

DELEGATE CASE: All right. Since
some of the terms used in this recommenda-
tion are new to many of us, certainly new
to me, and I have spent quite a few years
of my life dealing with local government,
I am wondering if you would for the rec-
ord define each of these terms and give an
example. The first is "multi-county govern-
mental unit."

DELEGATE MOSER: An example of
this would be, I suppose, the Washington
Suburban Sanitary Commission. It simply
is a unit that transcends county boundary
lines. It could include all of two counties
or parts of two counties.

THE CHAIRMAN: Delegate Case.

DELEGATE CASE: The second is "in-
tergovernmental authority." Would you dis-
tinguish between the first and the second?

DELEGATE MOSER: I am not sure
one really can. Let me give another ex-
ample, if I may, of the first and indicate
how that particular example may differ
from the second.

I think that multi-county governmental
unit, might also be the Maryland National
Capital Park and Planning Commission or
the Regional Planning Council.

Certainly, the Baltimore Regional Plan-
ning Council would not be an intergovern-
mental authority as such.

Another example of an intergovern-
mental authority would probably be the
Maryland Port Authority. It is a State
agency, also; however, I do not believe that
that would be looked upon as a multi-
county governmental unit. [The statement
is not entirely correct. The Maryland Port
Authority and similar agencies are forms
of multi-county governments.]

THE CHAIRMAN: Delegate Case.

DELEGATE CASE: Can you briefly tell
me how I can distinguish between a unit
on the one hand and an authority on the
other, or is it not possible?

DELEGATE MOSER: I do not know
that it is, except in the sense that an au-
thority is something like the Port Authority
that exercises a function in an area that
would lie between two governments. The
multi-county governmental unit, as I say,
would include something like the Regional
Planning Council, which is not an author-
ity.

Another difference would be that an in-
tergovernmental authority might involve a
municipality and a county. This would not
be, of course, a multi-county governmental
unit.

THE CHAIRMAN: Delegate Case.

DELEGATE CASE: Does an authority
have more authority than a unit?

DELEGATE MOSER: It would depend
on the law creating it.

THE CHAIRMAN: Delegate Case.

DELEGATE MOSER: If you have some-
thing more specific in mind go ahead and
state it, because I would be interested. If
you are simply trying to clarify the record,
and you feel it has been clarified, fine.

DELEGATE CASE: I am in the happy
position of asking questions here. I frankly
do not know the answers to these.

DELEGATE MOSER: I am trying to
answer by giving examples.

THE CHAIRMAN: Delegate Case.

DELEGATE CASE: Would you define
for us and give an example of a popularly
elected representative regional government?

DELEGATE MOSER: I would say that
"popularly elected representative" means
that the governing boards of the particular

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 774   View pdf image (33K)
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