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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1395   View pdf image (33K)
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[Nov. 29] DEBATES 1395

Delegate Lloyd Taylor.

DELEGATE L. TAYLOR: Delegate
Morgan, I am concerned about section 4.22
covering terms of office. It is stated that
the department head shall be appointed to
serve at the pleasure of the governor.

You do not specify any term for the ap-
pointed department head. Did you do this
intentionally or do you feel that this should
be left to the discretion of the governor?

DELEGATE J. CLARK (presiding) :
Chairman Morgan.

DELEGATE MORGAN: The Committee
felt the heads of the principal departments
should be left to the discretion of the
governor.

DELEGATE J. CLARK (presiding) :
Delegate Taylor.

DELEGATE L. TAYLOR: At the pres-
ent time, aren't most department heads
appointed for a certain length of time, say,
for a four-year term or six-year term?

DELEGATE J. CLARK (presiding):
Chairman Morgan.

DELEGATE MORGAN: I am sure it
varies, but a lot of them are appointed for
fixed terms.

DELEGATE J. CLARK (presiding):
Delegate Taylor.

DELEGATE L. TAYLOR: In the reor-
ganization of the executive branch, sup-
pose the governor decides to appoint one
department head for two years and one
department head for three years and an-
other for four years. Don't you think this
may lead to confusion?

DELEGATE J. CLARK (presiding):
Chairman Morgan.

DELEGATE MORGAN: I do not be-
lieve so. This is specific in its terms and
it says heads of principal departments will
have terms at the pleasure of the governor.

DELEGATE J. CLARK (presiding):
Are there any further questions?

Delegate Chabot?

DELEGATE CHABOT: Delegate Mor-
gan, I just want to make sure that my un-
derstanding as to the method of the lieu-
tenant governor and the governor being
elected is the correct one.

Am I correct in understanding that every
candidate for governor will be required to
run with one candidate for lieutenant gov-

ernor and every candidate for lieutenant
governor will be required to run with one
and only one candidate for governor?

DELEGATE J. CLARK (presiding) :
Delegate Morgan.

DELEGATE MORGAN: That is correct.

DELEGATE J. CLARK (presiding) :
Are there any further questions?

The Chair recognizes Delegate Miller.

DELEGATE B. MILLER: Mr. Chair-
man, I would like to ask a question, if I
may.

In section 4.19 I have several questions.
First, do you see any conflicting authority
between the General Assembly and the gov-
ernor in the reorganization as you pro-
pose it?

DELEGATE J. CLARK (presiding) :
Chairman Morgan.

CHAIRMAN MORGAN: Of course, the
General Assembly always has plenary
power to do whatever it wants to in reor-
ganizing anything of the executive branch
of the government; there is no intention
whatever to restrict any power of the Gen-
eral Assembly.

What we were doing is giving insofar as
reorganization is concerned the governor a
co-extensive power with the legislature by
submitting plans to the General Assembly
in the form of executive orders and having
those plans lie before the General Assembly
for 50 days, with the authority that if they
are not disapproved by either house of the
General Assembly, they then become ef-
fective.

DELEGATE J. CLARK (presiding) :
Delegate Miller.

DELEGATE B. MILLER: That brings
me to my second question, which is, may
the General Assembly modify such plans?

DELEGATE J. CLARK (presiding) :
Delegate Morgan.

DELEGATE MORGAN: No, they may
not, except through legislation, which
would have to go through the General As-
sembly as any other bill, and be presented
to the Governor and either be approved by
the governor or be passed over his veto.

DELEGATE J. CLARK (presiding) :
Delegate Miller.

DELEGATE B. MILLER: My third
question has to do with the fact that you

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1395   View pdf image (33K)
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