CONSTITUTIONAL REVISION EXPLAINED
Revised Constitution Provides For Election Of Strong 'Watchdog' As Controller
"A NEW CONSTITITIOX i
FOR OREGON"
(This i the fifth in serifs
of articles about the revised Con
stitution proposed by the Oregon
Constitutional Revision Commis
sion. The articles were written by
Hans A. Linde. professor pf con
stitutional law at the I'niversity
of Oregon and a member of the
Commission.)
The revised Constitution, as has:
been explained in the last preced
ing column, strengthens the ex
ecutive branch, headed by a gov
ernor responsible for all executive
officers, and establishes a strong
"watchdog" in the new ofticer of
a Controller wholly independent
of the executive.
iteports that the governor is to!
be the sole elective state official!
erroneously overlook that the Con
troller may also be elected. The
Controller takes over the "watch
dog" functions of auditing and giv
ing independent legal opinions.!
which are now said to justily the
separate election of the Secretary
of State and Attorney General.
But why did the Commission not
recommend a second elected of
licial within the executive branch
itself?
THE LINE OF SUCCESSION ;ial; will be political competitors, pawning against each other. The replacement of a coventor fv a ami have been elected by ail the
A second elected executive of-1 A secretary of state is common- present constitutional svstem iww governor of the opposite par- people of the state. However, a
majority of the Commission de
cided that there was not sufficient
cause for dissatisfaction with the
successon of Presidents of the
(iter seemed justitied only if he'ly regarded as the most promi-
eould take over for tlie governor
in case of the governor's death,
resignation, disability, or pro
longed absence from the state.
nent candidate to replace the very
governor in whose administration
he is serving.
In 1M58. Secretary of State
makes such situations common'.!', who may in fact have been
and unavoidable. Yet together i chosen by a narrow majority of
these several officers are sup-his fellow senators. The Commis-
posed to consiitute the adminis
tration of the stale of Oregon.
The present constitution provides: Mark 0. Hatfield and State Treas
no such officer within the state urer Sig I'nander campaigned
administration. Rather, by the in-against each oilier in Hie primary!'
dividual, partisan election
ministrative oflicers for ov
ping terms, it makes such a trans-, the candidate for reelection in the
Icr of authority within the execu- other party primary. Again in
The Constitutional Revision Com
mission concluded that the elim
ination of such internal division
ision considered continuing the
Secretary of State as an officer toSenate. as ;i present, to require
of ad-lof one partv for the right to runM political competition witiuni '
.eilap-1 against Gov. Robert D. Holmes.! administration must be a key
ir:.n.'ih (r rm.Wiinn in theireform in the revised Constitution. 1
be elected on a single ticket with
the governor, like the U S. Presi
dent and Vice President. This svs-
used in the modern Alaska
onstitulion. would provide a mid-
fm'm M..,.i...i. In thn miv.irnnr Ifiimmillni.t i-iinuuLii-iiin tlio rn.
The present line of succession' ,, , - f rw.i.,,,,.",,. . .,,..,;!.
changing that system. This made
the creation of a second elective
executive officer pointless.
; The so-called "Alaska" plait is,
however, before the legislative
Governor Hatfield and At-jin Oregon runs to the President j , ' , .l, alternative that would con-
live branch impossible. ;I2
Tim iii-fikfiiil v-;!im a!m,.l ttivniv f".ni'.'il Rnhnrl Y Thnrn. nf the Senate and the Sneaker oil
sures that the elected state offic-lon spent much of the year ram-1 the House. This may lead to the HKKA1.P AXI NEWS. Klamath Falls, Ore.
tinue an elected Secretary of
State.
ABMtNiSTRATiVE
ORGANIZATION
For how many separate agen
cies can a chief executive be
actually responsible? fn I9W, Gov
ernor Hatfield's Advisory Com-:
miltee on Reorganization report-!
cd that Oregon then had "at least
89 boards, committees, authori
ties and commissions in rule-mak-!
ing, advisorv, or managerial
iroles," Fifty two agency adminis
trators report directly to the gov-
Thursday, March S8, tiWl
PAGE ? A
ft
wim
More Spell C-A-S-H
WINNERS
SAFEWAY
Mrs. H. W. Coulson
Mrs. B. Schiff
Mrs. Lindquist
Mr. J. Bevel
Mrs. A. Grey
Harvey Snyder
Sandra Sessom
Mrs. Odell Olson
Darrell Smith
Patricia Lusk
Marcella Proctor
Bob Mason
Richard Durand
Robt. E. Harford
Stephen Kirk
Congratulations To AH Winners
Here Are A Few Pictured Below:
loutf '':v''i '
;' , ;
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605 Sr. Francis Sr.,
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1 AA SPELL C-A-S-H
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ernor. Such numbers make execu
tive responsibility a fietiaa rather
than a practical (act.
The Constitutional Revision
Commission did not prescribe a
form of organization for the ex
ecutive branch. It left this to be.
determined by statutory lawr, as
it is today. However, teSowing a
precedent which is universal in
the modern state constitutions, it
imposed a constilutionai limit of
20 on the number of top adminis
trative departments that could be
placed directly tinder the gover
nor, Smaller agencies need not
lose their separate identities. Bat
some of them would be grouped
together By major categories sa
as to stay within the ceiling of
20.
There is no magic in the num
ber 20. it is the maximum recom
mended in the Model State Con
stitution and recently enacted in
.New York. New Jersey, Alaska,
and Hawaii. A smaller number
may suffice. The 1960 Oregon re
organization plan proposed no
more than 12 departments. But
more leeway and flexibility is
desirable in a constitution.
Likewise, the Constitutional Re
vision CommtssKin did not recom
mend a "cabinet" form of state
government. Whether the major
department should be headed by
single directors, as recommend
ed in Governor Hatfield's 1960 re
organization plan, or by boards or
commissions, as many of t it e m
are now, will continue to be de
termined by statute. The revised
Constitution, like the present one,
remains silent oa this choice of
organization. Contrary to some
early reports, the present Oregon
system of major boards and com-
i missions to manage highways.
education and higher education,
fish and game, liquor sates, work
men's compensation, ete. is not
precluded under the revised Constitution.
Tlie Commission saw no reason
for a new constitution to force as
end to a system of citizen partici
pation in state government that
has given satisfactory service in
many areas of administration. Ad
ministrative organization is left
for future legislatures to consider
and reconsider in the light of
changing experience. The revised
Constitution should not be con
fused with specific recommenda
tions that have been made by
other studies ef administrative re
organization.
(Next: The Judiciary .1
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