GOVERNOR

ORIGIN & FUNCTIONS

Under Maryland's first constitution of 1776, the Governor was chosen annually by joint ballot of both houses of the General Assembly (Const. 1776, sec. 25). In 1838, by constitutional amendment, voters began to elect the Governor every three years from one of three rotating gubernatorial districts (Chapter 197, Acts of 1836, ratified 1837). At each election, only voters from a single gubernatorial election district selected the Governor. By 1851, the Governor's term of office was lengthened to four years (Const. 1851, Art. 2, sec. 1). The Constitution of 1864 eliminated the rotating gubernatorial election districts. Since the election of 1868, the Governor has been elected by all the voters of the State.

State House (from School St.), Annapolis, Maryland, November 1999. Photo by Diane F. Evartt.

The Governor is the chief executive officer of the State and commander-in-chief of its military forces. The Executive Branch of government, headed by the Governor, includes executive departments, independent agencies, and numerous commissions, task forces, committees, and advisory boards.

Elected by popular vote for a term of four years, the Governor takes office on the third Wednesday of January following election. No person may serve as Governor for more than two consecutive terms. To be eligible for the office of Governor, a person must be at least thirty years of age and must have been a resident and registered voter of the State for five years immediately preceding election (Const., Art. II, secs. 1, 3, 5, 8, 21, 21A).

Government House, Annapolis, Maryland, May 2003. Photo by Diane F. Evartt.

To each annual session of the General Assembly, the Governor must submit a budget of government for the following fiscal year. The Governor also may inform the General Assembly at any time of the condition of the State (Const., Art. II, sec. 19; Art. III, sec. 52(3)). Most commonly, this occurs through a State of the State address at the beginning of a regular legislative session.

Every bill passed by the General Assembly, except the annual budget bill, must be presented to the Governor before it becomes law. The Governor may sign the bill into law or veto it. Any bill that the Governor vetoes may be passed without his signature by three-fifths vote of the total number of members of each house of the General Assembly, either at the current session or at the session following. If a bill is presented more than six days before the General Assembly adjourns and is not vetoed within six days, or if a bill is presented within six days prior to the adjournment of the General Assembly and is not vetoed within thirty days after its presentment, then the bill becomes law without the Governor's signature. The Governor may veto any part of an appropriations bill, in the same manner as other bills, without vetoing it in its entirety (Const., Art. II, sec. 17; Art. III, sec. 52(6)).

The Governor is commander-in-chief of the military forces of the State - the National Guard - except when such forces are called into the national service. If the National Guard is called, the Governor may establish a State Guard (Const., Art. II, sec. 8).

In times of public emergency or energy emergency, the Governor has certain emergency powers as defined by law (Code Public Safety Article, secs. 14-301 through 14-406).

The Governor appoints all military and civil officers of the State subject to the advice and consent of the Senate, except when the election or appointment of such officers otherwise is provided for. In addition to appointing the heads of major departments, boards, and commissions of the State government, the Governor appoints certain boards and commissions in each county and the City of Baltimore, as provided for by law. The Governor also commissions notaries public and appoints persons to fill vacancies in the offices of Attorney General, Comptroller, and seats in the General Assembly. Any officer appointed by the Governor, except a member of the General Assembly, is removable by him for cause.

The Governor may grant pardons to persons convicted of criminal acts against the State, commute the sentences of prisoners of the State, and remit fines and forfeitures for offenses against the State. The Governor may extradite prisoners or persons wanted by other states upon the presentation of a writ of extradition and may issue a warrant for the arrest of any person so wanted. The Governor also may ask for the return to this State of any prisoner or person of another state wanted for the violation of the laws of Maryland (Const., Art. II, sec. 20).

By virtue of his office, the Governor serves on certain boards and commissions. The Governor chairs the Board of Public Works and the Governor's Executive Council (Cabinet) and serves on the Maryland Environmental Trust; the Maryland State Employees Risk Management Advisory Council; the Maryland Veterans Home Commission; and the Governor's Workforce Investment Board. The Governor also is a member of several interstate boards: the Appalachian Regional Commission; the Chesapeake Executive Council; the Education Commission of the States; the Interstate Mining Commission; the Interstate Commission on the Potomac River Basin; the Southern Regional Education Board; the Southern States Energy Board; and the Susquehanna River Basin Commission.

CHIEF OF STAFF

APPOINTMENTS OFFICE
The Governor nominates and, by and with the advice and consent of the Senate, appoints all civil and military officers of the State, whose appointment or election is not otherwise provided for by the Constitution or by law (Const., Art. II, secs. 10-14). To assist in this process, the Appointments Office formally organized by 1967 within the Office of the Governor.

DEPUTY CHIEFS OF STAFF

One deputy chief of staff oversees four departments: Aging; Disabilities; Education; and Health and Mental Hygiene, as well as the Higher Education Commission, the University System of Maryland, Morgan State University, St. Mary's College of Maryland, and the Maryland School for the Blind.

A second deputy chief of staff oversees five departments: Human Resources; Juvenile Services; State Police; Public Safety and Correctional Services; and Veterans Affairs; and offices for Children; Crime Control and Prevention; and Homeland Security; and the Military Department.

A third deputy chief of staff is responsible for nine departments: Agriculture; Business and Economic Development; Environment; General Services; Housing and Community Development; Labor, Licensing, and Regulation; Natural Resources, Planning; and Transportation. In addition, this deputy chief of staff oversees the Office of Minority Affairs, the State Department of Assessments and Taxation; the Maryland Automobile Insurance Fund; the Maryland Economic Development Corporation; the Maryland Energy Administration; the Maryland Environmental Service; the Maryland Insurance Administration; the State Lottery Agency; and the Maryland Stadium Authority.

OFFICE OF LEGAL COUNSEL
The Office of Legal Counsel originated in 1991as Legal, Labor, and Special Issues. It reorganized in 1995 as the Office of Legal Counsel and Regulatory Affairs, and reformed under its present name in 2003.

The Office is headed by the Chief Legal Counsel who also serves as senior legal advisor and criminal justice advisor to the Office of the Governor. Responsibilities include providing legal advice to the Governor, Lt. Governor, the First Lady and their staff, and coordinating the Governor's clemency and extradition powers, such as pardon, parole, and commutation of sentences. The Chief Legal Counsel also helps develop and advance the Administration's legislative package, monitors important State litigation, reviews Executive Orders, negotiates memoranda of understanding, assists the Governor in the appointment of judges, and serves as liaison to the Judiciary, the Office of the Attorney General, and the U.S. Attorney for the District of Maryland.

LEGISLATIVE & POLICY OFFICE
The Legislative and Policy Office originated as two offices. The first was the Legislative Office which formally organized by 1967 within the Office of the Governor. The second was the Governor's Policy Office formed in January 2003. These two offices merged in January 2004 to become the Legislative and Policy Office.

PRESS OFFICE
By 1967, the Press Office was known as the Public Relations Office. By 1971, it was called the News Office. In 1979, it became the Press Office. Renamed the Communications Office in 1995, it later resumed the name, Press Office.

GOVERNOR'S MILITARY STAFF

The Governor may choose a military staff consisting of the Adjutant General and not more than twelve aides selected from the commissioned officers of the Maryland National Guard and naval militia. The Governor's military staff directs the functions of the Military Department (Code Public Safety Article, secs. 13-301 through 13-306).

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