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Session Laws, 1970
Volume 695, Page 1080   View pdf image
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1080                             Laws of Maryland                       Ch. 472

Education," subtitle "Chapter 4. County Boards of Education,"
be and it is hereby repealed and re-enacted, with amendments, and
that new Sections 36(d), (e), (f), and (g) be and they are hereby
added to said Article of said Code to follow immediately after Section
36(c) thereof, and all to read as follows:

35.

(b) Appointment, removal, vacancies. The members of the
boards, except in Montgomery County, shall be appointed from the
citizens of the county by the Governor for overlapping terms of five
years from the first day in July next succeeding their appointment,
and they shall hold office until their successors qualify. The mem-
bers of the boards shall be appointed solely because of their
character and fitness and without regard to political affiliation, but
no person shall be appointed to a board who is in any way subject to
its authority. The State Superintendent of Schools, by and with the
approval of the Governor, may remove any member of a board
appointed under the provisions of this section for immorality, mis-
conduct in office, incompetency, or wilful neglect of duty, giving to
him a copy of the charges against him, and an opportunity of being
publicly heard in person or by counsel, in his own defense, upon not
less than ten days' notice. If any member of a county board shall be
so removed, the State Superintendent of Schools shall file in the
office of the clerk of the circuit court for the county for which the
member was appointed, if the member so requests, a complete state-
ment of all charges made against such member, and his findings
hereon, together with a complete record of the proceedings. Vacan-
cies on any of the county boards except in Montgomery County for
any cause shall be filled by the Governor for the unexpired term and
until a successor shall qualify. Any member of a board shall be
eligible for reappointment unless otherwise disqualified by the pro-
visions of this section; provided however:

(1)    That no person shall be eligible to serve more than two con-
secutive terms and

(2)    That an incumbent member of a county board serving a full
term as of the effective date of this act shall be eligible for one addi-
tional full term.

36.

(d)    Vacancy. Any vacancy on the said Board in am office filled by
an interim incumbent or an elected member resulting from death,
resignation, failure to qualify, or any other reason shall be filled by
the selection by the remaining members of the Board of a duly quali-
fied person to fill the vacancy. Any person so selected shall serve
for the unexpired portion of the term of the vacancy or until his
successor is elected and qualified.

(e)    Removal. The Montgomery County Council may remove any
member of the Board elected or serving under the provisions of
this section for immorality, misconduct in office, incompetency, or
wilful neglect of duty, giving to him a copy of the charges against
him, and an opportunity of being publicly heard in person or by
counsel in his own defense, upon not less than ten days' notice. If
any member of the Board of Education shall be so removed, he
shall have the right to a review by the Circuit Court for Montgomery
County in a proceeding de novo.


 

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Session Laws, 1970
Volume 695, Page 1080   View pdf image
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