74

LAWS OF MARYLAND

Ch. 22

(3) UNLESS OTHERWISE DISQUALIFIED UNDER THIS
SECTION, A MEMBER OF A BOARD IS ELIGIBLE FOR REAPPOINTMENT.
HOWEVER, EXCEPT IN KENT COUNTY, AN INDIVIDUAL MAY NOT SERVE
FOR MORE THAN TWO CONSECUTIVE TERMS.

(D) REMOVAL.

(1) WITH THE APPROVAL OF THE GOVERNOR, THE STATE
SUPERINTENDENT MAY REMOVE ANY MEMBER OF A COUNTY BOARD
APPOINTED UNDER THIS SECTION FOR:

(1)   IMMORALITY;

(II)   MISCONDUCT IN OFFICE;

(III)   INCOMPETENCY;

(IV)   WILLFUL NEGLECT OF DUTY; OR

(V)   FAILURE TO ATTEND, WITHOUT GOOD CAUSE, AT
LEAST HALF OF THE SCHEDULED MEETINGS OF THE BOARD IN ANY ONE
CALENDAR YEAR.

(2)     BEFORE REMOVING A MEMBER, THE STATE
SUPERINTENDENT SHALL SEND THE MEMBER A COPY OF THE CHARGES
AGAINST HIM AND GIVE HIM AN OPPORTUNITY WITHIN 10 DAYS TO
REQUEST A HEARING.

(3)   IF THE MEMBER REQUESTS A HEARING WITHIN THE
10-DAY PERIOD:

(I)   THE STATE SUPERINTENDENT PROMPTLY SHALL HOLD
A HEARING, BUT A HEARING MAY NOT BE SET WITHIN 10 DAYS AFTER
THE STATE SUPERINTENDENT SENDS THE MEMBER A NOTICE OF THE
HEARING; AND

(II)   THE MEMBER SHALL HAVE AN OPPORTUNITY TO BE
HEARD PUBLICLY BEFORE THE STATE SUPERINTENDENT IN HIS OWN
DEFENSE, IN PERSON OR BY COUNSEL.

(4)   IF A MEMBER WHO IS REMOVED SO REQUESTS, THE
STATE SUPERINTENDENT SHALL FILE WITH THE CLERK OF THE
CIRCUIT COURT FOR THE COUNTY FROM WHICH THE MEMBER WAS
APPOINTED:

(I)    A COMPLETE STATEMENT OF ALL CHARGES MADE
AGAINST THE MEMBER;

(II)   THE FINDINGS OF THE STATE SUPERINTENDENT;
AND

(III)   A COMPLETE RECORD OF THE PROCEEDINGS.

REVISOR'S NOTE: This section presently appears as Art.
77, §35(b).

Subsection (d) of this section is rewritten for