BLAIR LEE III, Acting Governor

81

(3) A MEMBER OF THE COUNTY BOARD AS OF JANUARY
1, 1977 SHALL HOLD OFFICE DURING HIS TERM AND UNTIL A
SUCCESSOR IS ELECTED AND QUALIFIES.

(E) REMOVAL.

(1) THE STATE BOARD MAY REMOVE A MEMBER OF THE
COUNTY BOARD FOR:

(I)   IMMORALITY;

(II)   MISCONDUCT IN OFFICE;

(III)   INCOMPETENCY; OR

(IV)   WILLFUL NEGLECT OF DUTY.

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

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

(4)    A MEMBER REMOVED UNDER THIS SUBSECTION HAS
THE RIGHT TO A DE NOVO REVIEW OF THE REMOVAL BY THE CIRCUIT
COURT FOR CARROLL COUNTY.

REVISOR'S NOTE: This section presently appears as Art.
77, §35B(a), (b)(2), (e), and (f).

In subsection (a) of this section, the present
references to "January 1, 1977" are deleted as
obsolete.

Subsection (e) of this section is rewritten for
clarity. Present Art. 77, §35B(e) does not
specify before whom the hearing is to be held;
also, the present notice requirements are vague
and incomplete. The revised language fills these
gaps in the existing law, while maintaining the
basic intent and substance of that law.

In this section and throughout this title, all
present references to election procedures
including nomination, filing deadlines, filing
fees, and provisions for nonpartisan elections
are transferred to Art. 33, the Election Code.
For a detailed cross—reference table to these