90

LAWS OF MARYLAND

Ch. 22

(1)   EACH MEMBER SERVES FOR A TERM OF 6 YEARS
BEGINNING ON JANUARY 1 AFTER HIS ELECTION AND UNTIL A
SUCCESSOR IS ELECTED AND QUALIFIES. THE TERMS OF MEMBERS
ARE STAGGERED AND ELECTIONS SHALL BE HELD AS PROVIDED IN
SUBSECTION (C) OF THIS SECTION.

(2)    THE GOVERNOR SHALL APPOINT A QUALIFIED
INDIVIDUAL TO FILL ANY VACANCY ON THE COUNTY BOARD FOR THE
REMAINDER OF THAT TERM AND UNTIL A SUCCESSOR IS ELECTED AND
QUALIFIES.

(E) REMOVAL.

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

(1)   IMMORALITY;

(II)   MISCONDUCT IN OFFICE;

(III)   INCOMPETENCY; OR

(IV)   WILLFUL NEGLECT OF DUTY.

(2)   BEFORE BEHOVING 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 OF 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 KENT COUNTY.

REVISOR'S NOTE: This section presently appears as Art.
77, §36E(a) and the tenth sentence of (b) (3) and
Art. 77, §36E(g) and (h).

Subsection (e) of this section is rewritten for
clarity. In this regard, see the revisor's note
to §3-301 of this title.

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.
This includes the transfer of all of present Art.