94

LAWS OF MARYLAND

Ch. 22

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

(1)   IMMORALITY;

(II)   MISCONDUCT IN OFFICE;

(III)   INCOMPETENCY; OR

(I?) WILLFUL NEGLECT OF DUTY.

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

(II)   THE MEMBER SHALL HAVE AN OPPORTUNITY TO BE
HEARD PUBLICLY BEFORE THE COUNTY COUNCIL 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 MONTGOMERY COUNTY.

REVISOR'S NOTE: This section presently appears as Art.
77, §3 6 (a), (b)(4), (d), (e), and (h) , except for
the last sentence.

Subsection (a) of this section is new language
added to clarify references to the seven "elected
members" and the "student member" since both
types of members are elected.

In subsection (b) of this section, the present
provisions for those county board members holding
office on July 1, 1969 are deleted as obsolete as
are the present, specific provisions for the
original elections of county board members. The
latter provisions are covered by the staggered
term and election provision of subsection (f)(1)
which is added to this section. In this regard,
the terms of the members serving on the county
board as of July 1, 1978 expire as follows: (1)
Four members — December 1, 1978; and (2) Three
members — December 1, 1980.

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