102

LAWS OF MARYLAND

Ch.8

Subsection (f)(4) of this section also is added
as standard language. It follows from the
existence of staggered terms. An inherent aspect
of staggered terms is that they must begin and
end at set intervals. For circumstances under
which this subsection applies, see the General
Revisor's Note to this article.

In subsection (g) of this section, the phrase
"upon the recommendation of the Secretary" is
deleted as misleading. Although the present law
seems to imply that the Governor may remove a
Board member only on the recommendation of the
Secretary, Art. II, § 15 of the State
Constitution makes it clear that the power of the
Governor is not so limited.

Also in subsection (g) of this section, the
broader term "incompetence" is substituted for
the term "inability" to be consistent with the
language on removal in Art. II, § 15 of the State
Constitution. For other provisions on removal,
see: Art. XV, § 2 of the State Constitution, on
suspension and removal for crimes; and Art. 41, §
4 of the Code, on removal for failure to attend
meetings.

Also as to - subsection (g) of this section, the
phrase "{u}pon sufficient proof of the
Governor" is deleted as repetitive of basic
rights of due process that a Board member who is
charged with the enumerated fault grounds would
have under Art. 24 of the Maryland Declaration of
Rights.

Present Art. 43, § 499(d), which defines
"financial interest" and "household member", is
deleted as unnecessary in light of the
definitions of "household member" and
"substantial financial interest" in § 1-101 of
this article.

Present Art. 43, § 501(d), which provides for the
licensing of the initial Board members, is
deleted as obsolete.

3-203. OFFICERS.

(A)  IN GENERAL.

FROM AMONG ITS MEMBERS, THE BOARD ANNUALLY SHALL ELECT
A PRESIDENT, A VICE PRESIDENT, AND A SECRETARY-TREASURER.

(B)  ELECTIONS.

THE MANNER OF ELECTION OF OFFICERS SHALL BE AS THE
BOARD DETERMINES.