HARRY HUGHES, Governor
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(4) A MEMBER WHO IS APPOINTED BY THE GOVERNOR
AFTER A TERM HAS BEGUN SERVES ONLY FOR THE REST OF THE TERM
AND UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIES.
(D) MEMBERS APPOINTED BY THE SECRETARY -- TENURE.
THE MEMBERS APPOINTED BY THE SECRETARY SERVE AT THE
PLEASURE OF THE SECRETARY.
(E) REMOVAL OF MEMBERS APPOINTED BY GOVERNOR.
THE GOVERNOR MAY REMOVE FOR INCOMPETENCE OR MISCONDUCT
A MEMBER APPOINTED BY THE GOVERNOR.
REVISOR'S NOTE: This section is new language derived
without substantive change from the last phrase
of the first sentence and the entire second and
third sentences of Art. 43, § 406A(e)(l) and the
first, second, and fourth sentences of (2).
Subsection (b) of this section is standard
language added to this and, where necessary,
corresponding sections of other titles of this
article to state the duty of an individual
appointed to any office of profit or trust to
take the oath specified in Art. I, § 9 of the
State Constitution.
Subsection (c)(3) of this section is standard
language added to this and, where necessary,
corresponding sections of other titles of this
article to provide for gaps in membership by
indicating that a member serves until a successor
takes office. This provision is supported by the
cases of Benson v. Mellor, 152 Md. 481 (1927) and
Grooms v. LaVale Zoning Board, 27 Md. App. 266
(1975).
Subsection (e) of this section is new language
derived without substantive change from 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.
In subsection (a)(3) of this section, "Secretary"
is substituted for the reference to "Secretary of
the Department of Natural Resources" and, in
subsection (d) of this section, the present
reference to representatives of the Department of
Natural Resources is deleted in light of Ch. 27,
Acts of 1980. This revision is called to the
attention of the General Assembly. For a further
discussion, see the General Revisor's Note to
this title.
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