HARRY HUGHES, Governor

645

(G) REMOVAL.

THE GOVERNOR MAY REMOVE A MEMBER FOR INCOMPETENCE OR
MISCONDUCT.

REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 43, §§
621(b), (c) — except item (5) of that subsection
— (d), and (e), 622, and 628.

In subsection (a)(3) and (4) of this section, as
to the substitution of "advice of the Secretary"
for "recommendation of the Secretary...", see the
General Revisor's Note to this article.

As to subsection (b)(1) of this section, although
present Art. 43, § 622 introduces the requirement
for 5 years of professional experience with the
words "except that the members comprising the
Board as first appointed shall be", it has been
interpreted in actual practice as applying to all
appointees. By stating expressly that the
requirement applies to each appointee, the
revised language clarifies an ambiguity in the
present law and, in any event, reflects practice.

As to subsection (e) of this section, the present
reference to the oath being filed with the
Secretary of State is deleted as unnecessary.

Subsection (f)(2) of this section is new,
standard language added for clarity. The terms
of the psychologist members serving on July 1,
1981 expire as follows: (1) one member in 1981;
(2) two members in 1982; and (3) two members in
1983.

Subsection (f)(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).

For circumstances under which subsection (f)(4)
of this section applies, see the General
Revisor's Note to this article.

In subsection (g) of this section, the phrase
"upon the recommendations 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