670

LAWS OF MARYLAND

Ch.8

Subsection (e)(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)(4) of this section also is added
as standard language. It follows from the
requirement that there be 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.

The present specific reference to the initial
terms of the members is deleted as obsolete. The
continuing stagger created under that provision
and later modified with the addition of a
consumer member is covered now under subsection
(e)(2) of this section.

In subsection (f) of this section, the phrase
"with the advice 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 advice of the Secretary, Art. II, §
15 of the State Constitution makes clear that the
power of the Governor is not so limited.

Also in subsection (f) of this section, the
present reference to a Board member being removed
only "after due notice and a hearing" 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.

Also as to subsection (f) of this section, for
additional provisions on removal, see: Art. II,
§ 15 of the State Constitution; 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.

17-203. OFFICERS.

(A)  IN GENERAL.

FROM AMONG ITS MEMBERS, THE BOARD ANNUALLY SHALL ELECT
A CHAIRMAN, A VICE CHAIRMAN, AND A SECRETARY.

(B)  ELECTIONS.