698

LAWS OF MARYLAND

Ch.8

the Secretary...", see the General Revisor's Note
to this article.

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).

Subsection (f)(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.

In subsection (f)(5) of this section, the phrase
"full" terms is added for clarity.

The present specific reference to the terms of
the initial members is deleted as obsolete. The
continuing stagger created under that provision
is covered now under subsection (f)(2) of this
section. The terms of the members serving on
July 1, 1981, expire as follows: (1) one member
in 1982; (2) two members in 1983; and (3) two
members in 1984.

As to subsection (g) of this section, the present
reference to a Board member being removed only
after being given a "written statement of the
charges and an opportunity to be heard" 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 (g) of this section, for
the provisions on removal, see: Art. II, § 15
of the State Constitution, on removal for
incompetence or misconduct; 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.

Present Art. 43, § 862(j), which provides that an
appointment to fill a vacancy is made by the
Governor, is deleted as redundant in light of the
general provisions of subsection (a)(3) through
(6) of this section.