170

LAWS OF MARYLAND

Ch. 21

Subsection (b)(2) of this section is new language
added to reflect the continuing stagger created
under the fifth sentence of former Article 41, §
206A(a), which specified the terms of the initial
members and is deleted as obsolete.

Subsection (b)(3) of this section is standard
language added 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). A similar provision is
added as the last clause of subsection (b)(4) of
this section.

Subsection (c) of this section is new language
derived without substantive change from former
Article 41, § 206A(d).

As to subsection (c)(3) of this section, cf. AG §
2-403(2) and NR § l-106(d), which refer to
"{f}ailure to attend regularly scheduled
meetings ...". AG § 2-403(2) is derived from
former Article 41, § 436, which read " {f}ailure
to attend regularly scheduled meeting". NR §
1-106 is derived from former Article 41, § 236,
which read "{f}ailure to regularly attend
meetings of the board." Since Article 41, § 4 of
the Code provides that any "member of any State
board or commission appointed by the Governor who
shall fail to attend at least 50 percent of the
meetings of the board or commission of which he
is a member during any period of twelve
consecutive months shall be considered to have
resigned" and does not distinguish between
"regularly scheduled" and other types of
meetings, the Commission to Revise the Annotated
Code concluded that all types of meetings are
included. Therefore, subsection (c)(3) of this
section is revised to refer to "{f}ailure
regularly to attend meetings".

Defined terms: "Board" § 2-201
"Department" § 1-101 "Secretary" § 1-101

2-204. CHAIRMAN.

FROM AMONG THE BOARD MEMBERS FROM THE GENERAL PUBLIC,
THE GOVERNOR SHALL DESIGNATE A CHAIRMAN.

REVISOR'S NOTE: This section is new language derived
without substantive change from the seventh
sentence of former Article 41, § 206A(a).