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Ch. 63
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2006 LAWS OF MARYLAND
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In item (2) of this section, the reference to "the number set forth in the
articles of organization as required by § 12-205(b)(l)(iv) of this title" is
substituted for the former reference to a requirement to state "whether
there will be 5, 7, or 9 commissioners" for consistency.
Defined term: "Authority" § 12-101
12-302. APPOINTMENT OF COMMISSIONERS OF AN AUTHORITY.
(A) APPOINTMENT BY CHIEF ELECTED OFFICIAL.
THE CHIEF ELECTED OFFICIAL SHALL APPOINT THE REQUIRED NUMBER OF
COMMISSIONERS OF THE AUTHORITY.
(B) CERTIFICATE OF APPOINTMENT.
(1) A CERTIFICATE OF THE APPOINTMENT OF A COMMISSIONER OF AN
AUTHORITY SHALL BE FILED WITH THE CUSTODIAN OF RECORDS.
(2) THE CERTIFICATE IS CONCLUSIVE EVIDENCE OF THE
APPOINTMENT.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 44A, § 1-207(a) and (f).
In subsection (a) of this section, the former reference to the chief elected
official "of the local government" is deleted as implicit in the defined term
"chief elected official".
In subsection (b)(1) of this section, the former reference to the
"reappointment" of the commissioner is deleted as implicit in the reference
to "appointment".
In subsection (b)(2) of this section, the former reference to a "due and
proper" appointment is deleted as surplusage.
Defined terms: "Authority" § 12-101
"Chief elected official" § 12-101
"Custodian of records" § 12-101
12-303. ELIGIBILITY TO BE COMMISSIONER OF AN AUTHORITY.
(A) EMPLOYEES OF THE AUTHORITY BARRED.
A COMMISSIONER OF AN AUTHORITY MAY NOT BE AN EMPLOYEE OF THE
AUTHORITY.
(B) EMPLOYEES OF POLITICAL SUBDIVISION LIMITED.
(1) IF AN AUTHORITY IS GOVERNED BY ARTICLES OF ORGANIZATION,
ONLY ONE COMMISSIONER OF THE AUTHORITY MAY BE AN EMPLOYEE OF THE
POLITICAL SUBDIVISION.
(2) OTHERWISE, A COMMISSIONER OF AN AUTHORITY MAY NOT BE AN
EMPLOYEE OF THE POLITICAL SUBDIVISION.
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