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ROBERT L. EHRLICH, JR., Governor Ch. 63
The Housing and Community Development Article Review Committee
notes, for consideration by the General Assembly, that in subsection (a) of
this section, the statement that a commissioner or employee of an
authority may not acquire certain property "[e]xcept for bonds purchased
before appointment" may be needless because the prohibition apparently is
applicable only prospectively.
Defined terms: "Authority" § 12-101
"Housing project" § 12-101
12-311. REMOVAL.
(A) IN GENERAL.
A COMMISSIONER OF AN AUTHORITY MAY BE REMOVED BY THE CHIEF
ELECTED OFFICIAL IN ACCORDANCE WITH THIS SECTION FOR NEGLECT OF DUTY OR
MISCONDUCT IN OFFICE, INCLUDING VIOLATIONS OF LOCAL ETHICS LAWS AND
MISCONDUCT IDENTIFIED IN § 12-310 OF THIS SUBTITLE.
(B) PROCEDURES.
(1) THE CHIEF ELECTED OFFICIAL SHALL FILE CHARGES WITH THE
OFFICE OF THE CUSTODIAN OF RECORDS AND PROMPTLY DELIVER A COPY OF THE
CHARGES TO THE COMMISSIONER AND TO THE SECRETARY OF THE AUTHORITY.
(2) WRITTEN NOTICE OF THE DATE, TIME, AND PLACE OF A HEARING
SHALL BE GIVEN TO THE COMMISSIONER AT LEAST 14 DAYS BEFORE THE HEARING.
(3) UNLESS THE COMMISSIONER HAS RESIGNED FROM OFFICE, THE
CHIEF ELECTED OFFICIAL SHALL HOLD THE HEARING, AT WHICH THE
COMMISSIONER SHALL HAVE AN OPPORTUNITY TO BE REPRESENTED BY COUNSEL
AND TO BE HEARD IN PERSON.
(4) ON COMPLETION OF THE HEARING, THE CHIEF ELECTED OFFICIAL
SHALL MAKE WRITTEN FINDINGS.
(C) FILING OF RECORDS, CHARGES, AND FINDINGS.
IF A COMMISSIONER OF AN AUTHORITY IS REMOVED, A RECORD OF THE
PROCEEDINGS AND THE CHARGES AND FINDINGS SHALL BE FILED IN THE OFFICE
OF THE CUSTODIAN OF RECORDS.
(D) SUSPENSION AND REINSTATEMENT.
(1) ON THE FILING OF CHARGES UNDER SUBSECTION (B)(1) OF THIS
SECTION WITH THE OFFICE OF THE CUSTODIAN OF RECORDS, THE CHIEF ELECTED
OFFICIAL MAY TEMPORARILY SUSPEND A COMMISSIONER OF AN AUTHORITY.
(2) THE CHIEF ELECTED OFFICIAL SHALL IMMEDIATELY REINSTATE
THE COMMISSIONER IN OFFICE IF THE CHIEF ELECTED OFFICIAL FINDS THE
CHARGES HAVE NOT BEEN SUBSTANTIATED.
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