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Session Laws, 1984
Volume 759, Page 1249   View pdf image
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HARRY HUGHES, Governor

1249

(2)  THE TERMS OF A MEMBER ARE STAGGERED AS REQUIRED
BY THE TERMS PROVIDED FOR MEMBERS OF THE COMMISSION ON OCTOBER 1,
1984.

(3)  AT THE END OF A TERM, A MEMBER CONTINUES TO SERVE
UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIES.

(4)  A MEMBER WHO IS APPOINTED AFTER A TERM HAS BEGUN
SERVES ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS
APPOINTED AND QUALIFIES.

REVISOR'S NOTE: Subsections (a) through (c)(1) of this
section are new language derived without substantive
change from the second and, as it related to the
membership of the Commission, the first sentence of
former Art. 65, § 78 and the first clause of the first
sentence of § 79.

Subsection (c)(2) of this section is new language
added to reflect the continuing stagger created under
the second clause of the first sentence of former Art.
65, § 79, which specified the terms of the initial
members and which is deleted as obsolete. The deleted
clause also contained a reference to members
"appointed by the Governor", which was obsolete in
light of Ch. 97, Acts of 1970. That Act amended
former Art. 65, § 78 to change the appointing
authority from the "Governor" to the "Secretary of
General Services, with the approval of the Governor".

The terms of 1 of the members appointed by the
Secretary and 1 of the members appointed by the Mayor
expire each year.

Subsection (c)(3) of this section is standard language
added to avoid gaps in membership by providing 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 (c)(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 subsection
(c)(4) of this section applies, see the General
Revisor's Note to this article.

In subsection (b)   of this section, the former date

"June 1, 1945",      which limited the qualifications to

members appointed after that date, is deleted as
obsolete.

 

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Session Laws, 1984
Volume 759, Page 1249   View pdf image
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