HARRY HUGHES, Governor

1255

REVISOR'S NOTE: Subsections (a) through (c)(1) of this
section are new language derived without substantive
change from the second, third, fourth, and seventh
sentences and the first clause of the first sentence
of former Art. 96 1/2, § 3(a).

Subsection (c)(2) of this section is new language
added to reflect the continuing stagger created under
the sixth sentence of former Art. 96 1/2, § 3(a),
which continued the terms of the members on July 1,
1979, and the references, in the third and fourth
sentences, to appointment by July 1, 1980 and July 1,
1981, all of which are deleted as obsolete.

In practice, the terms of the members of this
Commission serving on October 1, 1984 would expire as
follows: (1) 3 members in 1985; (2) 1 member in 1986;
(3) 8 members in 1987; (4) 7 members in 1988; (5) 1
member in 1989; (6) 1 member in 1990; (7) 1 member in
1991.

This practice does not conform to the stagger created
by law, which would seem to require the terms to end
as follows: (1) in 1985, the term of 1 member
appointed under subsection (a)(2)(xiv) of this
section; (2) in 1986, the term of 1 member appointed
under subsection (a)(2)(xiv) of this section; (3) in
1987, the terms of the members appointed under
subsection (a)(2)(i) through (v), (vii), (xii), and
(xiii) of this section; (4) in 1988, the terms of
the members appointed under subsection (a)(2)(i),
(vi), and (viii) through (xi) of this section and the
term of 1 member appointed under subsection
(a)(2)(xiv) of this section; (5) in 1989, the term
of 1 member appointed under subsection (a)(2)(xiv) of
this section; (6) in 1990, the term of 1 member
appointed under subsection (a)(2)(xiv) of this
section; and (7) in 1991, the term of 1 member
appointed under subsection (a)(2)(xiv) of this section
and the term of the member appointed under subsection
(a)(2)(v) of this section.

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