WILLIAM DONALD SCHAEFER, Governor

Ch. 3

Subsections (c) and (d)(2) of this section are new
language that repeats the provisions of present Art.
41, § 8-102(d) and (e) and the second sentence of (c).

Subsection (d)(1) of this section is standard language
added as an inherent and essential corollary to
subsection (c)(4) of this section.

Subsection (e) of this section is standard language
added to state the requirement that an individual
appointed to any office of profit or trust take the
oath specified in Md. Constitution, Art. I, § 9.

Subsection (f)(2) of this section is standard language
added to reflect the stagger created in accordance
with Ch. 509, Acts of 1969, Ch. 148, Acts of 1973, and
Ch. 582, Acts of 1975. This addition is not intended
to alter the term of any member of the Board. See §

7 of Ch. ___, Acts of 1989. Accordingly, in

subsection (f)(1) of this section, the specific
reference to "July 1" is added. The terms of the
members serving on October 1, 1989, end as
follows: (1) 2 in 1990; (2) 2 in 1991; and (3) 3 in
1992.

Subsection (f)(3) of this section is standard language
added to avoid gaps in membership by indicating that a
member serves until a successor takes office. This
addition 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 (f)(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
(f)(4) of this section applies, see the General
Revisor's Note to this article.

Subsection (g) of this section is new language that
repeats the provisions of Md. Constitution, Art. II, §
15. For other provisions on removal, see: Md.
Constitution, Art. XV, § 2, on suspension and removal
for crimes, and Art. 41, § 1-203 of the Code, on
removal for failure to attend meetings.

In subsections (a)(2)(i) and (b) of this section, the
defined term "master barber" is added to clarify that
the former, general reference to individuals who "have
been engaged in the occupation of a barber" did not
encompass, e.g., a journey barber or a teacher.

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