clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e
  Maryland State Archives | Index | Help | Search search for:
clear space
white space
Session Laws, 1989
Volume 771, Page 82   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

Ch. 3

LAWS OF MARYLAND

(1)  THE TERM OF A MEMBER IS 5 YEARS AND BEGINS ON
JULY 1.

(2)  THE TERMS OF MEMBERS ARE STAGGERED AS REQUIRED BY
THE TERMS PROVIDED FOR MEMBERS OF THE BOARD ON OCTOBER 1, 1989.

(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.

(H) REMOVAL.

THE GOVERNOR MAY REMOVE A MEMBER FOR INCOMPETENCE OR
MISCONDUCT.

REVISOR'S NOTE: Subsections (a), (b), (c), (f), and (g)(1)
and (4) of this section are new language derived
without substantive change from former Art. 56, §
465(d), the first and second clauses of the first
sentence of (a), and the first and third sentences and
the first clause of the second sentence of (b).

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

Subsection (g)(2) of this section is standard language
substituted for the second clause of the second
sentence of former Art. 56, § 465(b), which provided
that "at least one [term] expires each year". This
substitution is not intended to alter the term of any

member of the Board. See § 7 of Ch. ___, Acts of

1989. Accordingly, in subsection (g)(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) 1 in 1990; (2) 1 in 1991; (3) 1
in 1992; (4) 2 in 1993; and (5) 2 in 1994.

Subsection (g)(3) and the clause "until a successor is
appointed and qualifies" in subsection (g)(4) of this
section are standard language added to avoid gaps in
membership by indicating that a member serves until a
successor takes office. These additions are supported
by the cases of Benson v. Mellor, 152 Md. 481 (1927),
and Grooms v. LaVale Zoning Board, 27 Md. App. 266

- 82 -

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Session Laws, 1989
Volume 771, Page 82   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 11, 2023
Maryland State Archives