WILLIAM DONALD SCHAEFER, Governor

Ch. 6

(E) REMOVAL.

THE GOVERNOR MAY REMOVE A GOVERNOR-APPOINTED TRUSTEE FOR
INCOMPETENCE OR MISCONDUCT.

REVISOR'S NOTE: Subsections (a) through (d)(3) of this section are new
language derived without substantive change from former Art. 73B, §
1-103(b)(2) through (5), (c), (e), and the second sentence of (a).

Subsection (d)(4) of this section is standard language added to avoid gaps in
membership by indicating that a trustee 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 (d)(5) of this section also is added as standard language. It follows
from the requirement in subsection (d)(l)(ii) of this section that there be
staggered terms for certain members of the Board of Trustees. An inherent
aspect of staggered terms is that they must begin and end at set intervals.

Subsection (e) of this section is also added as standard language that repeats
the provisions of Md. Constitution, Art. II, § 15. As the removal power of the
Governor under Md. Constitution, Art. II, § 15 is limited to civil officers that
the Governor appoints for a term of years, subsection (e) of this section
similarly limits the Governor's removal power only to those trustees that the
Governor appoints under subsection (b)(3) and (4) of this section i.e., the
trustee who represents the interests of participating subdivisions in the
Employees' Pension System and the Employees' Retirement System and the
trustees who represent the public. For other provisions on removal, see Md.
Constitution, Art. XV, § 2, on suspension and removal of an elected official
for a crime, Art. 41, § 1-203 of the Code, on removal of a member of a State
board or commission for failure to attend meetings, and Art. 41, § 1-204 of the
Code on removal of a member of a State board or commission for a crime.

In subsection (a)(7) of this section, the former reference to "State Investment
Agency" is deleted as obsolete. See Ch. 698, Acts of 1988, § 1.

In subsection (b)(1)(i) and (ii) of this section, the election procedures for
former Art. 73B, § 1-103(b)(2)(i) are stated separately to clarify that two
trustees are elected from the two systems that comprise the employees'
systems and two trustees are elected from the two systems that comprise the
teachers' systems.

In subsection (b)(1)(iv) of this section, the disqualifications for reelection of a
trustee are stated separately to clarify that the criteria for disqualification
apply separately to a trustee who becomes a retiree of the two systems that
comprise the employees' systems and to a trustee who becomes a retiree of the
two systems that comprise the teachers' systems.

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