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Session Laws, 1995
Volume 793, Page 335   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 3

(D)     EACH TRUSTEE, WITHIN 10 DAYS AFTER THE COMMENCEMENT OF THE
TRUSTEE'S TERM, SHALL TAKE AN OATH OF OFFICE THAT THE TRUSTEE WILL
DILIGENTLY AND FAITHFULLY PERFORM THE DUTIES OF TRUSTEE IN ACCORDANCE
WITH LAW. SUCH OATH SHALL BE ADMINISTERED BY THE CLERK OF THE CIRCUIT
COURT FOR BALTIMORE CITY, SUBSCRIBED BY THE MEMBER MAKING IT, AND FILED
IN SAID CLERK'S OFFICE.

(E)     THE BOARD OF TRUSTEES SHALL ACT BY MAJORITY VOTE. FIVE
MEMBERS SHALL CONSTITUTE A QUORUM FOR ALL PURPOSES. EACH MEMBER OF
THE BOARD SHALL BE ENTITLED TO ONE VOTE. THE BOARD SHALL ELECT ITS OWN
OFFICERS.

(F)      THE BOARD OF TRUSTEES SHALL KEEP A RECORD OF ALL ITS
PROCEEDINGS WHICH SHALL BE OPEN TO PUBLIC INSPECTION. IT SHALL PROVIDE,
IF REQUESTED, AN OPPORTUNITY FOR A FULL HEARING, INCLUDING THE RIGHT TO
COUNSEL AND CROSS-EXAMINATION FOR ALL INTERESTED PARTIES IN ANY
PROCEEDING AS TO ANY BENEFIT, OR ANY PART THEREOF, PROVIDED HEREIN. THE
BOARD, THROUGH ITS MEMBER PRESIDING AT ANY HEARING, SHALL HAVE THE
POWER TO ADMINISTER OATHS AND MAY APPLY TO THE CIRCUIT COURT OF ANY
COUNTY FOR A SUBPOENA FOR ANY WITNESS, WHICH SHALL BE GRANTED BY THE
COURT UPON FINDING THAT THE EVIDENCE OF SAID WITNESS IS NECESSARY TO
PROVIDE A FAIR HEARING, AND THAT REQUIRING ATTENDANCE BY THE WITNESS
WOULD NOT BE OPPRESSIVE. THE BOARD MAY EXPEND FROM THE FUND SUCH
AMOUNTS AS MAY BE NECESSARY FOR THE CONDUCT OF ITS PROCEEDINGS,
INCLUDING BUT NOT LIMITED TO EXPENSES FOR INVESTIGATION, MEDICAL OR
OTHER ADVICE, STENOGRAPHIC SERVICE, AND THE LIKE. THE ATTORNEY GENERAL
SHALL BE THE LEGAL ADVISER TO THE BOARD, AND SHALL UPON REQUEST BY THE
BOARD, ASSIST AND ADVISE THE BOARD DURING THE CONDUCT OF ANY HEARING.

(G)     THE BOARD OF TRUSTEES MAY ESTABLISH RULES AND REGULATIONS,
CONSISTENT WITH THIS TITLE WITH RESPECT TO THE AMOUNT OF BENEFITS, THE
ADMINISTRATION OF THE FUND CREATED BY THIS TITLE, AND THE TRANSACTION
OF ITS BUSINESS.

(H) THE BOARD OF TRUSTEES SHALL HAVE THE POWER TO SUE AND BE SUED
AS AN ENTITY IN ANY COURT OF THIS STATE OR ANY OTHER STATE OR FEDERAL
JURISDICTION. THE BOARD SHALL ADOPT AN OFFICIAL SEAL.

(I) NO TRUSTEE SHALL BE LIABLE FOR THE CONDUCT OF ANY
PREDECESSOR, COTRUSTEE, OR ANY AGENT, REPRESENTATIVE, CUSTODIAN, OR
DEPOSITORY SELECTED WITH REASONABLE CARE, BUT ONLY FOR HIS OWN
NEGLIGENCE OR DEFAULT.

DRAFTER'S NOTE:

Error: Erroneous repeal of former Article 73B, § 52 of the Code, as
obsolete.

Occurred: Ch. 131, Acts of 1992.

- 335 -

 

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Session Laws, 1995
Volume 793, Page 335   View pdf image
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