THE MEMBER'S UNIT OR ASSOCIATION WHO MAY ACT AT ANY MEETING TO THE SAME
EFFECT AS IF THE MEMBER WERE PERSONALLY PRESENT.

REVISOR'S NOTE: This section is new language derived without substantive
change from the introductory language of former Art. 41, § 4-301(c), as it
relates to the membership of the Commission, and (c)(1) and (3).

Subsection (b)(4) of this section is standard language substituted for the
former obsolete reference in Art. 41, § 4-301(c)(1) to the initial terms of the
three correctional officers appointed to the Commission. This substitution
is not intended to alter the term of any member of the Commission. The
terms of the members serving on October 1, 1999, end as follows: (1) one on
June 30, 2000; (2) one on June 30, 2001; and (3) one on June 30, 2002.

Subsection (b)(5)(i) of this section and the clause "and until a successor is
appointed and qualifies" in subsection (b)(5)(ii) 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
holdings in Benson v. Mellor, 152 Md. 481 (1927) and Grooms v. LaVale
Zoning Board, 27 Md. App. 266 (1975).

In subsection (b)(5)(ii) of this section, the clause "[a] member who is
appointed after a term has begun serves only for the remainder of the
term" is added as standard language. It follows logically from the
requirement that there be staggered terms. An inherent aspect of
staggered terms is that they must begin and end at set intervals.

In subsection (c) of this section, the word "unit" is substituted for the
former reference to "office, department, university or college, bureau or
agency" for brevity. See General Revisor's Note to this article.

Defined terms: "Commission" § 8-201

"Commissioner of Correction" § 1-101
"Correctional officer" § 8-201
"Division of Parole and Probation" § 1-101
"Secretary" § 1-101

8-205. OFFICERS.

(A) CHAIRPERSON.

THE DEPUTY SECRETARY OF PUBLIC SAFETY AND CORRECTIONAL SERVICES OR
THE DEPUTY SECRETARY'S REPRESENTATIVE IS THE CHAIRPERSON OF THE
COMMISSION.

(B) VICE CHAIRPERSON.

THE COMMISSION SHALL ELECT ANNUALLY A VICE CHAIRPERSON FROM
AMONG ITS MEMBERS.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, § 4-301(c)(2) and the first sentence of (d)(1).