ROBERT L. EHRLICH, JR., Governor

Ch. 5

(B)     POLICE OFFICIAL MEMBERS.

(1)  THE SECRETARY SHALL APPOINT THE THREE POLICE OFFICIALS TO
BE MEMBERS OF THE COMMISSION WITH THE APPROVAL OF THE GOVERNOR AND
THE ADVICE AND CONSENT OF THE SENATE.

(2)  THE THREE MEMBERS APPOINTED UNDER PARAGRAPH (1) OF THIS
SUBSECTION SHALL REPRESENT DIFFERENT GEOGRAPHIC AREAS OF THE STATE.

(C)     TENURE; VACANCIES.

(1)      THE TERM OF A MEMBER WHO IS APPOINTED UNDER SUBSECTION
(B) OF THIS SECTION IS 3 YEARS.

(2)      THE TERMS OF. THE MEMBERS WHO ARE APPOINTED UNDER
SUBSECTION (B) OF THIS SECTION ARE STAGGERED AS REQUIRED BY THE TERMS
PROVIDED FOR MEMBERS OF THE COMMISSION ON OCTOBER 1, 2003.

(3)     AT THE END OF A TERM, A MEMBER WHO IS APPOINTED UNDER
SUBSECTION (B) OF THIS SECTION 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 REMAINDER OF THE TERM AND UNTIL A SUCCESSOR IS APPOINTED
AND QUALIFIES.

(D)     DESIGNATION OF REPRESENTATIVES.

EXCEPT FOR THE THREE MEMBERS APPOINTED BY THE SECRETARY UNDER
SUBSECTION (B) OF THIS SECTION, A MEMBER OF THE COMMISSION MAY SERVE
PERSONALLY AT A COMMISSION MEETING OR MAY DESIGNATE A REPRESENTATIVE
FROM THE MEMBER'S UNIT, AGENCY, OR ASSOCIATION WHO MAY ACT AT ANY
MEETING TO THE SAME EFFECT AS IF THE MEMBER WERE PERSONALLY PRESENT.

REVISOR'S NOTE: Subsections (a), (b), (c)(1) and (2), and (d) of this section are
new language derived without substantive change from former Art. 41, §
4-201(b)(l) and (2) and, except as it related to establishing the
Commission, the introductory language of (b).

Subsection (c)(2) of this section is standard language substituted for the
former obsolete reference in Art. 41, § 4-201(b)(l) to the initial terms of the
three police officials 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, 2003, end as follows: (1) one on June 30,
2004; (2) one on June 30, 2005; and (3) one on June 30, 2006.

Subsection (c)(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 holdings in Benson v. Mellor, 152
Md. 481 (1927), and Grooms v. LaVale Zoning Board, 27 Md. App. 266

(1975).

Subsection (c)(4) of this section is also added as standard language. It

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