Ch. 5

2003 LAWS OF MARYLAND

In subsection (a) of this section, the former reference that the powers in
this section "exist" is deleted as implicit in the reference that the powers
"may be exercised".

In subsection (b) of this section, the reference to the powers "of" the local
governing body is substituted for the former reference to the powers
"provided by law for" the local governing body for brevity.

Defined terms: "County" § 1-101

"Local governing body" § 14-401

14-403. EXECUTIVE OFFICER KILLED, SICK, OR UNAVAILABLE.

(A)     "EXECUTIVE OFFICER" DEFINED.

IN THIS SECTION, "EXECUTIVE OFFICER" MEANS THE MAYOR OR COMPARABLE
OFFICIAL OF THE LEGISLATIVE BODY OF A MUNICIPAL CORPORATION OF THE STATE.

(B)     PERIOD OF APPLICABILITY.

THE POWERS IN THIS SECTION MAY BE EXERCISED ONLY DURING THE
EFFECTIVE PERIOD OF AN OFFICIAL PROCLAMATION BY THE GOVERNOR THAT
DECLARES ALL OR PART OF THE MUNICIPAL CORPORATION TO BE IN AN ACTUAL OR
THREATENED EMERGENCY AREA.

(C)     AUTHORITY OF LOCAL GOVERNING BODY TO FILL VACANCY.

(1)      IF AN EXECUTIVE OFFICER IS KILLED OR IS SICK, INCAPACITATED,
MISSING, OR OTHERWISE UNAVAILABLE FOR A TEMPORARY OR INDEFINITE PERIOD
BECAUSE OF A MILITARY OR WARLIKE CATASTROPHE, AND THE MUNICIPAL
CORPORATION IS UNABLE TO FILL THAT VACANCY FOR A TEMPORARY OR
INDEFINITE PERIOD, THE LOCAL GOVERNING BODY OF THE COUNTY IN WHICH THE
MUNICIPAL CORPORATION IS LOCATED MAY APPOINT AN INDIVIDUAL TO FILL THE
VACANCY FOR A TEMPORARY OR INDEFINITE PERIOD.

(2)      IF THE VACANCY IS IN A MUNICIPAL CORPORATION THAT IS
LOCATED IN MORE THAN ONE COUNTY:

(I)      THE LOCAL GOVERNING BODY OF ANY OF THE COUNTIES IN
WHICH PART OF THE MUNICIPAL CORPORATION IS LOCATED MAY APPOINT AN
INDIVIDUAL TO FILL THE VACANCY; OR

(II)     THE LOCAL GOVERNING BODIES OF THE COUNTIES MAY AGREE
TO APPOINT AN INDIVIDUAL TO FILL THE VACANCY.

(D)     QUALIFICATIONS OF APPOINTEES.

TO THE EXTENT POSSIBLE, EACH APPOINTEE SHALL HAVE THE
QUALIFICATIONS REQUIRED FOR THE PARTICULAR OFFICE TO WHICH APPOINTED.

(E)     POWERS OF APPOINTEES.

EACH APPOINTEE MAY EXERCISE THE POWERS AND PREROGATIVES OF AN
OFFICER ELECTED TO THE POSITION.

- 734 -