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Session Laws, 2003
Volume 799, Page 735   View pdf image
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ROBERT L. EHRLICH, JR., Governor

Ch. 5

(F)     TENURE OF APPOINTEES.

EACH APPOINTEE SHALL HOLD OFFICE UNTIL:

(1)      THE EXECUTIVE OFFICER ORIGINALLY HOLDING THE POSITION
RETURNS TO THE POSITION; OR

(2)      THE POSITION IS FILLED BY THE REGULAR ELECTION AND
QUALIFICATION OF A SUCCESSOR.

(G)     AUTHORITY OF GOVERNOR TO EXERCISE POWERS OF MUNICIPAL
GOVERNMENT.

UNDER THE CIRCUMSTANCES DESCRIBED IN THIS SECTION, THE GOVERNOR
MAY EXERCISE THE EXECUTIVE AND ADMINISTRATIVE POWERS OF THE MUNICIPAL
GOVERNMENT UNTIL THE NUMBER OF INDIVIDUALS SUFFICIENT TO OPERATE THE
MUNICIPAL GOVERNMENT ARE APPOINTED AND QUALIFIED AS EXECUTIVE
OFFICERS.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 16A, § 33.

In subsection (a) of this section, the defined term "executive officer" is
added for brevity to avoid the use of the cumbersome phrase "the mayor or
comparable official of the town council or comparable body, or any of them,
of any municipal corporation covered by the provisions of Article XI-E of
the Constitution of Maryland", and to provide clarity and consistency
throughout the rest of the section.

In subsection (b) 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".

Also in subsection (b) of this section, the former reference to the
"corporate" boundaries of the municipal corporation is deleted as
redundant.

In subsection (c)(1) of this section, the reference to appointing an
"individual" is substituted for the former reference to a "person" because
only individuals, and not the other entities included in the defined term
"person", may hold office. Similarly, in subsection (g) of this section, the
reference to the number of "individuals" sufficient to operate the municipal
government is substituted for the former reference to the number of
"persons".

In subsection (c)(2)(ii) of this section, the former reference that the
counties "by agreement may collaborate" in the appointments is deleted as
unnecessary in light of the reference the counties "may agree".

In subsection (e) of this section, the former phrase "[d]uring the tenure of
any such appointee" is deleted because by definition the appointee would
only be an appointee during his or her tenure.

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Session Laws, 2003
Volume 799, Page 735   View pdf image
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