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Session Laws, 1989
Volume 771, Page 673   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                       Ch. 3

(2)  THE TERMS OF MEMBERS ARE STAGGERED AS REQUIRED BY
THE TERMS PROVIDED FOR MEMBERS OF THE BOARD ON OCTOBER 1, 1989.

(3)  AT THE END OF A TERM, A MEMBER 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 REST OF THE TERM AND UNTIL A SUCCESSOR IS
APPOINTED AND QUALIFIES.

(F) REMOVAL.

THE GOVERNOR MAY REMOVE A MEMBER FOR INCOMPETENCE,
MISCONDUCT, NEGLECT OF DUTIES, OR OTHER GOOD CAUSE.

REVISOR'S NOTE: Subsections (a), (e)(1) and (4), and (f) of
this section are new language derived without
substantive change from former Art. 56, § 331(b), (d),
and the second sentence and the first clause of the
first sentence of (c).

Subsections (b) and (c)(2) of this section are new
language that repeats the provisions of present Art.
41, § 8-102(d) and (e) and the second sentence of (c).

Subsection (c)(1) of this section is standard language
added as an inherent and essential corollary to
subsection (b)(4) of this section.

Subsection (d) of this section is standard language
added to state the requirement that an individual
appointed to any office of profit or trust take the
oath specified in Md. Constitution, Art. I, § 9.

Subsection (e)(2) of this section is new language
substituted for the second through fourth clauses of
the first sentence of former Art. 56, § 331(c), which
specified the terms of the initial members and was
obsolete. This substitution accommodates the sixth
member of the Board, added by Ch. 236, Acts of 1979.
This substitution is not intended to alter the term of

any member of the Board. See § 7 of Ch. ___, Acts of

1989. One-third of the terms expires each year.

Subsection (e)(3) and the clause "until a successor is
appointed and qualifies" in subsection (e)(4) 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 cases of Benson v. Mellor, 152 Md. 481 (1927),
and Grooms v. LaVale Zoning Board, 27 Md. App. 266
(1975).

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Session Laws, 1989
Volume 771, Page 673   View pdf image
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