(a)      The Commission shall put into effect a merit system adopted pursuant to this section. In it shall be included all employees of the Commission, except:

            (1)      The commissioners;

            (2)      All appointed officials as provided in § 2-106 of this title;

            (3)      In Prince George's County:

                  (i)      The deputy chief of park police as provided in § 5-114(b) of this article; and

                  (ii)      Any director or deputy director as provided in § 7-111(c) of this article; and

            (4)      In Montgomery County, any position excluded under § 7-111(c) of this article.

      (b)      For the purpose of making and adopting the rules and regulations necessary to carry out the provisions of this section, there is created the merit system board of the Maryland-National Capital Park and Planning Commission. The board consists of three members to be appointed by the Commission, all of whom shall be residents of the Maryland-Washington Regional District, but no more than two members may be from any one county. Nothing contained in this section shall require that appointments be made for the purpose of rotating majority membership on the board between residents of those portions of Montgomery County and Prince George's County lying within the district. Members of the board shall be appointed for a term of four years. Vacancies on the board shall be filled in the same manner as for the making of original appointments. One member of the board shall be named by the Commission as chairman and shall serve at the pleasure of the Commission. All members of the board shall continue to serve until their successor is duly appointed. All appointees shall be knowledgeable and experienced in personnel matters. No appointee may be a park and planning commission member or appointed official or employee of the park and planning commission. Board members may be reappointed for new terms if they are qualified under the provisions of this section.

      (c)      The board shall prepare and recommend a compensation plan, a classification plan, and comprehensive rules and regulations governing operation of the merit system for Commission employees. The board shall submit its recommendations to the Commission for adoption. The Commission may adopt, disapprove, or modify the board's recommendations, but if the Commission does not act on any merit board recommendation within 90 calendar days of the date of filing of the recommendation with the Commission, the recommendation shall be considered approved. Amendments to adopted plans, rules, or regulations shall follow the same procedure as for adoption. All compensation plans, classification plans, rules, and regulations promulgated previously shall continue in existence and remain in full force and effect unless and until they are modified or amended.

      (d)      The Commission may make available to the board its records, facilities, employees and those experts, assistants, and clerks as are necessary to carry out its duties.

      (e)      As authorized by the Commission budget for each fiscal year, the Commission shall set the compensation of the members of the merit system board.

      (f)      Misfeasance, malfeasance, and nonfeasance in office shall be cause for removal of a merit board member upon proper notice and due consideration by the Maryland-National Capital Park and Planning Commission.

      (g)      (1)      If the board determines that the testimony of a witness is essential for the proper consideration of a case before it, the board may subpoena the witness to appear at any proceeding the board conducts in accordance with this section.

            (2)      If a person fails to comply with a subpoena issued by the board under this subsection, the board may petition a court of competent jurisdiction to compel compliance with the subpoena.