Maryland State Statutes - Maryland Attorney Directory

(b) (1) A commissioner of an authority may not be an employee of that authority. A commissioner of an authority may not be an employee or an elected official of the local government for which the authority is created except as otherwise provided in this subsection.

(2) Where the authority is governed by articles of organization, 1 employee of the local government who is not an elected official of the local government may be appointed as a commissioner.

(3) Notwithstanding § 1-211(d) of this subtitle, anyone appointed under paragraph (2) of this subsection shall serve at the pleasure of the chief elected official of the local government.

(4) The provisions of this subtitle do not prohibit a tenant of a housing project or any property included or planned to be included in any project from serving as a commissioner of a housing authority.

(c) For authorities for which articles of organization are approved by the Secretary of State after July 1, 1990, the following requirements shall apply:

(1) All initial appointments of commissioners after the Secretary of State's approval of the articles shall be made effective as of the same date, which date shall be set forth along with the term of each appointment on the initial certificate of appointment required by subsection (f) of this section to be filed with the custodian of records;

(2) For those authorities whose articles of organization provide for commissioners to have 5-year terms:

(i) The commissioners who are initially appointed after the date of the Secretary of State's approval of the articles shall be designated in the certificate of appointment to serve for terms, respectively, from the effective date of their appointments of:

1. In the case of authorities having 5 commissioners, for terms of 1, 2, 3, 4, and 5 years from the effective date of their appointments;

2. In the case of authorities having 7 commissioners, for terms of 1, 2, 3, 3, 4, 5, and 5 years from the effective date of their appointments; and

3. In the case of authorities having 9 commissioners, for terms of 1, 2, 2, 3, 3, 4, 4, 5, and 5 years from the effective date of their appointments; and

(ii) After the terms of the initial appointments of commissioners to an authority expire, in order to stagger the terms, when the term of any commissioner expires, the commissioner's successor shall be appointed for a term of 5 years; and

(3) For those authorities whose articles of organization provide for commissioners to have 3-year terms:

1. In the case of authorities having 5 commissioners, for terms of 1, 2, 2, 3, and 3 years from the effective date of their appointments;

2. In the case of authorities having 7 commissioners, for terms of 1, 1, 2, 2, 3, 3, and 3 years from the effective date of their appointments; and

3. In the case of authorities having 9 commissioners, for terms of 1, 1, 1, 2, 2, 2, 3, 3, and 3 years from the effective date of their appointments; and

(d) For authorities not governed by articles of organization, the board of commissioners shall have 5 members. After the terms of the initial appointments of commissioners to an authority expire, in order to stagger the terms, when the term of any commissioner expires, the commissioner's successor shall be appointed for a term of 5 years.

(e) All vacancies shall be filled for the balance of the unexpired term only. A commissioner shall hold office until the commissioner's successor has been appointed.

(f) A certificate of the appointment or reappointment of any commissioner shall be filed with the custodian of records and the certificate shall be conclusive evidence of the due and proper appointment of the commissioner.

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