(a) All commissioners of the authority, the executive director of the
authority, and all employees of the authority are:
(1) Local officials for the purposes of Title 15, Subtitle 8, Part I of the
State Government Article, and therefore are subject to local ethics
laws; and
(2) Local government employees for the purposes of Title 5, Subtitle 3 of
the Courts and Judicial Proceedings Article, and therefore are entitled
to the protections of the Local Government Tort Claims Act.
(b) No claim of any nature whatsoever shall arise against, and no liability
shall be imposed upon, any commissioner of an authority for any
statement made or actions taken in the good faith exercise of the
powers granted and duties imposed under this article.
(c) A commissioner or employee of an authority may not acquire any interest
direct or indirect in any housing project or in any property included
or planned to be included in any project, except for bonds purchased
prior to the commissioner's or employee's appointment and interests
in mutual funds, nor shall he have any interest direct or indirect in
any contract or proposed contract for materials or services to be
furnished or used in connection with any housing project. If any
commissioner or employee of an authority owns or controls an interest
direct or indirect in any property included or planned to be included
in any housing project, he immediately shall disclose the same in
writing to the authority and such disclosure shall be entered upon the
minutes of the authority. Failure so to disclose such interest shall
constitute misconduct in office.
(d) (1) A commissioner of an authority may be removed by the chief elected
official for neglect of duty or misconduct in office, including
violations of local ethics laws and misconduct identified in subsection
(c) of this section, in the following manner:
(i) The chief elected official shall file charges with the office of the
custodian of records and promptly deliver a copy of the charges to the
commissioner and to the secretary of the authority;
(ii) Written notice of the date, time, and place of a hearing shall be given
to the commissioner at least 14 days prior to the hearing;
(iii) Unless the commissioner has resigned from office, the chief elected
official shall conduct the hearing at which the commissioner shall have
an opportunity to be represented by counsel and to be heard in person;
and
(iv) Upon completion of the hearing, the chief elected official shall make
written findings.
(2) In the event of the removal of any commissioner, a record of the
proceedings, together with the charges and findings thereon, shall be
filed in the office of the custodian of records.
(e) Upon the filing of charges under subsection (d)(1)(i) of this section
with the office of the custodian of records, the chief elected official
may suspend temporarily a commissioner, provided that:
(1) The chief elected official shall immediately reinstate the commissioner
in office if the chief elected official finds such charges have not
been substantiated; and
(2) The commissioner shall be automatically reinstated unless a hearing has
been held and a decision made by the chief elected official on removal
within 45 days of the filing of charges. The chief elected official may
not temporarily appoint a person to perform the duties of a suspended
member.
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