CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE
(a) Except for the Baltimore City Board of School Commissioners established
under § 3-108.1 of this subtitle, the New Prince George's County
Board of Education established under § 3-108.2 of this subtitle, and
counties listed in § 3-114 of this subtitle, the Governor shall
appoint the members of each county board from the residents of that
county.
(b) (1) Each member shall be appointed solely because of character and fitness
and without regard to political affiliation.
(2) An individual who is subject to the authority of the county board may
not be appointed to or serve on the county board.
(c) (1) Each member serves for a term of 5 years beginning July 1 after his
appointment and until a successor is appointed and qualifies.
(2) The Governor shall appoint a new member to fill any vacancy on an
appointed board for the remainder of that term and until a successor is
appointed and qualifies.
(3) Unless otherwise disqualified under this section, a member of a board
is eligible for reappointment. However, an individual may not serve for
more than 2 consecutive terms.
(d) (1) With the approval of the Governor, the State Superintendent may remove
any member of a county board appointed under this section for:
(i) Immorality;
(ii) Misconduct in office;
(iii) Incompetency;
(iv) Willful neglect of duty; or
(v) Failure to attend, without good cause, at least half of the scheduled
meetings of the board in any one calendar year.
(2) Before removing a member, the State Superintendent shall send the
member a copy of the charges against him and give him an opportunity
within 10 days to request a hearing.
(3) If the member requests a hearing within the 10-day period:
(i) The State Superintendent promptly shall hold a hearing, but a hearing
may not be set within 10 days after the State Superintendent sends the
member a notice of the hearing; and
(ii) The member shall have an opportunity to be heard publicly before the
State Superintendent in his own defense, in person or by counsel.
(4) If a member who is removed so requests, the State Superintendent shall
file with the clerk of the circuit court for the county from which the
member was appointed:
(i) A complete statement of all charges made against the member;
(ii) The findings of the State Superintendent; and
(iii) A complete record of the proceedings.
// SPECIAL NOTE: THE ABOVE SECTION WAS CHANGED BY CHAPTER 289
OF 2002 AND WILL REMAIN IN EFFECT UNTIL JUNE 30, 2006 //
(a) Except for the Baltimore City Board of School Commissioners established
under § 3-108.1 of this subtitle and counties listed in § 3-114 of
this subtitle, the Governor shall appoint the members of each county
board from the residents of that county.
(b) (1) Each member shall be appointed solely because of character and fitness
and without regard to political affiliation.
(2) An individual who is subject to the authority of the county board may
not be appointed to or serve on the county board.
(c) (1) Each member serves for a term of 5 years beginning July 1 after his
appointment and until a successor is appointed and qualifies.
(2) The Governor shall appoint a new member to fill any vacancy on an
appointed board for the remainder of that term and until a successor is
appointed and qualifies.
(3) Unless otherwise disqualified under this section, a member of a board
is eligible for reappointment. However, an individual may not serve for
more than 2 consecutive terms.
(d) (1) With the approval of the Governor, the State Superintendent may remove
any member of a county board appointed under this section for:
(i) Immorality;
(ii) Misconduct in office;
(iii) Incompetency;
(iv) Willful neglect of duty; or
(v) Failure to attend, without good cause, at least half of the scheduled
meetings of the board in any one calendar year.
(2) Before removing a member, the State Superintendent shall send the
member a copy of the charges against him and give him an opportunity
within 10 days to request a hearing.
(3) If the member requests a hearing within the 10-day period:
(i) The State Superintendent promptly shall hold a hearing, but a hearing
may not be set within 10 days after the State Superintendent sends the
member a notice of the hearing; and
(ii) The member shall have an opportunity to be heard publicly before the
State Superintendent in his own defense, in person or by counsel.
(4) If a member who is removed so requests, the State Superintendent shall
file with the clerk of the circuit court for the county from which the
member was appointed:
(i) A complete statement of all charges made against the member;
(ii) The findings of the State Superintendent; and
(iii) A complete record of the proceedings.
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