Maryland Education Section 3-5B-01

Article - Education

§ 3-5B-01.

      (a)      The Frederick County Board consists of seven members elected from the county at large.

      (b)      (1)      A candidate elected to the County Board shall be a resident and registered voter of Frederick County.

            (2)      Any member who no longer resides in the county may not continue as a member of the Board.

      (c)      (1)      A member serves for a term of 4 years beginning the first Tuesday in December after the member's election and until a successor is elected and qualifies.

            (2)      Members of the Frederick County Board shall be elected as follows:

                  (i)      Three members of the County Board shall be elected in the November general election of 2000 and every 4 years thereafter; and

                  (ii)      Four members of the County Board shall be elected in the November general election of 2002 and every 4 years thereafter.

      (d)      (1)      The terms of members are staggered as provided in subsection (c) of this section.

            (2)      The County Commissioners shall appoint a qualified individual to fill a vacancy on the County Board for the remainder of the term and until a successor is elected and qualifies.

      (e)      (1)      The State Board may remove a member of the County Board for:

                  (i)      Immorality;

                  (ii)      Misconduct in office;

                  (iii)      Incompetency; or

                  (iv)      Willful neglect of duty.

            (2)      Before removing a member, the State Board shall send the member a copy of the charges against the member and give the member an opportunity within 10 days to request a hearing.

            (3)      If the member requests a hearing within the 10-day period:

                  (i)      The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and

                  (ii)      The member shall have an opportunity to be heard publicly before the State Board in the member's own defense, in person or by counsel.

            (4)      A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Frederick County.



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