Maryland Education Section 3-701

Article - Education

§ 3-701.

      (a)      The Howard County Board consists of seven members.

      (b)      A candidate elected to the County Board shall be a resident and registered voter of Howard County. Any member who no longer resides in Howard County may not continue as a member of the Board.

      (c)      Members of the Howard County Board shall be elected:

            (1)      At the general election every 2 years as required by subsection (d) of this section; and

            (2)      From Howard County at large.

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

                  (ii)      Each term of office begins on the first Monday in December after the election of a member and until a successor is elected and qualifies.

            (2)      (i)      The term of office of the member elected at the 2002 election is 4 years.

                  (ii)      The successor to this office shall serve for a term of 4 years.

            (3)      (i)      Two members shall be elected at the 2004 election.

                  (ii)      The successors to these offices elected at the 2008 election shall serve a term of 4 years.

            (4)      (i)      Five members shall be elected at the 2006 election.

                  (ii)      Subject to paragraph (5) of this subsection, the successors to these offices shall be elected at the 2010 election and shall serve for a term of 4 years.

            (5)      (i)      Except as provided in subparagraph (ii) of this paragraph, as of the 2006 election, the term of each office is 4 years.

                  (ii)      1.      At the 2006 election, the individual elected as a member who receives the lowest number of votes among the five members elected in that election shall serve for a term of 2 years.

                        2.      The successor to the office for the member elected at the 2006 election who receives the lowest number of votes among the five members elected in that election shall be elected at the 2008 election and shall serve for a term of 4 years.

            (6)      Except as provided in paragraph (7) of this subsection and subject to the confirmation of the County Council, the County Executive of Howard County shall appoint a qualified individual to fill any vacancy on the County Board for the remainder of that term and until a successor is appointed and qualifies.

            (7)      If a vacancy occurs before the date that is 1 year following the date of the member's election, the individual appointed under paragraph (6) of this subsection shall serve only until a successor is elected by the voters at the next general election.

            (8)      Candidates for the vacated office may be nominated at a primary election in the same manner as for any other position on the Howard County Board.

            (9)      When more than two members of the County Board are to be elected at an election and the terms of the offices to be filled at the election vary, the elected candidates receiving the greater number of votes shall fill the offices with the longer terms.

            (10)      The candidate receiving the vacated position shall take office on the first Monday in December after the election and shall continue to serve for the remainder of the vacated term and until a successor is elected and qualifies.

            (11)      Except as provided in this subsection, an election to fill a vacancy on the Howard County Board of Education shall be governed by §§ 8-801 through 8-806 of the Election Law Article.

      (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 Howard County.



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