Section 12-304 - Tenure of commissioners of an authority. - Maryland Statutes

§ 12-304. Tenure of commissioners of an authority.
 

(a)  Authorities governed by articles of organization.-  

(1) This subsection applies to authorities for which the Secretary of State approves articles of organization on or after July 1, 1990. 

(2) All initial appointments of commissioners of an authority after the Secretary of State approves the articles of organization shall have the same effective date. 

(3) The effective date shall be set forth along with the term of appointment on each initial certificate of appointment required by § 12-302(b) of this subtitle. 

(4) For authorities whose articles of organization say that commissioners of the authority have 5-year terms, those who are initially appointed shall have staggered terms of: 

(i) 1, 2, 3, 4, and 5 years for five-member authorities; 

(ii) 1, 2, 3, 3, 4, 5, and 5 years for seven-member authorities; and 

(iii) 1, 2, 2, 3, 3, 4, 4, 5, and 5 years for nine-member authorities. 

(5) For authorities whose articles of organization say that commissioners of the authority have 3-year terms, those who are initially appointed shall have staggered terms of: 

(i) 1, 2, 2, 3, and 3 years for five-member authorities; 

(ii) 1, 1, 2, 2, 3, 3, and 3 years for seven-member authorities; and 

(iii) 1, 1, 1, 2, 2, 2, 3, 3, and 3 years for nine-member authorities. 

(6) Notwithstanding § 12-311 of this subtitle, a commissioner of an authority who is an employee of the political subdivision serves at the pleasure of the chief elected official. 

(b)  Authorities adopting articles of organization.-  

(1) The term of a commissioner of an authority who was in office before the adoption of articles of organization ends on the effective date of the initial appointments under the articles of organization. 

(2) Except as provided in paragraphs (3) and (4) of this subsection, before the effective date of the initial appointments under the articles of organization, the chief elected official shall appoint each commissioner of an authority who was in office before the adoption of the articles of organization to a term as a commissioner of the authority under the articles of organization. 

(3) A commissioner of an authority who has delivered to the chief elected official written notice declining appointment may not be appointed under this subsection. 

(4) If the number of commissioners of an authority is reduced by the articles of organization so that there are not enough places for all those who did not decline appointment, the chief elected official shall choose which ones to appoint, and when they are appointed and qualify they are the successors of all those who were in office before the adoption of the articles of organization. 

(5) Notwithstanding § 12-205(b)(1)(iii) of this title, any other provision of this Division II, and the articles of organization, an appointment under this subsection does not require approval of the legislative body. 

(c)  Authorities not governed by articles of organization.- If an authority is not governed by articles of organization: 

(1) commissioners of the authority who are initially appointed shall have terms of 1, 2, 3, 4, and 5 years; and 

(2) each term thereafter shall be 5 years. 

(d)  Service until successor qualifies; service where term has begun.-  

(1) At the end of a term, a commissioner of an authority serves until a successor is appointed and qualifies. 

(2) A commissioner of an authority who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. 
 

[An. Code 1957, art. 44A, §§ 1-202(f)(1), (2), 1-207(b)(3), (c)(1), (2)(i), (3)(i), (d), (e); 2006, ch. 63, § 2.]