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Statutes Text

Article - Education




§3–601.

    (a)    (1)    In this subtitle, “elected member” means a member of the county board elected under subsection (b)(1) or (2) of this section or appointed to fill a vacancy under subsection (e)(3) of this section.

        (2)    “Elected member” does not include the student member selected under subsection (f) of this section.

    (b)    The Garrett County Board consists of:

        (1)    One elected member from each county commissioner district;

        (2)    Two elected members from the county at large; and

        (3)    One nonvoting student member.

    (c)    (1)    A candidate from a county commissioner district shall be a resident of that district.

        (2)    The member from the county at large shall be a resident of the county.

        (3)    A candidate for the county board shall be a registered voter of the county.

        (4)    (i)    A member from a county commissioner district who no longer resides in that district may not continue as a member of the county board.

            (ii)    A member at large who no longer resides in the county may not continue as a member of the county board.

    (d)    (1)    Elected members of the board shall be elected at a general election as required by subsection (e) of this section.

        (2)    The student member shall be selected in accordance with subsection (f) of this section.

    (e)    (1)    Each elected member serves for a term of 4 years beginning on January 1 after the member’s election and until a successor is elected and qualifies.

        (2)    The terms for elected members are staggered as required by the terms of the members serving on January 1, 1985.

        (3)    The County Commissioners shall appoint a qualified individual to fill any vacancy in an elected member’s position on the board for the remainder of the term and until a successor is elected and qualifies.

    (f)    (1)    Each May, the elected members of the county board shall select a student member, and an alternate to serve in the event of a vacancy in the student member’s position, from among candidates recommended by the Garrett County Association of Student Councils.

        (2)    The term of the student member is 1 year and begins on July 1.

        (3)    To be considered for the position of student member, or as the alternate for the student member’s position, a student shall:

            (i)    Be a sophomore or junior in high school at the time of applying;

            (ii)    Have attended Garrett County public schools for at least 2 years;

            (iii)    Be in good academic standing and have maintained a grade average of at least 80% during the previous 2 academic years; and

            (iv)    Not have experienced significant attendance or disciplinary problems during the student’s high school career.

        (4)    (i)    The Garrett County Association of Student Councils shall propose procedures governing the selection of candidates for the student member’s position.

            (ii)    The procedures proposed under this paragraph are subject to the approval of the elected members of the board.

            (iii)    The procedures adopted under this paragraph shall provide for the selection of up to four candidates, selected by the Garrett County Association of Student Councils by secret ballot, for the position of student member. The names of the candidates shall be forwarded to the elected members of the county board for final selection of the student member and of an alternate.

        (5)    The student member:

            (i)    Shall attend all regular meetings of the county board;

            (ii)    May attend special public meetings of the county board;

            (iii)    Shall attend all meetings of the Garrett County Association of Student Councils; and

            (iv)    Shall continue to meet all the requirements for selection to the student member position.

        (6)    The student member may not attend executive sessions of the county board.

    (g)    (1)    The State Board may remove an elected 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 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 his 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 Garrett County.



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